San Diego Boat Accident Lawyers

If you have been injured in a boating accident, you deserve an attorney who can fight for your rights. Whether the incident happened in Mission Bay, San Diego Bay, or beyond, we can help you get the best results possible. Our team of San Diego boat accident lawyers at The Barnes Firm have in-depth experience handling a wide variety of watercraft injury cases with compassion and skill.

Why Choose The Barnes Firm for Your Boating Accident Case in San Diego?

When you need a San Diego boating accident attorney, our team is here with compassionate, knowledgeable representation. Our seasoned attorneys take a client-first approach backed by over 500 years of combined legal experience and handle all types of boating accident lawsuits.

Experience in Boating Accident Claims

With three office locations near the California coast, we are no strangers to boating incidents. We have handled a wide variety of claims, including boat collisions, capsizes, slip and falls on the boat deck, propeller accidents, water skiing and jet ski accidents, falls overboard, and more. No matter the type of watercraft, we’ve handled a case involving it. We use our deep experience to build the strongest case possible.

Personalized and Compassionate Support

Our San Diego personal injury attorneys tailor each case strategy to the client’s needs. As a client, you can expect 24/7 availability, direct communication with your attorney, and regular updates to keep you informed.

Maggie N.

I had the pleasure of working with Allen, and he was Amazing, very attentive, patient, and answered all my questions. I always received a call back within 24 hrs if I had to leave a message.

Local San Diego Knowledge

We are Californians with an in-depth knowledge of San Diego boating communities and waterways, from La Jolla Shores to the San Diego Bay. We know how boating in Mission Bay differs from launching at Glorietta, and we use our knowledge to protect your rights.

No Fees Unless You Win

Our firm works on a contingency fee basis, meaning you pay nothing unless we win your case. If you collect damages, our fee is an agreed-upon percentage of your settlement or award.

Proven Results for Accident Victims

Our knowledgeable team has secured favorable verdicts and settlements for multiple victims of = accidents. Notable case results include:

• $1,125,000 Motorcycle Accident: Client struck by bus while riding motorcycle causing ankle, knee, back, rib, and brain injuries.
• $1,000,000 Scooter Accident: Client fell off scooter after hitting pothole causing major face injuries.
• $1,000,000 Truck Accident: Client was rear-ended by truck causing back and shoulder injuries.
• $750,000 Car Accident: Client was driving for Uber when struck by another vehicle – sustaining neck, back, and leg injuries.
• $700,000 Pedestrian Accident: Pedestrian hit by vehicle in a crosswalk, sustaining head, shoulder, chest, and back injuries.

What Are the Recoverable Damages in a Boating Accident Lawsuit in San Diego, CA?

There are three potential types of damages in personal injury claims, including most boating accident lawsuits.

Economic damages cover financial losses related to your accident, including the following:

• Past, current, and future medical bills
• Physical therapy and rehabilitation
• Lost wages
• Loss of future earning capacity
• Property damage
• Other expenses, such as home disability modifications and transportation to doctors’ appointments

If you lost a loved one in a boating accident, you may be eligible to claim related economic and non-economic damages in a wrongful death lawsuit. These might include end-of-life medical care, funeral and burial costs, and lost family income.

Non-economic damages compensate you for the less quantifiable impacts on your life, such as the following:

• Pain and suffering
• Emotional distress
• Reduced quality of life
• Dismemberment or disfigurement

Families filing a wrongful death lawsuit may claim other non-economic losses, such as loss of companionship from a spouse or partner.

Punitive Damages

Under California law, a court may award punitive damages when it finds the defendant’s actions were malicious, oppressive, or fraudulent. Unlike economic and non-economic damages, which are compensatory in nature, punitive damages aim to penalize the defendant and deter future misconduct.

An experienced San Diego boat accident attorney can evaluate your case and estimate the damages you might be entitled to for your accident.

Amelia W.

I had an extremely uncommon case that took longer than anticipated, but Richard Mackie, my personal defense lawyer, helped me out tremendously throughout the entire process. He was very helpful and answered any questions I ever had, and was able to explain them to me to help me make the best decision. He managed to get more in my pocket than originally projected as well. Richard is very nice and easy to work with, turning my experience that was not a great event into a better experience I can look back on now. I would definitely recommend anyone to Richard Mackie as their attorney.

What Are Jones Act Claims and Who Is Eligible?

If you work on a boat and get injured, you might be eligible to pursue compensation under the Jones Act, also known as the Merchant Marine Act of 1920, a federal law covering maritime commerce and its workers.

Under 46 U.S.C. §30104, any seaman injured while on the job can bring a lawsuit against their employer. If the seaman dies from their injuries, an eligible family member can bring a wrongful death lawsuit.

Courts have defined a “seaman” as an employee who:

• Contributes to the vessel’s function or the achievement of its mission
• Has a substantial connection to a vessel in navigation, either in terms of duration or nature

Demonstrating eligibility can be complicated, given the continuing debate around this definition. Consult with an experienced boating accident lawyer if you think you may qualify.

How Do I File a Lawsuit After a Boating Accident in San Diego, CA?

California is an at-fault state for boating accidents, just as it is for car crashes. Therefore, you need to pursue a claim against the liable party. Once you know who you plan to sue, the steps are the same as in any other personal injury matter:

• Hire a lawyer: An experienced attorney can advise you on your options and represent you throughout the process.
• Build a case: Your lawyer will investigate the accident to determine who is liable and what damages you can pursue. They will then gather evidence to support your claim.
• Settlement negotiations: The defendant’s insurance company or attorney will likely respond to the claim with an initial settlement offer. Your lawyer can help you decide whether to accept or reject the settlement offer. If you reject the offer, the negotiations continue.
• File a lawsuit and litigate your case: If negotiations fail, you and your attorney may decide to pursue litigation, which means filing the appropriate paperwork with the correct court, usually a California superior court. You must file your lawsuit before the deadline imposed by the statute of limitations, which is generally two years from the accident date.
• Take your case to trial if necessary: If the opposition refuses to offer a full and fair settlement, your lawyer will litigate your case and even take it to trial before a judge and jury. Litigating a case and going to trial is typically a lengthier and more costly process than settlement, but it often carries the possibility of higher compensation.

At every phase of the process, it’s essential to have a skilled trial attorney on your side.

Understanding Legal Liability and Negligence in Boating Accidents

To succeed in a boating accident claim, you must prove the at-fault party’s negligence. To prove negligence, you must establish the following four elements:

• Duty of Care: The defendant must have owed you a duty of care. All boaters have a legal duty to operate their vessels safely and avoid harming others while navigating San Diego’s
• Breach of Duty: You must show the defendant violated their duty, either by action or omission. For example, if someone becomes intoxicated at a Coronado bar and then goes boating under the bridge, they breach their duty of care.
• Causation: You must show that, were it not for the defendant’s breach, the accident would not have occurred. For instance, suppose a sailboat operator launches in Mariners Cove on a foggy morning without a navigation light, which is legally required. If another boater gets into an accident nearby, they must prove that the lack of lighting contributed to the incident.
• Damages: The plaintiff must have suffered compensable damages in the accident to file a lawsuit. If a reckless jet ski operator knocks over your kayak in Mission Bay and you suffer a broken leg, you can pursue compensation for your medical bills, lost wages, pain and suffering, and more.

Identifying All Liable Parties

The key to pursuing maximum compensation for a boating accident is to identify all parties responsible for your injuries. Liable parties in a boat accident may include the following:

• Vessel owners or operators
• Boat or equipment manufacturers
• Rental companies
• Maintenance providers
• Marina owners or managers

California law still allows you to pursue compensation even if you are partially at fault for your boating accident. California follows the rule of pure comparative negligence, meaning you can sue as long as you are not 100% responsible for the accident. However, your compensation will be reduced in proportion to your share of the blame.

For example, if you are 60% responsible for your boating accident and have sustained $100,000 in damages, you can collect 40% or $40,000.

Steven G.

Allen Oghassabian did an awesome job by helping me to get myself back to be able to work without pain. He also answered all my questions when I had concerns. I would recommend The Barnes Firm to everyone that I know if needed. Thank you again for doing an outstanding job.

What Types of Boating Accidents Does The Barnes Firm Handle?

San Diego’s popular waterways are the scenes of many types of boating incidents, from towline-related parasailing accidents to marina collisions. We are here to represent the interests of all injured victims, regardless of accident severity or type.

Our jet ski accident lawyers understand the severe injuries that can happen when one of these small vessels crashes. If your vessel is larger, a yacht injury attorney can investigate what went wrong and whether a faulty propeller or other equipment failure contributed to the crash.

With its beautiful weather and proximity to the Pacific Ocean, San Diego is one of the top boating cities in the world. Millions of locals and tourists set sail for recreational purposes every year, while countless charter fishermen make a living in our harbors. However, the sheer volume of traffic on crowded bays and waterways, inexperienced boaters, and weather conditions all pose a substantial risk of an accident.

Call The Barnes Firm for a Free Consultation

If you have been injured in a boat accident, act quickly to protect your rights. Our firm offers free consultations to advise you about your options and discuss how we can help you pursue the best possible results.

Don’t wait—call us today at (800) 800-0000 or contact us online for your free consultation. There’s no obligation and no fee unless we win.