California has hundreds of miles of coastline as well as beautiful year-round weather that allows state residents and tourists alike to enjoy being on the water all the time. With over one million boats registered annually in California there comes a risk of boating accidents. If you or a loved one has been injured in a boating accident, it is important that you know where to go and whom to consult. At Deldar Legal, our team of legal experts will zealously advocate for your right to compensation after a boating accident. Call the office or contact us to schedule a free evaluation of your case today.
Top Causes of Boating Accidents
There are many causes of boating accidents. According to the California State Parks Division of Boating and Waterways, in 2016 the top types of boating accidents that led to the injury or death of victims include colliding with another vessel, flooding or swamping of the boat, grounding, sinking, capsizing, falling overboard, colliding with a fixed object in the water, fire, or explosion. In 2016, the main causes of boating accidents included the following:
- Operator inattention
- Operator inexperience
- Excessive speed
- Machinery failure
- Hazardous waters
- Equipment failure
- Restricted vision, and
- Sharp turns
Regardless of the cause, any type of boating accident has the potential to cause serious harm or even death to those involved in the accident. You may have a claim for compensation if you were hurt in a boating accident caused by another person.
Proving Negligence in a Boating Accident
In order to collect damages for injuries caused by a boating accident, the victim must be able to prove that the person at fault acted negligently. In order to show negligence on the part of a boat operator, the following elements must be proven. First, the boat operator had a duty to operate the boat safely. Second, the boat operator breached that duty by operating the vessel in a negligent or reckless manner that endangered others. Third, the negligent or reckless behavior caused the injuries sustained, and fourth that there are actual damages that resulted from the boating accident.
Compensation for Boating Accidents
The victim of a boating accident can collect compensation for their injuries in the form of special and general damages. Special damages are also known as economic damages and include payment for all out of pocket expenses. This includes compensation for medical bills, lost wages, property damage, and the future loss of income and benefits. General damages compensate a boat accident victim for all other loss associated with their injuries, including emotional distress, pain and suffering, loss of enjoyment of life, disability, and disfigurement. An experienced personal injury attorney will be able to review your case and advise you on the value of your claims.
Call or Contact Our Office
If you would like to speak with a California attorney about injuries sustained in a boat accident, contact Deldar Legal today to schedule a free consultation of your claims.