A calm day sailing at Long Beach or Marina del Ray can quickly become serious when a boating accident occurs. Knowing what to do after a boating accident helps you protect your health and your ability to support your claim and secure fair compensation in the event of personal injury.
Immediate Steps To Take After a Boating Accident
Your response immediately after a boating accident can affect safety and liability.
Ensure safety first
The first action required in a boating accident is to check yourself and others for injuries. Prioritize people who seem the most seriously injured, such as those who are unconscious, struggling to breathe, or with significant bleeding or trauma wounds, but avoid moving them if possible. If it’s safe to do so, assist the boat’s crew in stabilizing the situation, such as by helping move people to safe areas and providing flotation devices if needed.
Boat operators are required to assist anyone injured in an accident unless doing so puts others at risk. This includes passengers on other vessels, swimmers, or bystanders who were impacted.
Call for help
Communication with authorities supports both emergency response and future documentation to determine liability. Contact the Coast Guard, local harbor patrol, or law enforcement using a marine radio or phone. Provide a clear explanation of your location, what happened, how many people are involved, and if anyone needs medical attention.
Secure the scene
If the vessel is still operable and it’s safe to do so, drop anchor to prevent drifting until the authorities arrive. Avoid tampering with debris, equipment, or any other items involved in the accident to allow for an accurate investigation.
Collecting Important Information
Start gathering evidence as soon as it’s safe. Documenting the incident while it’s still fresh makes it easier to support your version of events and challenge inaccurate claims.
Document the scene
Take photos and videos of damage, injuries, boat positions, and weather and water conditions. Write down or take a voice recording of your account, including information such as the direction the boat was moving, the actions of the crew and passengers, the time of day, and any other details.
Exchange Information
Get the names and numbers of passengers, crew members, and other witnesses. Request the vessel registration numbers and insurance policy details from all parties involved.
Reporting the Accident
State regulations typically require that boating accidents be reported to the relevant governing body. In California, boat owners and operators must report boat accidents to the California State Parks Division of Boating and Waterways (DWB) in case of significant property damage or harm to anyone involved.
You must report property damage over $500 or an involved person’s death more than 24 hours after the accident within 10 days. A missing person, injury requiring more than first aid, or death within 24 hours of an accident is subject to a 48-hour reporting deadline.
Failing to report an accident before this deadline may result in fines or imprisonment and can delay insurance claims. Notify your insurance provider as soon as possible. In your reports, provide comprehensive and accurate information. Consult with a lawyer during this process for help with navigating reporting, insurance, and liability.
Seeking Medical Attention
Get checked by a medical professional after a boating accident, regardless of whether you had an obvious injury or not. Some injuries, such as concussions, head trauma, or joint and spinal damage, may not show immediate symptoms. Prompt care is important for protecting your health. Delaying medical attention may allow injuries to become life-threatening or life-altering.
Medical records formally link your injuries to the accident and are often necessary to file an insurance claim or pursue compensation. Keep copies of all medical records, including doctors’ notes, prescriptions, treatment plans, and receipts.
Liability in Boating Accidents
Establishing liability in a boating accident depends on actions taken before or during the event. California law imposes a duty of care on boat operators and owners toward passengers and other parties. Negligent actions may involve:
- Distracted or inattentive driving.
- Lack of training or experience.
- Excessive speed or unsafe maneuvers.
- Operating under the influence of alcohol or drugs.
- Failure to monitor weather or changing water conditions.
- Mechanical failure due to poor maintenance or manufacturer defects.
- Overloaded or unbalanced vessels.
- Failure to follow navigation rules or local laws.
Who can be held liable?
In most cases, the vessel’s operator at the time of the accident holds primary responsibility. Boat operators have a duty of care to their passengers, which means providing a safe environment for them and adhering to boating rules. If the accident occurs as a result of the operator’s negligence, they may be responsible for harm resulting from the accident.
However, liability can also extend to:
- Boat owners: The boat’s owner may be held responsible if they failed to maintain the vessel or knowingly allowed unsafe use.
- Other boat operators: In accidents involving two or more boats, one boat operator may be responsible for damage to both vessels and passengers.
- Manufacturers: Defective parts that cause boating accidents may be a result of design or manufacturing flaws.
- Third parties: Rental companies, maintenance providers, dock operators, or other parties may contribute to hazardous situations.
Establishing liability requires demonstrating that the party owed a duty of care, such as providing life jackets or ensuring quality manufacturing. If they breach that duty and their actions cause the accident and resulting damages, that party may be liable. Your lawyer collects and analyzes evidence, such as photos, medical records, and expert opinions, to build a case that demonstrates these elements.
Contact The Law Offices of Jacob Emrani Today
The legal consequences of a boating accident can be complex and costly. With legal guidance from a personal injury attorney, you can minimize stress, protect your rights, and pursue fair compensation. At the Law Offices of Jacob Emrani, our team is ready to support you through insurance disputes, settlement negotiations, court proceedings, and more. Call (888) 912-7115 today to schedule your no-cost case evaluation!