Waterway Accident: Can You Sue After an Injury on a Chartered Boat?

by cjadmin | September 30th, 2024

California’s waterways offer many recreational opportunities, from serene lake fishing to exhilarating coastal sailing. Both visitors and locals often charter boats to explore these waters, benefiting from guided tours and specialized equipment for various aquatic adventures.

However, the thrill of water activities can sometimes lead to unforeseen dangers. In 2022, California reported 387 recreational boating accidents, resulting in 43 fatalities and 198 injuries.

You can sue the liable party for compensation if you’re hurt while aboard a chartered vessel. Our California boat accident attorneys can investigate your claim, identify who’s liable, and seek a settlement for your injuries.

When Leisure Turns to Danger: Understanding Waterway Accidents

Recreational boating accidents can arise from various scenarios. Common examples include:

  • Collisions: Boats colliding with other vessels, stationary objects, or even hitting underwater obstacles can cause major injuries. For instance, a chartered boat might crash into a dock or another boat, leading to injuries to passengers.
  • Capsizing: Overloading a boat or improper handling can cause it to capsize. This is especially risky in chartered boats when safety measures are not strictly enforced or untrained staff operate the vessel.
  • Falling Overboard: Passengers might accidentally fall off the boat because of sudden movements or rough waters. If the person is not promptly rescued, drowning or severe injuries may occur.
  • Equipment Failure: Mechanical failures, such as engine malfunctions or steering issues, can also lead to accidents. For example, if a chartered boat’s engine fails in turbulent waters, it can drift uncontrollably and cause an accident.

Why Chartered Boat Cases Are So Complex

Chartered boat cases in California are particularly complex due to the interplay of maritime law and state regulations. Here’s how they affect boating accident cases in California:

  • Maritime Law: This federal law typically oversees accidents on navigable waters. It includes the Jones Act, which helps seafarers seek compensation from their employers for injuries due to negligence.

General maritime law also covers maintenance, cure, and wrongful death at sea. Chartered vessel cases may require an experienced attorney to understand these federal guidelines and how they work with state laws.

These include provisions for operating vessels responsibly and requirements for passenger safety. When accidents happen, California law can add a layer of complexity to liability with state-specific regulations.

Who Might Be Liable in a Charter Boat Collision?

Liability often falls on several parties in chartered boat accidents. At-fault parties in a claim can include:

  • Charter Company: The company could be liable if it failed to maintain the boat properly, did not adhere to safety regulations, or provided inadequate instructions.
  • Boat Manufacturer: Faulty equipment or design flaws in the boat could make the manufacturer liable. For instance, the manufacturer may be held responsible if a steering mechanism fails and causes an accident.
  • Boat Operator: If the operator of the chartered boat was negligent, either by operating recklessly or failing to follow safety protocols, they could also be liable.

How We Determine Fault and Win You Compensation

At Berg Injury Lawyers, we know maritime and California boating laws, enabling us to determine liability in chartered boat incidents. We take decisive action to identify the responsible parties and secure compensation.

  • Investigating the Incident: We conduct a thorough investigation of the accident, gathering crucial evidence such as witness statements, accident reports, and maintenance records. Using this evidence, we can establish whether negligence occurred and identify the responsible parties.
  • Assessing Liability: Our legal team carefully evaluates all potential liabilities, including the charter company, operator conduct, and equipment failures. Depending on what we find, we can help you initiate a product liability case or boating accident claim for compensation.
  • Navigating Maritime and State Laws: We consider all relevant legal standards by combining our knowledge of federal maritime law with California state law. We help interpret how these laws apply to your case and guide you through the legal process.
  • Negotiating with Insurance Companies: Our law firm handles all negotiations, advocating for compensation based on the injuries and damages sustained.  Damages would include such things as medical costs and lost wages.
  • Representing You in Court: If a settlement cannot be reached, we are prepared to represent you in court. Our attorneys present strong evidence and arguments to secure the compensation you deserve.

Secure Your Future After a Boating Accident

Boating accidents on California’s waterways can lead to serious injuries and complex legal issues. If you’ve been injured in a chartered boat accident, seek professional legal help from Berg Injury Lawyers.

Our personal injury attorneys can help you understand the legal issues involved, determine fault, and pursue the compensation you need to recover. Contact us today for a free consultation.