Navigating Liability After California Boat Accidents

California’s iconic coastline and abundance of beautiful inland lakes attract boaters year-round. Whether you prefer leisurely sails, fishing adventures, or speedboat excursions, the variety of vessels and activities on California waterways offer something for everyone. However, with all this activity comes an increased risk of boat accidents. When boat accidents happen in California, determining liability can be a difficult feat, as there are usually multiple factors at play. 

How Often do California Boat Accidents Occur? 

In 2022 alone, the state of California experienced 387 boat accidents. This accounted for 6.8% of all nationwide boat accidents that year, highlighting how dangerous boating in California can be. In fact, California ranked amongst other high-risk boat accident states, including Texas and Florida. Although there are numerous contributing factors, boater negligence is a leading cause.

Main Causes of California Boat Accidents 

Boat accidents can occur for various reasons, as California’s coastal and inland waters each pose certain risk factors. Our California boat accident lawyers have identified the following as the main causes of boat accidents: 

• Operator Inexperience. Operating a boat without proper experience can impact the ability to navigate the vessel safely, especially in emergency situations where quick judgement is necessary.  
• Excessive Speed. Operating any type of boat at high speeds reduces an operator’s reaction time and significantly increases their chances of losing control, potentially causing them to crash or capsize.
• Alcohol Use. Driving a boat under the influence of alcohol impairs your judgment and reaction time, endangering you, your passengers, and everyone else on the water.
• Inclement Weather. While on the water, adverse conditions like heavy rain, high winds, choppy waves, and more can reduce visibility, significantly impeding an operator’s ability to navigate while increasing the likelihood of an accident.
• Operator Inattentiveness. Inattentive operators may fail to detect other vessels, obstacles, shallow water, or changes in the weather, potentially causing collisions or grounding incidents. 
• Environmental Hazards. Rocks, submerged structures, shallow areas, and other aspects of the environment can cause boat accidents or grounding incidents if not noticed and avoided.  
• Overloading or Improper Loading. Having too many passengers, loading too many passengers onto one side, or overloading the boat with passengers and cargo can all contribute to a boat accident or capsize. 
• Navigation Rules Violations. Violating navigation rules, buoy signs, and local regulations can lead to an accident with another vessel or object. 
• Equipment Malfunctioning. Boat malfunctions, such as engine failure or electrical issues, can result in accidents if they cause the boat to become inoperable. 

How is Liability Determined After a Boat Accident in California? 

After a boat accident in California, liability is determined based on comparative negligence. This means that if multiple parties are at fault for an accident, each party’s degree of fault is considered. For instance, if you are found partially at fault for a collision because you failed to signal properly, but the other operator was primarily at fault due to speeding, liability may be distributed based on the percentage of fault assigned to each party.  

Thus, this principle impacts how claims are processed and the amount of compensation each party can recover. Consulting with an experienced boat accident lawyer at The Barnes Firm can help you better understand California’s comparative negligence law, identify liable parties in your case, and help you pursue the maximum compensation available.

After a boat accident in California, there may be one or more parties responsible for the incident and your losses because of the incident. Parties that may be held liable for a boat accident include: 

• Boat Owners 
• The operator of the boat 
• Boat Manufacturers 
• Boat Maintenance Providers 

If you believe that one or more of these parties contributed to your boat accident, call our team of trusted boat accident attorneys at The Barnes Firm today at (800) 800-0000. 

What Should I Do After a Boat Accident? 

Despite understanding California’s maritime laws, avoiding the common accident causes, and taking safety precautions, negligent boaters still cause accidents to happen. When they do, they often result in serious injuries and significant property damages. If your vessel is struck by another, you need to: 

• Call For Help. Use your marine radio to contact Channel 16, the international distress frequency monitored by the US Coast Guard.
• Prioritize Safety. Ensure all passengers on your vessel are accounted for and put on their life jackets.  Perform any necessary first aid procedures and always follow standard boat emergency protocol.
• Exchange Information. If you can do so safely, exchange information with the operator of the other vessel involved in your accident. This includes getting the names, contact information, boat registration number, and insurance details of the boat operator that hit you. 
• Document the Incident. Take photographs, videos, and gather witness statements from anyone who witnessed the collision.
• Report the Accident. California law states that boating accidents involving serious injury, death, vessel damage, or property damage must be reported to the California State Parks Division of Boating and Waterways.
• Contact a Boat Accident Attorney. Our trusted California boat accident attorneys at The Barnes Firm can help you better understand your situation, identify liable parties, and strategically guide you towards obtaining compensation for the accident.

Pursuable Damages After a Boat Accident 

After being injured in a boat accident, you may be able to pursue both economic and non-economic damages. Pursuable damages may include: 

• Medical expenses 
• Lost wages 
• Potential future earnings 
• Pain and suffering 
• Emotional distress 
• Loss of consortium 

After a Boat Accident, Call The Barnes Firm 

In the aftermath of a boat accident, you’re likely left dealing with injuries, mounting medical expenses, lost wages, and more. Handling this alone can be complex and add unnecessary stress as you try to recover from the incident. At The Barnes Firm, our attorneys can help you get the best result possible. We evaluate your case free of charge, handle insurance adjusters, guide you through the claim process, and help you get the compensation you deserve. If you or a loved one has been injured in a boat accident, call The Barnes Firm today at (800) 800-0000. It could be the best call you make.  

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes