From operator negligence and equipment failure, to hazardous weather conditions, there are numerous factors that can be attributed to boating accidents. These accidents can result in serious injuries such as drowning, traumatic brain injuries, spinal cord injuries, and more. Boat and jet ski operators have a legal duty to operate their vessels safely and responsibly, and failure to do so can result in liability for any resulting injuries or damages.
The Hulburt Law Firm helps boating accident victims recover maximum compensation for their injuries. Our personal injury attorneys have represented accident victims suffering from propeller lacerations, head injuries, and more. Our attorneys have the experience, skill, and resources to achieve life-changing results for you and your family.
Open motorboats, personal watercraft and cabin motorboats were the vessel types most involved in reported incidents in 2023.*
Throughout the process, we keep you informed, answer any questions you may have, and provide ongoing support. We limit the number of cases we take on so that we can dedicate the time and attention needed for each case.
With the Hulburt Law Firm by your side, you can focus on your recovery while knowing that your legal claims are being taken care of. If you or a loved one has been involved in a boating accident, contact us today for a free case review.
Our attorneys have a proven track record of achieving extraordinary results.
A sudden tire failure caused an SUV to fishtail and crash, killing a beloved husband and father.
A freeway collision resulted in brain and spine injuries.
A seatback collapsed in a rear-end collision, causing the occupant life-changing injuries.
Campus security was speeding and collided with a student’s vehicle, killing her.
A head restraint broke off in a rear end collision, causing the driver to suffer a spinal cord injury.
Adults served minors alcohol at a party. A minor then drove drunk and crashed, killing a passenger.
During your free case review, we listen to your story, collect preliminary information, and provide an honest evaluation of your case’s strengths and potential challenges.
Once the scope of work is signed, our team gets to work conducting a thorough investigation to build a strong foundation for your case including accident scene examinations, analyzing accident reports and witness statements, investigating the involved vessels’ maintenance records, navigational logs, and any available black box data, and reviewing the weather and water conditions that may have contributed to the accident.
To strengthen your case, our firm collaborates with experts, including maritime experts, accident reconstructionists, medical professionals, and economists in order to reconstruct the scene, provide detailed assessments of your injuries and necessary treatments, and calculate the full extent of your financial losses.
Based on our investigation and expert collaboration, we develop a tailored legal strategy involving identifying all liable parties, determining claims, and calculating damages.
Our goal is to ensure you receive full and fair compensation for all your losses. We thoroughly assess the damages you have suffered, including medical expenses, lost wages, pain and suffering, property damage, and loss of consortium (compensation for the impact of your injuries on your relationship with your spouse or family).
If a fair settlement cannot be reached, we take your case to court. Our trial attorneys have extensive courtroom experience and are skilled at telling your story, presenting evidence and expert testimony, cross-examining witnesses, and making compelling arguments to the judge and jury.
Boating accidents in California are governed by a combination of federal and state laws, as well as regulations established by agencies such as the United States Coast Guard (USCG) and the California Department of Boating and Waterways. Here are some key laws and regulations that apply:
This state law governs various aspects of boating, including registration and titling requirements, boating safety education, and rules of navigation on California waterways.
This law requires boaters to carry a valid Boater Education Card if they operate a vessel in California waters, with certain exemptions. The Act aims to promote boating safety and reduce accidents through education and training.
The USCG enforces federal navigation rules, also known as the Rules of the Road, which establish the proper conduct and responsibilities of boaters to prevent collisions on the water. These rules cover topics such as right-of-way, navigation lights, and sound signals.
Boaters must comply with California's vessel registration requirements, which include registering their boats with the California Department of Motor Vehicles (DMV) and displaying the registration numbers and validation stickers as required by law.
It is illegal to operate a vessel while under the influence of alcohol or drugs in California. BUI laws establish penalties for individuals found operating a boat with a blood alcohol concentration (BAC) above the legal limit.
Boating accidents resulting in injury, death, or significant property damage must be reported to the California State Parks Division of Boating and Waterways within a specified timeframe. Failure to report an accident can result in penalties.
Local jurisdictions may establish speed limits and wake restrictions in certain areas to ensure the safety of boaters and others.
Forget surface-level research and mediocre inquiries. We dive deep to conduct extensive investigations and gather evidence in order to build your strongest case.
We use technology to your advantage. By using video and photography, scene recreations, and graphics, we tell your story in a visually-compelling way that other law firms cannot match.
Defense attorneys and insurance companies know us and respect us. We assess the full extent of your damages and pursue all responsible parties in order to maximize the compensation you deserve.
Catastrophic injury and wrongful death cases are rarely simple. We have taken on the largest corporations, insurance companies, and defense firms in the country and won.
We understand how important it is to have a compassionate and considerate lawyer. From providing regular case updates to ensuring clients are adequately prepared for each step of the case, we continually demonstrate our care for all of our clients.
Boating accidents in California can occur due to various factors, but some of the most common causes include:
Yes, a license is required to operate a boat in California under certain circumstances. The requirement for a boating license in California is governed by the California Boating Safety and Education Act, which mandates that boaters must possess a Boater Education Card (also known as a California Boater Card) under the following conditions:
Age Requirement
Boaters who are 16 years of age or older are required to obtain a California Boater Card to operate a motorized vessel on California waterways.
Vessel Type
The requirement applies to the operation of motorized vessels, including personal watercraft (such as jet skis), sailboats with auxiliary motors, and boats with electric trolling motors.
Exemptions
Certain individuals are exempt from the Boater Education Card requirement, including:
To obtain a California Boater Card, individuals must complete an approved boating safety course and pass an examination administered by the California Division of Boating and Waterways. The course covers various topics related to boating safety, navigation rules, state boating laws, and environmental stewardship.
The assumption of risk doctrine can have significant implications for boat accident lawsuits. The assumption of risk doctrine essentially means that individuals who voluntarily engage in an activity known to carry inherent risks may be deemed to have assumed those risks and may be barred from recovering damages for injuries resulting from those risks.
In the context of boating accidents, the assumption of risk doctrine may impact lawsuits in the following ways:
The application of the assumption of risk doctrine can vary depending on the specific facts and circumstances of each case.
Signing a liability waiver does not necessarily prevent you from suing a boat rental company in the event of an accident. While liability waivers are commonly used by businesses, including boat rental companies, to limit their liability for injuries or damages, they are not absolute protections, and their enforceability can be subject to certain limitations and exceptions under California law.
Here are some key considerations regarding liability waivers and lawsuits against boat rental companies in California:
If you are involved in a boating accident, you should:
Liability for a boating accident can rest with various parties, including:
Boating accidents can result in various injuries, including:
Victims of boating accidents may be entitled to compensation for:
The statute of limitations for filing a personal injury lawsuit in California is generally two years from the date of the accident. However, if the accident involves a government entity, you must file a claim within six months. It is crucial to consult with an attorney promptly to ensure you meet all deadlines.
Yes, you are required to report a boating accident to the appropriate authorities if:
Yes, California follows a "pure comparative fault" rule, which means you can still pursue a claim even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% at fault, your compensation will be reduced by 30%.
A boating accident attorney can help by:
To prevent boating accidents, follow these safety tips:
Simply fill out the form or call 619.821.0500 to receive a free case review. We’ll evaluate what happened, your injuries, and potential defendants to determine how we can best help you.