What Are the Legal Consequences of a Boat Accident?

The legal consequences of a boat accident usually depend on the cause of that accident, as well as the identity of the legally responsible party.

Legal consequences of boat accidents vary, but the effects are usually the same. All kinds of boat accidents generally require extensive hospital treatment, California has one of the highest daily hospital costs in the nation. As a result, the medical bills alone soon spiral out of control.

Unfortunately for victims, these medical bills are just the beginning. While boat accident victims undergo medical care, they usually cannot work. As a result, more unpaid bills pile up. All the while, they must deal with ongoing pain and suffering.

A Carlsbad personal injury lawyer diligently builds a strong case and tirelessly advocates for victims, so they get the compensation they need and deserve.

Kinds of Boat Accidents

Car crashes may involve injuries to drivers and/or passengers. Usually, driver error causes both kinds of car accidents. Similarly, operator error usually causes boat accidents like:

• Collisions: Excessive speed causes many boat collisions. Boats don’t have tires or brakes. So, they’re difficult to maneuver and stop, especially if conditions are less than ideal.
• Falls: Operators are also responsible for passenger safety, at least to an extent. Passenger falls are very common on wet decks that roll and pitch.
• Drownings:Life preservers don’t prevent all drowning injuries, and many passengers don’t wear life preservers anyway.

These accidents usually cause permanent injuries. Head injuries are a good example. Doctors and physical therapists can often manage brain injury symptoms. However, the injury itself is permanent. Dead brain cells don’t regenerate.

Accident-related head injuries are also difficult to diagnose, mostly because head injury symptoms often resemble accident shock symptoms.

A Carlsbad personal injury lawyer connects boat accident victims with doctors who effectively diagnose and treat their injuries. As a bonus, these medical professionals usually charge nothing upfront.

First Party Liability

Boat operators are generally responsible for these injuries if the boat operator was negligent. In California, a negligence case has four basic elements:

• Duty: Most boat operators have a legal duty to avoid collisions if possible. They also have a duty to create and maintain safe environments for passengers.
• Breach: Essentially, a breach of duty is a lack of care, such as speeding, operating under the influence of alcohol, or leaving passengers to fend for themselves.
• Cause: A Carlsbad personal injury lawyer must establish a direct connection between the breach and the damages.
• Damages: Generally, compensation is only available if the victim sustained a physical injury. Some exceptions apply in some cases.

The victim/plaintiff must prove each element of a negligence case by a preponderance of the evidence (more likely than not).

Third Party Liability

Since many operators rent boats in California, the negligent entrustment theory often applies in boat accident cases.

Boat owners are vicariously liable for negligence damages if they knowingly allow incompetent people to operate their boats or other motor vehicles. California’s minimum operator requirements are so low that, in most cases, unless the operator went above and beyond, the operator is incompetent as a matter of law.

Third party liability is good and bad for victims. Negligent entrustment opens up another source of recovery and it makes cases much more complex.

Reach Out to a Thorough 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. We routinely handle matters throughout the Golden State.