Don't Let a Boating Accident Sink Your Summer Fun
When the summer unofficially kicks off this Memorial Day, boaters will flock to San Diego's many waterways. While spending time on the lake or the ocean is a popular recreational activity, it can also be dangerous.
California has one of the highest rates of boating accidents in the country. According to the California State Parks Division of Boating and Waterways, there were 531 reported accidents last year, resulting in 272 injuries and 38 fatalities.
When the summer unofficially kicks off this Memorial Day, boaters will flock to San Diego's many waterways. While spending time on the lake or the ocean is a popular recreational activity, it can also be dangerous.
California has one of the highest rates of boating accidents in the country. According to the California State Parks Division of Boating and Waterways, there were 531 reported accidents last year, resulting in 272 injuries and 38 fatalities.
Primary Causes of Boating Accidents
The majority of all accidents occur between the months of May through August, when waterways are most crowded. Some of the most common causes of boating accidents include:
* Alcohol or drug impairment
* Excessive speed
* Operator inexperience
* Failure to keep a proper lookout
* Reckless operation
* Exceeding vessel capacity
* Hazardous waters or inclement weather conditions
* Machinery or equipment failure
The Dangers of Alcohol and Boating
Studies show that alcohol plays a role in approximately 25 percent of all motorboat-related deaths. Just like a motor vehicle, it is illegal to operate a vessel while under the influence of alcohol or drugs. The blood alcohol limit for boat operators is the same as that for drivers - 0.08 percent. However, studies show that even one or two drinks can interfere with a boater's judgment and coordination.
Types of Boating Accidents
Collisions with other recreational vessels are the most common type of boating accident, accounting for 183 of the 531 California boating accidents in 2014. As in a car crash, victims can sustain broken bones, traumatic brain injuries, and other trauma. However, boat accidents are even more dangerous because victims thrown from the vessel also face the risk of drowning, particularly when not wearing a personal flotation device (lifejacket).
In many accidents, boaters failed to follow California's boating regulations. Just like on the road, there are rules for operating at a safe speed and yielding the right of way. For example, when there is no posted speed limit, operators must travel at a speed that allows them to take proper and effective action to avoid a collision. Boaters must also have certain safety equipment on board, such as life jackets and navigation lights.
Liability for Boating Accidents
If you have been involved in a boating accident, it is important to know what to do. Like a car crash, the first step should be to render aid to anyone who may be injured. If you believe that another boater was at-fault for the crash, it is also important to collect as much evidence as possible while you are still at the scene, including the operator's name, address, and boat registration number, as well as the contact information for any witnesses. If you have a cell phone or camera with you, it is also helpful to photograph the accident scene and any property damage or injuries you sustained.
Boat operators are legally required to file an accident report with the Department of Boating and Waterways when: (1) a person dies, disappears, or is injured and requires medical treatment beyond first aid, or (2) the total property damage exceeds $500, or there is complete loss of a vessel.
Most boating accidents are preventable. When someone else's carelessness is to blame for an accident on the water, victims are entitled to compensation for their injuries. Damages may include medical expenses, loss of wages, and pain and suffering. Family members of a loved one killed in a boating accident may also pursue a wrongful death suit to recover compensation for their losses.
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Top Tips for Safe Boating
 Whether kayaking, sailing, or cruising around the bay, it is important to know how to stay safe and avoid a potentially deadly boating accident. The following safety tips could save your life or the life of someone you love:
Wear a personal flotation device (PFD): Always wear a PFD and require your passengers to do the same. Drowning is the leading cause of fatal boating accidents.
Obey the "rules of the road": Operators must obey posted speed limits, navigational buoys, and other rules.
Use common sense: Always check the weather before leaving the dock and notify someone of your plans, including where you are headed and what time you expect to return.
Avoid distractions: Safe boating requires the operator to maintain a proper lookout at all times. Always keep an eye out for swimmers, divers, and other vessels, particularly in crowded areas.
Take a boater education course: Inexperience is one of the most common causes of boating accidents. Learning basic safety rules and procedures can help you prepare for situations you may encounter on the water.
Wear an engine shut-off switch at all times: The safety lanyard attaches from the boat operator to the ignition and shuts down the engine if disconnected. The device is intended to prevent an operator who has fallen overboard from being injured by the moving propeller of a runaway boat.
Designate a sober operator: Boating under the influence is just as dangerous as drinking and driving. It is also illegal!
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About Our Firm
The Law Offices of Robert Vaage utilizes the latest in research and trial presentation technology. Mr. Vaage has tried numerous cases before judges, juries, and arbitration panels. The firm has never lost a Kaiser Arbitration. Although small, the staff brings over 85 years of combined experience to every case. Mr. Vaage and his staff are uncompromising about maintaining excellence in all of their work and in communicating with their clients. To read more about the Law Offices of Robert Vaage, please visit our website here. Our Practice Areas Include:
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