San diego boat accident attorney 2022. More than 50,000 boats, or more than 7% of all the boats registered in the state, are registered in San Diego County, according to California State Parks' Division of Boating and Waterways. In San Diego County, there are several boating accidents every year, some of which end in injuries and fatalities.
If you enjoy boating in the area, you might one day be involved in a boating disaster due to the dense boat traffic in San Diego Bay. If you have previously encountered this unpleasant reality and sustained injuries in a boating accident in San Diego, you may pursue financial compensation from the responsible party.
The knowledgeable boating accident attorneys at Gomez Trial Attorneys are aware of the devastating effects that catastrophic injuries have on victims of boating accidents and their families, and we are here to assist. Economic unrest shouldn't have to be added to the stress and anguish of your ailments. For a free consultation to go over the specifics of your boating accident, your injuries, how they have affected your life, and the best course of action given your situation, contact us online or give us a call right away.
TYPES OF SAN DIEGO BOATING ACCIDENTS
Several things can happen that result in boat property damage, injuries, and/or fatalities in a boating accident.
The most frequent categories of boating mishaps in Southern California and San Diego, according to California State Parks, are:
Capsizings, Disputes with other boats, Flooding, Grounding, Fires, and Overboard Falls.
CAUSES OF SAN DIEGO BOATING ACCIDENTS
Boating accidents can be avoided, much like the great majority of automobile accidents. The precise reasons of boating accidents vary, but generally speaking, negligence is to blame for the majority of them.
In San Diego and throughout California, certain elements might result in watercraft accidents, including:
operator lack of expertise. To legally operate a vessel with a motor of 15 horsepower or more, California law requires that the operator must have a California Boater Card or be under the supervision of a licensed adult. You must complete a state-approved boater safety education course and pass an exam in order to get a California Boater Card. A safety training, however, cannot replace experience, and people who have not spent much time on the water can be responsible for all kinds of boating mishaps. Because a lack of a license may be used as evidence of negligence, our San Diego personal injury attorneys often look into whether a boat operator has a valid license or appropriate supervision at the time of an accident.
operator neglect. The most common reason for boating accidents in San Diego Bay and all of Southern California is distracted boat operators who are not performing their duties. Dangerous collisions with other vessels might happen when operators aren't paying attention to what's up ahead. Operators occasionally have conversations with passengers or use their cellphones. Safe boat operators frequently designate a lookout person on larger vessels, although that person may also fall short of averting a disaster. If a boat operator is not paying attention, it can be too late to avert a collision by the time they see the hazard up ahead.
excessive velocity. Another typical factor in boating mishaps is operating a vessel too quickly. It is challenging for operators to maintain control of their vessels at excessive speeds. Additionally, it makes it challenging to respond to other vessels and water hazards. Even though excessive speed might result in other boating mishaps, it is frequently linked to crashes and capsizes, especially in bad weather.
failure of machinery or equipment. To keep their vessels safe on the water, boat owners are required by law to keep them well-maintained. A mechanical failure on the water is less likely to happen with regular inspections and preventative maintenance. Failure of equipment at crucial periods can result in collisions, fires, and other risky boating mishaps. Defective boats or boat parts can also lead to mechanical problems on a boat. The maker of the defective product and other parties involved in the distribution of the boat or boat part could be held liable for damages if a defective product causes a boating accident and injuries.
choppy water and dangerous weather. Hazardous weather that produces rough water and unfavorable boating conditions can develop quickly in San Diego. Boat owners can decide whether to go out on the water that particular day even though they have no influence over the weather. Failure to prepare or arrive on land prior to the arrival of a hazardous storm may result in capsizing. High winds and rough weather can both deplete fuel supplies, leaving sailors stranded and at risk of capsize or runaground.
TYPES OF INJURIES THAT SAN DIEGO BOATING ACCIDENT VICTIMS SUFFER
Depending on the particular sort of accident, injuries from boating accidents might range widely. According to the most recent state statistics, the two most frequent boating mishaps in San Diego Bay are boat collisions and boat fires. Both of these accidents have the potential to be fatal.
Depending on the circumstances of the accident, those who survive such accidents may sustain one or more of the following injuries:
- deep wounds and slashes with permanent scars
- Fractures
- Burns
- more severe soft-tissue injuries, such as sprains and strains
- Traumatic brain damage brought on by head injuries
- harm to internal organs
- damage to the neck and back, such as slipping discs and shattered vertebrae
- Amputation due to spinal cord injuries that result in total or partial bodily paralysis
- Dislocation
- injuries from drowning, shock, and hypothermia
LOCATIONS OF SAN DIEGO BOATING ACCIDENTS
The busy commercial and recreational boat traffic along San Diego's coastline raises the possibility of a boat accident with serious injuries.
Various circumstances and different boat types can result in boating accidents, including:
private vessels On private boats, injuries to boaters frequently result from accidents. When boat owners neglect to properly maintain their vessels, large vessels with crews are more likely to be involved in accidents and suffer injuries. Boating accidents can also be greatly influenced by alcohol. Passengers who overindulge in alcohol or drugs run the same risk of falling overboard as those who drink and operate a boat, especially in choppy waters outside of the bay.
Individual watercraft. In San Diego's mild climate, operating a personal watercraft is a well-liked pastime. Because personal watercraft are lightweight and quick, many people use them without the required training. Additionally, it might occasionally be challenging for other vessels to see these boats. The results of a collision between a larger vessel and a personal watercraft are frequently fatal. People who survive a crash are likely to sustain crippling injuries.
cruise vessels Although San Diego's cruise port is not as large as Miami's, a lot of cruise liners and smaller cruise ships enter and exit San Diego Bay. Serious physical harm can be caused by faulty maintenance procedures, weak security measures, and inadequately trained staff. If you were hurt while on a cruise leaving from San Diego, you should speak with a San Diego boating accident lawyer right away to go over your options because each cruise line has different policies for filing a claim.
Marinas/docks. Marinas and docks in San Diego Bay and the surrounding coastal areas are used by boat owners and operators to berth their vessels. Poorly constructed or maintained docks can cause dangerous slip and fall accidents, drownings, and other injury-causing situations. Boaters may potentially get injuries if another boat or object strikes them when they board, depart, or secure a vessel.
THE FINANCIAL IMPACT OF SAN DIEGO BOATING ACCIDENT INJURIES
Victims and their families can suffer tremendously from severe watercraft accident injuries. Along with the physical hardship brought on by injuries and recovery, boating accident victims and their families also experience extreme financial stress. In the worst scenarios, families may be faced with bankruptcy, foreclosure, vehicle repossession, and/or eviction. In some circumstances, families find it difficult to meet basic demands. A household may be impacted financially by boating accident injuries in the following ways:
MEDICAL CHARGES
The cost of treating severe boating accident injuries results in a mountain of medical costs for victims and their families. An ambulance or helicopter transport to the hospital and a trip to the emergency department add to the cost of treatment.
Hospitalization, surgery, follow-up treatment, prescription drugs, and diagnostic tests, such as X-rays and other lab tests, are additional potential medical costs. Medical care expenses keep rising when serious injuries occur.
In the worst cases, victims of boating accidents have lasting wounds. Some chronic wounds need continuing care or additional operations. If families are unable to give the required care and treatment at home, their loved ones may need to be placed in a long-term nursing facility.
Some early therapy costs may be covered by a victim's health insurance, but often not all of them. Additionally, only individual insurance plans cover care in a long-term care facility, placing a tremendous financial burden on families.
REHABILITATION
Every boating accident injury requires recovery and rehabilitation. With severe injuries, rehabilitation involves additional therapies or treatments and is more complicated. Rehabilitation nearly always includes physical therapy. Patients who have suffered orthopedic and soft tissue injuries can regain lost movement thanks to it.
For those who have permanent injuries, occupational therapy is a crucial component of rehabilitation. By teaching patients alternative methods for performing typical daily tasks, occupational therapy helps patients deal with their injuries. Patients, particularly those who have experienced brain traumas, can learn or relearn how to speak with others with the aid of speech and language therapy.
A serious boating accident injury is also a distressing experience on an emotional level. Depending on their circumstances, victims could grow afraid of boats or the ocean. A rehabilitation program may also include psychotherapy, counseling, or other mental health therapies. The victims of watercraft accidents incur additional costs as a result of these pricey therapies.
LOST WAGE AND AWARDS
If they sustain severe injuries, boat accident victims who contributed a sizable percentage of the household income may have to miss weeks or months of work. Although temporary disability benefits are available, they only partially replace lost wages, leaving a household with a sizable revenue gap.
Due to their injuries, those who are unable to work could have to spend all of their paid time off, and they usually have to pay higher insurance premiums to keep their health insurance coverage.
In the worst watercraft accidents, victims may get chronic wounds that prevent them from going back to work. When a family member is never again able to work, financial instability becomes prevalent. Permanent disability benefits never entirely replace lost income; they only cover a maximum amount, like temporary disability benefits. Family members may need to quit their jobs or cut back on their hours as a result of having to care for a loved one, which would increase the financial strain.
EXTERNAL HELP
Before getting hurt, a lot of boat accident victims helped support their families. Family members frequently pitch in to complete activities that the victim once did. Some victims, though, and/or their families, must rely on pricey outside assistance. This is especially true if the victim of the boating accident lives alone or if other family members have jobs outside the home.
A family may require outside assistance for the following tasks, for example:
- Lawn maintenance and yard work
- Handyman
- Laundry and cleaning
- Buying food and cooking
- Daycare and tutoring
FAQs about SAN DIEGO boating accidents
You can feel overburdened, furious, depressed, or a combination of these emotions if you or a loved one has recently suffered injuries in a San Diego boating accident brought on by someone else's carelessness. Accident victims and their families may be unsure of what to do next due to dealing with significant injuries and all of the stress that goes along with it. Use the free case evaluation offered by Gomez Trial Attorneys to find out how we can assist.
The following responses to frequently asked questions about boating accidents in San Diego may assist give you some basic information until you get the chance to speak with an attorney, regardless of whether the boating accident happened recently or months ago.
DO I NEED TO REPORT A BOATING ACCIDENT IN SAN DIEGO?
You must submit a written accident report to the California State Parks, Division of Boating and Waterways (DBW), within 24 hours if the accident causes:
Deaths, disappearances, or injuries requiring more advanced treatment than first aid
Property damage of over $500
the total destruction of a vessel
If a person passed away more than 24 hours after the accident, if the accident solely caused property damage, or if a vessel was lost, you have 10 days to file the report. It is better if the boat's owner or operator reports the incident. If the wounded person cannot file on their own because of physical limitations or is otherwise incapable, other accident participants may do so.
IS THE BOAT OWNER PERMANENTLY RESPONSIBLE FOR SAN DIEGO BOATING ACCIDENT INJURIES?
No. One of the several parties you can designate as a defendant in a lawsuit seeking damages for your injuries sustained in a boating accident is a boat owner.
One or more of the following parties may be liable for damages depending on the specifics of the accident:
boat captain. Anyone driving a boat carelessly could be held responsible for any accident-related losses. Negligent actions include driving the boat while distracted, when intoxicated or high, and by going faster than is prudent.
Passengers. If a boat passenger's carelessness caused an accident, they may be held accountable. A passenger who prevents a ship from operating safely or who causes another to tumble overboard are two examples.
Producing boats and boat parts. The firm that designed and manufactured the boat or part may be held partially or entirely liable for damages if a defective boat or defective boat part results in mechanical problems that result in a boating accident.
vessel owner. Boat owners, whether they are private individuals or commercial entities, have a duty to keep their vessels in good condition. Owners of yachts and larger boats are liable if adequate maintenance isn't done or if crew members aren't properly trained. Additionally, the owner normally bears the insurance coverage when you submit an insurance claim for injuries caused by a boat accident. Even if the boat owner did not act negligently, the fact that the boat was covered by liability insurance made the owner liable.
WHAT ARE THE LIMITATIONS FOR RECEIVING DAMAGES AFTER SAN DIEGO BOATING ACCIDENT INJURIES?
Boating mishaps are difficult circumstances. Different statutes of limitations can be applicable depending on the specifics of your boating accident. Depending on where the event occurs, maritime law may apply to a boating accident at the federal, state, or local level. You have three years from the accident date to launch a lawsuit if your injuries fell under the purview of the federal government.
You have two years to file a case if your injuries happened on land or in Californian-governed seas. Additionally, you only have six months to submit an administrative claim if the responsible party is a governmental body. To protect your rights if you were hurt in a boat accident in San Diego, you should speak with a lawyer as quickly as you can following the incident.
An attorney can assess your circumstances and advise you as to which laws are relevant in your scenario. You run the risk of losing your opportunity to get compensation for your injuries if you miss the deadline.
WHAT PROTECTIONS DO I HAVE IF I SUSTAINED INJURIES IN A SAN DIEGO BOATING ACCIDENT WHILE WORKING?
The Workers' Compensation Act (WCA) normally does not cover crew members and other workers involved in the operation of a vessel, in contrast to other employees who get on-the-job injuries. However, injured crew members and harbor employees are still given additional protections under federal law in order to be compensated for their injuries.
We have outlined three significant federal legislation that might be relevant to your case below.
Moore Act. The Jones Act gives injured seamen the ability to sue their employers for negligence if their vessels were unfit for the sea. In the event of death, a representative on the employee's behalf may also file a claim. Accidents can happen because an employee does not have the right tools or equipment for the task; the entire vessel need not be unsafe. The owner is responsible for maintaining everything's functionality. Failure exposes the vessel's owner to liability and shields the crew from dangerous circumstances that are out of their control.
Act concerning Longshore and Harbor Workers' Compensation. The Longshore and Harbor Workers' Compensation Act (LHWCA) also offers protection to marine workers who pass away or are hurt accidentally while on the job. Longshoremen, ship repairers, shipbuilders, and shipbreakers are all protected workers because they are involved in the operation of the vessel. Under the LHWCA, the employer is responsible for any damages if the accident takes place in or over navigable waterways. If the vessel's owners were aware of the danger that resulted in injuries, they might also be held accountable. Contact a lawyer as soon as you can because the law is very explicit regarding the covered injuries and the amount of compensation that a worker or surviving family members may obtain. LHWCA claims must follow tight reporting guidelines, which include informing an employer within 30 days of any injury or death.
Act on Death on the High Seas. An qualified survivor may file a lawsuit under the Death on the High Seas Act (DOHSA), a federal legislation, if their loved one perished on the high seas as a result of carelessness, malice, or deterioration. High seas are defined as waters that are more than three nautical miles from the coast under the DOHSA and other federal maritime legislation. Families who have lost a loved one may be entitled to financial recompense for the harm that has been done.
WHAT DAMAGES CAN I RECOVER AFTER SUFFERING INJURIES IN A SAN DIEGO BOATING ACCIDENT?
You can be compensated for a variety of losses connected to your injuries if you file a lawsuit against the boat owner or another accountable party.
You might be compensated for the following if a settlement is reached or you win in court:
Expenses for medical care, such as those related to emergency response teams, helicopter or ambulance transport to the hospital, hospitalization, emergency room care, diagnostic tests, surgery, prescription drugs, and doctor visits
Costs of anticipated future medical care when a boating accident results in a chronic injury that needs constant attention or treatment
Costs of rehabilitation for specialized therapies that assist boating accident victims in overcoming the physical and psychological hardships that come with catastrophic injuries
The price of aids like wheelchairs, canes, walkers, and prosthetic limbs
Loss of earnings owing to time away from the workplace from accidents and hospitalization
Lost earning potential occurs when a severe injury sustained in a boating accident prevents a person from going back to work or looking for new employment.
the anguish of both the body and the mind
lower level of quality of life
loss of companionship, if any
Discoloration and scarring
punitive penalties in circumstances of egregious negligence or intentional harm
CAN A TRIAL BE HAD IN MY SAN DIEGO BOATING ACCIDENT CASE?
Since litigation is expensive, both parties are drawn to settlement and other forms of dispute resolution, such as mediation. Everyone concerned wants to avoid going to court, but due to the complexity of boat accident situations, these options aren't always viable. Your lawyer will analyze your case and inform you of any obstacles that might stand in the way of a settlement and the chance that you will go to trial. You should be ready for the potential that you will need to appear in court and have your attorney argue your case before a judge up until you have the opportunity to speak with a lawyer.
DO I NEED TO SEEK COMPENSATION FOR MY SAN DIEGO BOATING ACCIDENT INJURIES THROUGH AN ATTORNEY?
Without legal counsel, you can submit an insurance claim against the boat owner's coverage, but you run the risk of not being awarded the maximum amount of money for your injuries sustained in a boating accident. The best chance you have of getting compensated for your injuries is to work with a lawyer who is knowledgeable about the intricate regulations governing boating accidents in San Diego. Lawyers also know how to apply the law to your claim. Furthermore, insurance companies frequently take claimants with representation more seriously and refrain from using predatory measures to reject and undervalue a claim.
SHOULD I CONTACT A SAN DIEGO BOATING ACCIDENT ATTORNEY PRIOR TO CONVERSING WITH THE INSURANCE COMPANY?
It's nearly usually in your best advantage to wait to speak with the insurance company until after you have sought legal counsel when dealing with the serious injuries and high-stakes claims frequently connected with boating accidents. Finding a means to reject or undervalue a claim is the main objective of insurance adjusters when they receive a claimant's statement. You run the risk of saying something the adjuster can use against you if you speak to them before seeking legal advice.
Additionally, adjusters enjoy intimidating or coercing individuals into providing recorded comments. The majority of communications can be handled by your attorney, who can also advise you on what to say and what not to say when you need to communicate with the insurance provider. This safeguards your claim and increases the likelihood that you will be awarded the maximum amount of money for your injury.
WHAT AMOUNT OF COMPENSATION SHOULD I EXPECT FOR THE INJURIES SUFFERED IN A SAN DIEGO BOATING ACCIDENT?
We are unable to provide you with an estimated payout for your claim. Every accident injury case is different, and these facts and circumstances either increase or decrease the value of a claim. You could be eligible to receive hundreds or millions of dollars if your claim is successful and the judge rules in your favor. You can decide to accept less than the whole amount of your claim if you settle. Gomez Trial Attorneys, however, cannot assure any recovery value.
Your claim will be evaluated by a knowledgeable boating accident attorney from Gomez Trial Attorneys, who will also ascertain your economic and non-economic losses to arrive at an accurate valuation. The opposition, however, will always believe that our number is excessive. There are no guarantees, but we can give you a general idea of what you might anticipate. Higher serious injuries typically result in bigger losses and more compensation as a result.
DO I HAVE TO PAY AN ATTORNEY FOR A BOATING ACCIDENT IN SAN DIEGO UP FRONT?
No, not if you work with us. Our San Diego boating accident attorneys accept new clients on a contingent fee basis and provide free consultations. During an initial session, you can tell your experience, ask questions, and find out more about what will happen next. This provides an opportunity for your prospective attorney to analyze your claim and assess your eligibility to file a claim for damages.
You won't have to pay out of pocket if the lawyer you meet with advises filing a lawsuit and you choose to hire him or her. Any money you receive for your injuries in the form of a settlement or court-ordered damages may be deducted from it under a contingent fee agreement for legal services. You don't owe any attorney costs if there isn't a recovery.
The knowledgeable legal team at Gomez Trial Attorneys can assist you in holding the negligent parties responsible for their actions if you sustained injuries in a boating accident in the San Diego region. For a free consultation to find out how we can help, reach out to us right away online.
