Maritime law protects the rights of people injured at sea.
Those who suffer harm as a result of another party’s negligence benefit from the help of a law firm vastly experienced with San Diego maritime litigation. Offshore accidents can be complex matters, often involving overlapping laws. Not every personal injury attorney understands the laws and their application to boating accident cases.
When an adverse incident occurs on a watercraft and a person is injured or killed, the laws protecting the victim are unique. The road to seeking compensation depends on a variety of factors including the type of vessel(s) involved, where the incident occurred, the cause of the accident, and other case specific details.
Knowledge, Compassion, and Commitment for Injured Clients
At CaseyGerry, we understand the distinct set of laws that apply to maritime litigation. Our boating accident lawyers have decades of experience representing clients who have suffered loss or injury at sea.
Our firm handles cases involving a wide range of vessels, including:
Recreational watercrafts:
- Motorized boats ranging from small powerboats to yachts and pontoons
- Non-motorized boats including sailboats, rafts, kayaks, paddleboards, canoes
- Personal watercrafts such as jet skis and wave runners
- Inflatable boats
Commercial watercrafts:
- Commercial fishing boats
- Rigs, liners, freighters, etc.
- Passenger vessels including cruise ships and ferries
Each case is different. Injuries have occurred as a result of negligence, unsafe conditions, malfunctioning equipment, or another preventable problem. In the end, our goals are the same: to find a resolution that meets our clients’ long-term needs.
Common Boating Accident Causes in San Diego
There is no doubt that boaters have a lot of freedom when operating their boat on the open water, but all water vessels are subject to boating rules, restrictions, and requirements. Boaters also have a duty to safely operate their vessels, especially when navigating water that is occupied by other people and boats. Unfortunately, boat operators sometimes breach their duty of care, and violate boating laws, injuring innocent people as a result.
The following are some of the most common causes and contributing factors in boating accidents:
- Operator impairment – Boat operators in California are subject to strict laws regarding drug and alcohol impairment. Impaired boat driving is a factor in a large number of boating accidents every year.
- Operator inexperience – Age restrictions on boat operation vary depending on the size and type of vessel. Regardless of age, inexperienced drivers frequently make operating mistakes and errors in judgment due to their lack of familiarity and experience.
- Violation of inland navigation rules – Inland navigation rules are the water rules that govern boating operation, light signals, and sound signals.
- Lookout negligence – When towing someone on water skis, rafts, kneeboards, and other water sports devices, in addition to the boat operator, a lookout must be onboard. The lookout’s job is to watch the person being towed is required to be at least 12 years old. Lookout negligence can lead to severe injuries.
- Operator distractions – Distracted driving is not limited to automobiles. Boat operator distractions are a common contributing factor in California boating accidents. Operators have a duty to pay attention to the surrounding waters and take evasive action when necessary.
- Excessive speed – There are speed limits that vary depending on water location and proximity to beaches, bathers, and boat landings. Outside of speed limits, operators are required to maintain a safe speed at all times so that they can avoid collisions and stop within an appropriate distance under present conditions.
- Boat defects and malfunctions – Boat and equipment defects can cause accidents and injuries. Common types of defects include engine, fuel system, steering, gear shift, and electrical system failures and malfunctions.
Boating Accident Liability in San Diego, CA
Depending on your accident circumstances, potentially liable parties include commercial boating companies, boat operators and owners, and water vessels, manufacturers. Proving your claim involves determining the cause of the accident, demonstrating that the defendant’s negligence or recklessness caused the accident, and providing evidence of the extent of your injuries and damages sustained.
Boating Accident Compensation Available in San Diego
If someone else’s negligence caused your boating accident and injuries, you are entitled to seek compensation for resulting injuries and damages, such as medical bills, lost wages, and property damage. When injuries are serious or permanent, you may also seek compensation for pain, suffering, and disability. Surviving family members of those who have suffered fatal boat accident injuries may have a right to compensation under a wrongful death claim.
Decades of San Diego Maritime Litigation Experience
Over more than 70 years in practice, the experienced lawyers at CaseyGerry have handled a wide range of maritime litigation cases. We have obtained justice for individuals working on fishing boats as well as those who were swimming or sailing recreationally. Our firm also had a pivotal role in the 1989 Exxon oil spill litigation, representing more than 1,000 people.
CaseyGerry’s investigators and legal team are well-versed in the nuances of maritime law. We’re committed to identifying whose carelessness led to the accident, then serving as the voice and advocate for our injured clients.
If you suffered an injury at sea, we can help. Our firm can assist you in receiving financial compensation for physical, emotional, and financial losses resulting from the crash. Call CaseyGerry at (619) 238-1811 for a confidential consultation.
