Boat Accident Attorney in San Diego

Boat Accident Attorney San Diego

Contact our boat accident lawyer in San Diego, California, if you have experienced an injury caused by negligence. In San Diego, approximately 50 boating accidents occur every year resulting in 14 injuries and three fatalities. Although the number of boating accidents occurring in San Diego is small, you are still at risk if you own and operate a boat. In the United States, approximately 5,000 boating accidents take place each year resulting in about 3,000 injuries and 800 fatalities. Drownings compromise approximately 70 percent of all boating accidents.

Over $500,000,000 Won Over 25 years of experience

Boating is a way of life in Southern California, but it carries inherent and serious risks. While the beautiful Pacific Ocean, bays, and lakes offer enjoyment, they are also the sites of tragic accidents.

Annually, San Diego County experiences approximately 50 boating accidents, resulting in dozens of injuries and fatalities. The risk is real, and if your injury was caused by carelessness or recklessness, you have a right to seek full compensation.

Distinguishing Between Inland and Maritime Law

A boat accident claim is legally distinct from a standard car crash. The laws governing your case depend critically on where the accident occurred:

  • Inland Waterways (Lakes and Rivers): Accidents here are generally governed by Local and California State Regulations.
  • Ocean and Coastal Waters (including San Diego Bay): Accidents in these areas fall under complex Federal Maritime Law (Admiralty Law).

Maritime law is highly specialized and requires an attorney with specific experience. It does not matter if your injury was caused by a personal watercraft (PWC), a sailboat, a hovercraft, or a commercial vessel. All accidents caused by negligence on a waterway necessitate contacting our law firm right away.

FAQ's

How is a boat accident case different from a car accident case in San Diego?

A boat accident case is often significantly more complex because it may involve Federal Maritime Law (Admiralty Law), especially if the accident occurred on the ocean or in San Diego Bay. These laws are highly specialized. Conversely, accidents on inland lakes are governed by state and local laws. Our attorneys are skilled in navigating both state and federal jurisdictions, ensuring your claim is filed correctly under the appropriate legal framework.

What should I do immediately after a boat accident?

Your priority is safety and medical attention. Once stable, you should:

1) Report the accident to the Coast Guard or local authorities if required by law (e.g., if there is an injury, death, or $500+ in damages).

2) Document the scene with photos and videos (vessel damage, location, weather).

3) Do not speak to insurance adjusters or sign any releases.

4) Contact our boat accident attorney immediately to begin the investigation and protect your rights.

What types of damages can I recover in a boat accident lawsuit?

If negligence is proven, you can seek compensation for all losses related to your injury. This often includes:

  • Medical Expenses: Past, present, and future medical treatment, rehabilitation, and long-term care.

  • Lost Wages: Income lost due to your inability to work.

  • Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life.

  • Property Damage: Cost to repair or replace your damaged vessel or belongings.

How long do I have to file a boat accident claim?

The amount of time you have to file a lawsuit (the Statute of Limitations) can be surprisingly short and varies significantly depending on whether the case falls under State Law or Federal Maritime Law. For maritime claims, the timeframe is often shorter than standard personal injury claims. It is critical to contact an attorney right away, as delaying could cause you to miss the legal deadline and forfeit your right to compensation.

Common Causes of Preventable Boating Accidents

It often takes only one negligent mistake to cause a serious boating accident. Our firm investigates all factors to identify the responsible party, including:

Operator Negligence: 

  • Boating Under the Influence (BUI): Using drugs or drinking alcoholic beverages.
  • Reckless Operation: Speeding, operating in restricted areas, or improper lookout.
  • Inexperience: Operating a vessel without proper safety instruction or training.

Equipment & Maintenance: 

  • Faulty Equipment: Broken lights, steering failure, or defective engines.
  • Improper Maintenance: Maintenance issues with the boat that a prudent owner should have fixed.
  • Vessel Design: Manufacturing defects in the boat's design.

Environmental & Safety:

  • Overloading: Capsizing due to excessive weight.
  • Failure to Yield/Right-of-Way: Operator’s failure to notice approaching boats or follow maritime rules.
  • Lack of Navigation Tools: Failure to carry up-to-date paper or digital nautical charts.

Catastrophic Injuries Caused by Boating Accidents

Boating accidents often lead to severe injuries due to the nature of impact, water hazards, and the risk of drowning or exposure. We represent victims suffering from:

  • Traumatic Brain Injuries (TBIs): Often caused by a serious blow to the skull from a collision, a sudden stop, or a fall. A TBI can result in permanent short-term memory loss, cognitive deficits, and the need for extensive, lifelong medical treatments.

  • Spinal Cord Injuries (SCIs): A severe impact can lead to a serious spinal cord injury, potentially resulting in temporary or permanent paralysis.

  • Carbon Monoxide Poisoning: Caused by faulty equipment or improper ventilation on the vessel, leading to life-threatening internal damage.

  • Bone Fractures: Resulting from the force of impact, falls overboard, or being struck by boat components.

  • Hypothermia and Near-Drowning Injuries.

If you have incurred a TBI or SCI caused by a boating accident, contact our legal firm today. Our boat accident attorney can assist you in filing a claim against the negligent party to secure monetary compensation for your past and future medical bills, lost wages, and pain and suffering.

When to Report a Boating Accident to Authorities

Understanding your reporting obligations is critical to a successful claim. According to official regulations, you must report a boating accident immediately if it causes:

  1. A fatality or a missing person.

  2. An injury requiring medical treatment beyond first aid.

  3. Boat damage resulting in a loss of a vessel or at least $500 in damages (California requirement).

You must fill out the official California Boating Accident Report. This document needs to include the precise location, date/time, weather conditions, the type, and the cause of the accident. Bring a copy of this official report to your first consultation with Attorney Deon Goldschmidt.

When to Contact Our San Diego Boat Accident Lawyer

If you are suffering from an injury caused by a boating accident, contact our law firm immediately.

Do not rely solely on boating insurance to compensate you for your injury. An insurance claim does not cover the full scope of your legal rights. Insurance companies aim to minimize their payout; we aim to maximize yours.

  • Zero Upfront Cost: You are not billed for your initial consultation.

  • Contingency Fee Basis: You pay no legal fees for our representation unless we successfully win your case.

Our experienced attorneys are available 24/7 to discuss your case, ensure your legal rights are fully protected according to the law, and begin the investigation process right away.

If you are suffering from an injury caused by a boating accident, contact our boat accident lawyer in San Diego today. Do not rely on boating insurance to compensate you for your injury. An insurance claim does not cover the full scope entailing your legal rights. You are not billed for your initial consultation. Plus, you do not pay fees for legal representation unless you win your case.

Our San Diego Personal Injury Attorneys ensures that your legal rights are fully protected according to the law. Our attorneys are available 24/7. For a free consultation call our office: (619) 404-0488.

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