Understanding California Boat Accidents: Types, Liability, and Settlements

Unfortunately, no. In 2023, boat accidents caused over $63 million in property damage alone. Operator inattention, improper lookout, inexperience, excessive speed, and/or machinery failure substantially caused most of these accidents. Usually, the first four constitute operator negligence or a lack of care. As for the fifth cause, most companies are strictly liable for the injuries their defective products cause.

The bottom line is that, in most cases, boat accident victims are entitled to substantial compensation. This compensation includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. However, insurance companies and other defendants don’t give this money away. Instead, California Boat Accident Attorneys must build a strong case and fight for this money in court.

Types of Boat Accidents

Onboard falls, “man overboard” drownings, and boat collisions are the three most common kinds of boat accidents in California.

Falls are a constant danger on cruise ships. Below deck, cruise ships are almost like floating, miniature Las Vegas. The Titanic weighed 46,000 tons and carried about 3,500 people. The Symphony of the Seas, which entered service in 2018, weighs 230,000 tons and carries 9,000 people. So many people and so much activity makes falls inevitable.

The deck isn’t much less crowded and isn’t much safer. Even the most diligent crew members cannot possibly keep up with all fall hazards, like wet spots on the floor and rowdy children running around unsupervised.

These injury cases are quite complex. Depending on the ship’s location, multiple states could have jurisdiction, and multiple laws could apply. Furthermore, cruise ship companies often bury liability waivers deep in the fine print. These waivers usually aren’t legal, but they add another layer to an already complex case.

Drownings are the most common fatal boat accident. Most of these victims aren’t wearing life jackets, but even if they were, a life preserver is not a 100 percent guarantee of survival. Many of these drownings occur late at night or during busy parties when the victim isn’t immediately missed.

Collisions usually don’t cause fatal injuries, but they often cause serious injuries, mainly because the people on the boat are completely unrestrained. They frequently hit their heads, an incident that causes one of several kinds of injuries. Collisions also often throw people overboard.  

Boat Accident Responsibility

Most likely, the Skipper was legally responsible when the three-hour tour went off the rails, stranding Gilligan and his companions on a deserted island. However, in most cases, a third party is legally responsible for boat injuries.

Large offshore holding companies typically own large cruise ships. These companies have almost unlimited financial resources and usually fight tooth and nail injury cases. 

Party barges are small cruise ships. Once again, an out-of-state or offshore holding company often legally owns the vessel. So, these cases are similarly complex.

California laws stress tourism over safety. Therefore, many boat operators have little or no experience operating a watercraft. Deaths occurred predominantly on vessels operated by individuals who had not received boating safety instruction, accounting for 75 percent of fatalities. Open motorboats, personal watercraft, and cabin motorboats were the vessel types most involved in reported incidents.

Most people rent power boats and other small craft. These owners are legally responsible for Boat Accident Injuries if they knowingly allow incompetent people to operate their boats or other motor vehicles. Evidence of incompetence includes:

• Lack of operational experience with that equipment,
• Lack of familiarity with the lake or other environment, and
• A poor boating or driving record.

These cases are subject to the federal Graves Amendment, which sometimes limits owner liability. Furthermore, California’s laws on the subject are very intricate.

Obtaining a Settlement

Unraveling the legal complexities of a boat accident doesn’t automatically produce a favorable settlement. A California personal injury attorney must also diligently collect evidence that supports the victim’s case and refutes possible insurance company defenses, such as comparative fault.

This legal loophole shifts blame for an accident, like a fall, from the tortfeasor (negligent party) to the victim. The defendant argues that the fall injury victim didn’t watch where s/he was going.

Evidence, like evidence about the crowded conditions in the hall or the lack of light, effectively short-circuits this defense.

Once a lawyer builds a solid case, a lawyer negotiates from a position of strength. This negotiating posture usually ensures maximum compensation. If a lawyer settles a case too quickly, the victim must usually settle for less. 

Request a Free Consultation with Our Boat Accident Lawyers!

Boat accidents cause serious injuries. For a free consultation with an experienced personal injury attorney in California, contact the Law Offices of Eslamboly Hakim. We do not charge upfront legal fees in these matters.