San Diego Boating Accident Attorney


Boating Accident


Boating Accident Attorney in San Diego, California


California ranks behind only Florida, which has a longer coastline, in boating accidents and fatalities, according to the U.S. Coast Guard and its 2019 Recreational Boating Statistics Report. Across the state, California had 324 boating accidents in 2019, along with 39 fatalities.

On the waterways, all boaters must comply with certain health and safety regulations. These laws are designed to protect your life and property from damage, but unfortunately, that doesn’t mean that everyone follows them. Inebriated, distracted, unsafe, or otherwise negligent boat operators can pose a serious threat to others out on the water.

If you or someone you love has been injured in a boating accident in San Diego, contact Benner Law Firm. Our personal injury attorney Craig Benner will listen to your story, investigate the details, assess liability, and pursue the compensation you deserve — all while protecting your rights at every turn. Call 619-595-6794 or reach out today to learn more about how we can help with your case.

Boating Laws in California


California ranks behind only Florida, which has a longer coastline, in boating accidents and fatalities, according to the U.S. Coast Guard and its 2019 Recreational Boating Statistics Report. Across the state, California had 324 boating accidents in 2019, along with 39 fatalities.

On the waterways, all boaters must comply with certain health and safety regulations. These laws are designed to protect your life and property from damage, but unfortunately, that doesn’t mean that everyone follows them. Inebriated, distracted, unsafe, or otherwise negligent boat operators can pose a serious threat to others out on the water.

If you or someone you love has been injured in a boating accident in San Diego, contact Benner Law Firm. Our personal injury attorney Craig Benner will listen to your story, investigate the details, assess liability, and pursue the compensation you deserve — all while protecting your rights at every turn. Call 619-595-6794 or reach out today to learn more about how we can help with your case.

State vs. Federal Court

There is also the question of which court to pursue your claim in – state or federal. Article III of the U.S. Constitution says the federal court system has jurisdiction over admiralty and maritime cases, so your lawsuit may have to begin in federal court. Our San Diego boating accident attorney will guide you on the best course of action, as personal injury claims against boat owners can also originate in state court, should circumstances dictate that approach.

Boat Safety Laws You Should Know


California maritime laws prohibit the operation of a vessel that is in any way reckless or negligent and also require the boat operator to navigate at speed appropriate to other traffic, the weather, visibility, and other hazards. The state also enforces boating under the influence (BUI) violations, just as it does with drivers who choose to drive under the influence (DUI). You can be arrested for operating a boat while your blood alcohol content (BAC) is 0.08 percent or higher.

California also requires boat operators to pass a state-approved boater safety education exam and qualify for a California Boater Card. As of January 1st, 2021, every boater 40 years old or younger must take the exam and earn a card before operating a boat. The age requirement moves to 35 years of age by January 1st of 2022 and continues to rise by five years each year on January 1st. By 2025, boaters of all ages must take the exam and earn their California Boater Card certified by the state to operate a boat.

Contact our San Diego boating accident attorneys if you need information about California boating laws.

Get The Legal Support You Need

Types of Boats & The Accidents They’re Involved In


California maritime laws prohibit the operation of a vessel that is in any way reckless or negligent and also require the boat operator to navigate at speed appropriate to other traffic, the weather, visibility, and other hazards. The state also enforces boating under the influence (BUI) violations, just as it does with drivers who choose to drive under the influence (DUI). You can be arrested for operating a boat while your blood alcohol content (BAC) is 0.08 percent or higher.

California also requires boat operators to pass a state-approved boater safety education exam and qualify for a California Boater Card. As of January 1st, 2021, every boater 40 years old or younger must take the exam and earn a card before operating a boat. The age requirement moves to 35 years of age by January 1st of 2022 and continues to rise by five years each year on January 1st. By 2025, boaters of all ages must take the exam and earn their California Boater Card certified by the state to operate a boat.

Contact our San Diego boating accident attorneys if you need information about California boating laws.

Liability for Boating Accidents


California maritime laws prohibit the operation of a vessel that is in any way reckless or negligent and also require the boat operator to navigate at speed appropriate to other traffic, the weather, visibility, and other hazards. The state also enforces boating under the influence (BUI) violations, just as it does with drivers who choose to drive under the influence (DUI). You can be arrested for operating a boat while your blood alcohol content (BAC) is 0.08 percent or higher.

California also requires boat operators to pass a state-approved boater safety education exam and qualify for a California Boater Card. As of January 1st, 2021, every boater 40 years old or younger must take the exam and earn a card before operating a boat. The age requirement moves to 35 years of age by January 1st of 2022 and continues to rise by five years each year on January 1st. By 2025, boaters of all ages must take the exam and earn their California Boater Card certified by the state to operate a boat.

Contact our San Diego boating accident attorneys if you need information about California boating laws.

Prevailing with Your Own Claim


In any accident or incident involving boats that cause injury — or even death — someone, or some entity like a manufacturer, must be shown to have been negligent for you to recover compensatory damages.

For instance, if you’ve been struck and injured by another boat, you must be able to show in court that:

  • The boat operator owed you a duty of care

  • The boat operator breached that duty of care

  • That breach of care was the cause of your injuries

Remember, under California law and regulations, boat operators are required to operate their vehicles safely — or in other words — to exercise a reasonable duty of care.

Under a personal injury claim, you can recover compensation for medical expenses, loss of income, disability, and any additional pain and suffering. Though California is considered a pure comparative negligence state — one of only four nationwide — this means that you can recover damages even if you are found to be 99 percent at fault for the accident. California state courts will reduce your reward by the percentage of fault that you were assigned for the accident.

For example, if you are found to be 20 percent at fault for a boating accident and are awarded $100,000 in compensation, you will only be eligible to collect $80,000 to account for the twenty percent of fault that you were assigned for contributing to the accident.

Hire a Boating Accident Attorney Who Understands California Boating Laws


In any accident or incident involving boats that cause injury — or even death — someone, or some entity like a manufacturer, must be shown to have been negligent for you to recover compensatory damages.

For instance, if you’ve been struck and injured by another boat, you must be able to show in court that:

  • The boat operator owed you a duty of care

  • The boat operator breached that duty of care

  • That breach of care was the cause of your injuries

Remember, under California law and regulations, boat operators are required to operate their vehicles safely — or in other words — to exercise a reasonable duty of care.

 

Under a personal injury claim, you can recover compensation for medical expenses, loss of income, disability, and any additional pain and suffering. Though California is considered a pure comparative negligence state — one of only four nationwide — this means that you can recover damages even if you are found to be 99 percent at fault for the accident. California state courts will reduce your reward by the percentage of fault that you were assigned for the accident.

For example, if you are found to be 20 percent at fault for a boating accident and are awarded $100,000 in compensation, you will only be eligible to collect $80,000 to account for the twenty percent of fault that you were assigned for contributing to the accident.

Boating Accident Attorney in San Diego, California


The Benner Law Firm has extensive knowledge and experience helping individuals and families who have been injured in boating accidents. Our firm proudly serves clients in San Diego and the areas nearby, including Chula Vista, Escondido, El Cajon, Oceanside, and throughout California. If you or someone you love has been injured in a boating accident, don’t face this challenge on your own. Reach out to our San Diego boating accident attorney immediately to schedule a free case consultation and put our experience on your side.

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