When you’re in a boating accident in California, the person driving the boat isn’t always the only one who can be held responsible. Depending on the circumstances, liability can fall on the vessel owner, a rental company, a marina, an equipment manufacturer, or multiple parties. Whoever the liability falls on determines who you file a claim against and whether there’s enough insurance coverage to pay for your injuries.
Below, we’ll walk you through boating accident liability in California, what comparative negligence means for your compensation, and the reporting deadlines for boating accidents.
While the boat operator is the most obvious party to hold responsible after an accident, several other parties can be held liable depending on what went wrong. Liability can fall on:
A boat operator is considered negligent when they fail to act with the care a reasonable boater would use. If they don’t keep a proper lookout, travel too fast for conditions, ignore navigation rules, overload the vessel, or operate under the influence, they can be held responsible for the accident. Speeding in a restricted area, no-wake zone, or near swimmers is also considered boat operator negligence and is treated as its own violation.
Under Harbors and Navigation Code §661, an owner of a numbered or registered vessel can be held responsible for injury or death caused by the negligence of anyone operating the boat with their permission. If they allow a family member or friend to take the boat out, the law presumes they gave permission. They can also face a separate claim if they allow an unqualified, incompetent, or impaired person to take the helm.
When two boats collide, the fault depends on which operator violated navigation rules and whether that violation caused the crash. An investigation looks at who had the right of way, whether each operator kept a proper lookout, and whether they sounded the required signals.
Often, both operators will share some blame for the collision. California boating accident laws allow passengers on either vessel to pursue claims and split responsibility by percentage when more than one operator is at fault.
California follows pure comparative negligence, which means your compensation is reduced by your share of fault but not eliminated. For example, if you’re found 30% responsible and your damages are $200,000, you’ll recover $140,000.
Insurance companies often push arguments to reduce what they owe you. They may argue that you weren’t wearing a life jacket, had been drinking, or were standing where you shouldn’t have been to shift a larger share of the blame onto you.
Passengers injured in a boating accident can file boat accident injury claims against the owner, operator, another boat’s operator, or a rental company. Because passengers are rarely at fault, comparative negligence has little effect on what they recover. While some may be hesitant to file a claim against a friend or family member who was driving, the claim is paid from an insurance policy rather than that person’s pocket, so it won’t cost them financially.
If the crash is caused by a mechanical failure, the manufacturer may be strictly liable for your injuries if you can prove the product was defective. Common failures include:
Rental companies can also be held liable if they failed to inspect or maintain the vessel. These situations require quick action to prevent the boat from being repaired or scrapped, which eliminates key evidence.
If you’re in a boating accident in California, immediately stop at the scene, provide aid to anyone injured or in danger, and exchange information with everyone involved. Even if you feel fine, always seek medical attention to document your condition.
Photograph the boats, the conditions, and any visible damage to begin building a record. Also collect contact information for all passengers and witnesses and report the accident to the appropriate agency. Avoid giving a statement to any insurer before you’ve talked to an experienced personal injury lawyer in Los Angeles.
If you’re involved in a boating incident where someone dies within 24 hours of the accident, disappears, or is injured beyond first aid, you must submit a written report to the Division of Boating and Waterways within 48 hours. All other reportable accidents, including those that involve property damage over $500, complete loss of a vessel, or a death occurring more than 24 hours later, have 10 days to file.
Boating accident compensation in California can cover:
Contacting a California boating accident lawyer as soon as possible helps protect your right to compensation, preserves evidence, and tracks down witnesses while their memories are fresh. The deadline to file a personal injury lawsuit in California is generally two years from the date of injury, but if a harbor district, state park, or other public entity is involved, you only have six months to file a government claim.
Not sure who’s liable for a boating accident? At The Law Offices of Jacob Emrani, we’re here to help you navigate the process. Our team of Los Angeles boat accident lawyers has fought for injured Californians for decades, helping you sort out liability and get the compensation you deserve. We provide free consultations and won’t charge you anything unless we win. Call Jacob Emrani today to schedule your free case review.