Boating Accident San Diego
Any injury that occurs on or with a boat is considered to be a boating accident. A
boating accident can occur on someone's privately owned boat, a commercial boat, a jet ski, or even a ferry.
The Coast Guard compiles statistics on recreational and boating accidents. All fifty states, five U.S. territories, and the District of Columbia submit
accident report data to the Coast Guard for inclusion in the annual
Boating Statistics publication. According to those statistics, there
are nearly 12 million registered boats in the United States
Nationally, more
than 8000 people are injured in boating accidents annually, and over
800 people die as a result. Alcohol consumption contributes to
nearly 40% of boating fatalities. Jet Skis account for 20% of
boating injuries and fatalities where the victim is under 18, and
33% where the victim is younger than 16.
California, with
over one million registered watercrafts, has the second highest
boating accident rate in the country, with approximately 800 such
accidents per year, resulting in sixty deaths. Many locals and
tourists are attracted to California's beautiful beaches and warm
ocean waters, making boating, jet skiing, water skiing, snorkeling,
scuba diving, and other water sports extremely popular here. While
entertaining and exciting, these activities create unique dangers of
severe personal injury, including brain injuries, spinal cord
injuries, concussions, and even wrongful death.
Causes of Boating Injuries
Although a collision
with other boats is the most common cause of injury or death in
boating accidents, slip and falls, sinking, and underwater impact
injuries also cause a significant number of boating injuries.
Underwater impact injuries, which occur when someone in the water is
struck by a boat or its propeller, often cause severe injuries and
tragic consequences. Swimmers, water skiers, and scuba divers are
particularly at risk.
The Law on Boating Accidents
When there is a
boating accident, the operator must provide his or her name,
address, and vessel registration number to the other parties and
must also provide assistance to any injured persons. In the case of
a death or disappearance, the boat operator must report the accident
immediately to law enforcement officials. Additionally, a written
report must be filed with the Department of Boating and Waterways
within 48 hours if the boating accident results in the death or
disappearance of a person, an injury requiring medical treatment
beyond basic first aid, or property damage exceeding $500. Someone
who fails to do these things may be held both civilly and criminally
liable.
Generally, both the
owner and operator of a boat must exercise the highest degree of
care to prevent injuries and death to others. Because operator
error, operator inexperience, reckless driving, intoxication, or
boat malfunction cause nearly all boating accidents, liability for
the resultant injuries will lie somewhere. Thus, according to the
law, there is rarely a true boating "accident."
When there has been
an injury from a watercraft accident, there are a number of legal
questions to be addressed. For example, the likely outcome of your
claim may depend on a host of factors, including:
-
The specific
activity being performed at the time of the accident
-
The equipment
involved
-
Whether that
equipment was in disrepair, defective, or subject to recall
-
The age of the
persons involved
-
Whether the
activity was personal or related to business
-
Whether there was
a commercial renter involved
-
Whether the boat
operator was trained in first aid
-
The available
safety equipment
-
Whether there was
a way for the operator to notify emergency personnel
-
The role, if any,
alcohol played in the accident
-
The speed with
which the operator notified authorities
-
Whether the
accident was investigated by government authorities
-
Whether any
waivers were signed and what, specifically, the waivers said
Additionally, many
boating cases involve complex legal issues ranging from diversity
jurisdiction to state and federal conflict of law rules. It is
imperative to have an experienced attorney who will know the right
questions to ask in order to evaluate your claim accurately and to
represent you aggressively.
WHAT TO DO:
If you or a family
member has been injured in a boating accident:
1. Seek immediate
medical attention for your injuries. Go to an emergency room or an
urgent care as soon as you experience any pain or discomfort
following an accident. Even if you don't see any external injuries,
it is extremely important to be evaluated to see if you have any
fractures, a closed head injury, or internal bleeding. If you do not
you're your injuries require emergency medical care, see your family
doctor as soon as possible. If you delay in seeking medical care,
you could be making a costly mistake. At the Law Office of Slaughter
& Slaughter, we work with medical doctors, chiropractors, and
therapists who specialize in treating people who have been injured
in an accident. Even if you do not have health insurance coverage,
Slaughter & Slaughter can provide medical referrals for you to
receive appropriate treatment.
2. Limit your
communication insurance adjusters. It is generally okay to speak
with the adjuster about property damage, but, do not talk about your
injuries. The adjuster's job is to obtain information to use against
you when it is time to pay your claim. The goal is to pay you as
little money as is possible to settle your claim. So, with regard to
your injuries, simply tell the adjuster you were hurt in the
accident and that you are seeking medical treatment, and decline to
go into any further detail.
3. Contact an
experienced attorney. Boating accidents often involve complex
jurisdictional and conflict of laws rules. Failing to have the
proper legal representation can cost you thousands, if not hundreds
of thousands of dollars. Also, the attorney can deal with any
insurance adjusters. As tempting as it may be, don't be lured into
signing a release in exchange for a quick settlement. Once you sign
that release, you cannot ask for more money, which will be tragic if
you find out that your injuries have not fully resolved and you need
additional medical care.
The Law Offices of
Slaughter & Slaughter
4370 La Jolla Village Dr. 4th
San Diego, CA.92122
858.909.9090
There is no reason
to suffer alone from the effects of a boating accident. We can help
you bring a claim and strive to get the compensation you and your
family will need for a lifetime of coping with this catastrophic
injury. Our compassionate personal injury lawyers want to see you
achieve the best resolution possible.
We serve clients
throughout Southern California, including Orange County, Los Angeles
County, Riverside County, San Bernardino County, and the communities
of La Jolla, Del Mar, Carlsbad, Oceanside, Vista, Encinitas,
Escondido, Pacific Beach, San Diego, Los Angeles, Chula Vista, and
surrounding areas.
Don't delay, call
today for more information and a free evaluation of your claim.
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