San Diego Boating Accident Lawyers

Boating accidents present a unique legal challenge that can be pursued through state personal injury cases or federal maritime jurisdiction cases. A boating injury case should be handled by an experienced San Diego boating accident attorney who understands the complex nature of the laws that govern boating off the coast.

San Diego Boating and Marine Accident Statistics

 In 2012, the San Diego area had 42 boating-related accidents. There were 30 reported injuries and 4 fatalities. The majority of accidents were caused by collision with other watercraft, and the most collisions occurred with personal watercraft and jet skis. According to the California Department of Boating and Waterways, San Diego County saw one of the highest rates of accidents and injuries in the entire state.

Maritime Law

 Maritime law, sometimes known as admiralty law, is federal law that strictly covers incidents that occur on navigable waters. It normally covers the intersection of boating accidents as they connect with traditional maritime activities and operations. The Supreme Court has upheld the precedent that recreational watercraft in navigable waters are acting in traditional maritime capacity and are eligible for maritime jurisdiction.

After maritime jurisdiction has been applied to a case, the cases may be tried in state or federal court, but the federal law will apply in either case. Under maritime law, the complexities of a case may range from differing statutes of limitations depending on an accident’s circumstances to issues with determining liability and damages.

Personal Injury Law and Boating

Boating accidents present unique liability issues. For instance, in a collision, the negligent party may be evident because of alcohol consumption or clear human error. In other cases, such as a watercraft capsizing due to another watercraft’s wake, the accident location and traffic will factor into determining liability. Large wakes cut in high traffic areas or no wake zones may mean the operator of the craft who made the wake was at fault.

Being injured as a passenger on a vessel that hits a submerged object also presents unique liability questions. Negligence will be determined by whether the operator was sufficiently regarding GPS, charts, and other navigation indicators. Not having the regulated safety equipment on board is another potential negligence claim. With so many nuances affecting the outcome of a San Diego boating accident case, having experienced legal counsel is the only way to proceed.

Damages in Boating Accident Cases

Whether a boating accident falls under maritime or personal injury law, the injured party may be eligible to collect damages. Compensation for medical expenses, loss of wages, pain and suffering, and loss of earning potential may all be provided through a personal injury lawsuit.

How To Avoid Boating and Maritime Accidents

Since accidents on personal watercraft and smaller watercraft like jet skis are the most common, we’ve compiled a short list for maintaining safety while using these recreational vessels.

• Wear a lifejacket. This is particularly important if you are operating or riding on a jet ski. Even with no outstanding factors, you are more likely to flip a jet ski due to its size and power.  If you are knocked unconscious or otherwise incapacitated, the life jacket may prevent drowning.

• Avoid distractions. While operating a watercraft, remain focused on your surroundings. Pay attention to the water movement as well as any other traffic. Do not operate a vessel if you do not understand the rules of meeting and passing other watercraft.

• Stay away from alcohol. Not only is imbibing before you operate watercraft dangerous, it is illegal. Alcohol can affect your reaction time and judgment, increasing the likelihood of a boating accident just as it can with a car accident.

Liljegren Law Group specializes in personal injury law. Our team of  San Diego boat accident lawyers are dedicated to understanding and representing individuals in many different kinds of personal injury cases. We are familiar with maritime law and state laws surrounding boating accident cases. Don’t trust your injury compensation case to anyone else in the San Diego area.