Who Pays for a Boat Accident in California?

Boat accidents in California cost a lot of money. On average, the medical bills alone in these cases exceed $150,000. Most group health insurance plans exclude injury-related costs. When insurance auditors discover the source of these payments, and they always do sooner or later, they usually demand reimbursement. That demand puts boat crash victims in an almost impossible financial situation.

To remedy this problem, a Carlsbad personal injury lawyer not only obtains compensation for economic losses, such as medical bills. Compensation for noneconomic losses, such as pain and suffering, is available as well. This money helps victims and their families face their futures with more confidence. Moreover, a Carlsbad personal injury lawyer usually connects crash victims with top-notch doctors who typically charge nothing upfront for their professional services.

First Party Liability

This compensation and these services are available if a Carlsbad personal injury lawyer proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

Most boaters have a duty of reasonable care. They must avoid accidents if possible and obey both the formal and informal rules of the road, or in this case, the rules of the waves. Most boaters don’t exercise reasonable care, usually because of inexperience and/or impairment.

California laws allow almost anyone to operate a boat, even if they aren’t legally qualified to operate a motor vehicle. These inexperienced boaters often assume that operating a boat is like driving a car. That misunderstanding is fatal in many cases.

Cars and trucks have tires that grip the road and brakes to stop. Boats don’t have tires or breaks. So, they cannot maneuver efficiently or stop quickly. As a result, collisions with other boats and fixed objects on the water, like buoys, are common in California.

Experience, or the lack thereof, doesn’t affect the duty of care. A landlubber has the same duty of care as an experienced boater.

Impairment, such as alcohol impairment, is also an issue in boat crash cases. For many people, alcohol consumption and water sports go hand in hand. This combination often causes serious or fatal injuries.

These injuries aren’t limited to collision injuries. A Carlsbad personal injury lawyer can also obtain compensation for other victims, such as drowning and fall victims. Usually, operator error, in one form or another, causes these injury accidents as well.

Third Party Liability

Boat operators often have little or no insurance coverage. Fortunately for victims, boat owners are often financially responsible for damages in these situations.

The negligent entrustment rule applies if owners knowingly allow incompetent people to operate their motor vehicles, including boats. Arguably, a person could meet the legal minimum requirements to rent a boat and still be incompetent for negligence purposes, because of a lack of experience or impairment at the time of the transaction.

Evidence of incompetence also includes a poor boating safety record that includes at-fault collisions and restrictions on the operator license.

Commercial negligent entrustment cases often work differently in California, because of the federal Graves Amendment. This federal law excuses vehicle owner negligence, if the owner was in the trade or business of renting boats and the owner, or the owner’s agent, was not otherwise negligent.

Count on a Dedicated San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.