In 2022, there were 387 boating accidents in California, according to the U.S. Coast Guard. If you’ve been involved in a boating accident, you know how horrific they can be.
Boating accidents are almost always preventable. If you were injured or lost a loved one in an Alameda boating accident due to someone else’s negligence, you have the right to pursue compensation for the harm you’ve suffered, and Berg Injury Lawyers can help.
We have a proven track record of successfully securing payment for our clients. At Berg Injury Lawyers, if you don’t win, you pay nothing. There’s also no cost or obligation to hire simply to speak to one of our lawyers. We call that our No Fee Guarantee®.
Contact us today for a free consultation with our team.
Damages Victims Can Seek After a Boat Accident
If you or a loved one has been injured in a boat accident, you may be entitled to various forms of compensation. Understanding the types of damages you can seek is crucial in ensuring you receive the full amount you deserve to cover your losses and aid in your recovery. Below are some of the most common types of damages victims can pursue:
Medical Expenses
- Current Medical Bills: Compensation for all immediate medical costs related to the accident, including hospital stays, surgeries, medications, and other treatments.
- Future Medical Costs: If your injuries require long-term care or future medical procedures, you can seek compensation for these anticipated expenses as well.
- Physical Therapy: Costs for ongoing physical therapy sessions to help you recover from your injuries.
- Psychological Therapy: Expenses for counseling or therapy to address any emotional and mental health issues resulting from the accident.
Lost Wages
- Current Lost Income: If your injuries have caused you to miss work, you can claim compensation for the income you have lost during your recovery period.
- Loss of Earning Capacity: If your injuries affect your ability to work in the future or force you to take a lower-paying job, you may be entitled to compensation for the reduction in your earning capacity.
Pain and Suffering
- Physical Pain: Compensation for the physical pain and discomfort you have experienced as a result of your injuries.
- Emotional Distress: Damages for psychological effects such as anxiety, depression, and trauma that stem from the accident and your injuries.
Property Damage
- Boat Repairs or Replacement: If your boat or personal property was damaged in the accident, you can seek compensation for repair costs or replacement value.
Disability and Disfigurement
- Permanent Disability: Compensation if the accident has resulted in a permanent disability that affects your quality of life and ability to work.
- Disfigurement: Damages for any permanent scarring or disfigurement caused by the accident.
Loss of Consortium
- Impact on Relationships: Compensation for the negative impact the accident and your injuries have had on your relationship with your spouse or family members.
Punitive Damages
- Gross Negligence or Intentional Harm: In cases where the responsible party’s actions were particularly reckless or intentional, punitive damages may be awarded, if the case goes to trial, to punish the wrongdoer and deter similar conduct in the future.
Each case is unique, and the specific damages available to you will depend on the details of your accident and injuries. Consulting with an experienced personal injury attorney can help you understand your rights and ensure you pursue all the compensation you deserve.
At Berg Injury Lawyers, we are committed to helping boat accident victims navigate the legal process and achieve the best possible outcome for their cases. Contact us today for a free consultation.
Common Causes of Boat Accidents
Boat accidents can be caused by many factors. According to the U.S. Coast Guard, the primary causes of boat accidents stem from issues with a boat’s operation, loading, and equipment.
Here’s a breakdown of the most common causes of boat accidents.
Operation of Vessel
- Drug or Alcohol Use: Operating a boat under the influence of drugs or alcohol significantly impairs judgment and reaction times, leading to a high risk of accidents.
- Excessive Speed: Speeding on the water can lead to loss of control and collisions with other vessels or partially submerged objects, especially in crowded or hazardous conditions.
- Failure to Vent: Proper ventilation of the boat’s engine and fuel compartments is crucial to prevent dangerous buildups of fumes that could lead to explosions.
- Improper Lookout: Failing to maintain a proper lookout for other vessels, obstacles, or changing water conditions can result in collisions.
- Inadequate Onboard Navigation Lights: Without proper lighting, boats are less visible to others, especially at night, increasing the risk of accidents.
- Navigation Rules Violation: Not adhering to established navigation rules can lead to conflicts and collisions with other vessels.
- Operator Inattention: Distractions or lapses in attention can cause operators to miss important changes in their surroundings.
- Operator Inexperience: Inexperienced boat operators may lack the skills and knowledge needed to navigate waterways safely, leading to a higher likelihood of accidents.
- Restricted Vision: Poor visibility due to weather, darkness, or obstructions can make it difficult to navigate safely.
- Sharp Turns: Making abrupt or sharp turns can cause loss of control, potentially leading to capsizing or collisions.
- Starting in Gear: Starting the engine while the boat is in gear can cause sudden, unexpected movements that may lead to accidents.
Loading of Passengers or Cargo
- Improper Anchoring: Incorrect anchoring techniques can cause boats to drift into hazardous areas or other vessels.
- Improper Loading: Uneven or excessive loading of passengers or cargo can destabilize a boat, making it more prone to capsizing.
- Overloading: Exceeding the boat’s capacity in passengers or cargo can compromise its stability and buoyancy.
- People on Gunwale, Bow, or Transom: Allowing passengers to sit or stand in unsafe areas can shift the boat’s center of gravity, increasing the risk of capsizing or falling overboard.
Failure of Boat Construction or Equipment
- Equipment Failure: Malfunctions in critical equipment such as engines, steering, or electrical systems can lead to loss of control or navigation.
- Hull Failure: Structural failures in the boat’s hull can lead to leaks or sinking.
- Machinery Failure: Engine or mechanical issues can leave a boat stranded or without power, increasing the risk of collisions or grounding.
Most of these causes, even those involving equipment defects, are due to negligence. The liable parties might include boat operators, passengers, or boat and boat equipment manufacturers.
Steps to Take After a Boat Accident in Alameda
If you find yourself involved in a boat accident in Alameda, there are important steps to take to protect your rights and well-being. These steps include:
1. Seek Medical Attention: Your health and safety should always be the priority. Even if there are no obvious injuries, seek a medical evaluation to identify any potential underlying issues.
2. Report the Accident: Report the incident to the appropriate authorities for documentation and legal purposes. This could be the local Coast Guard station or the Alameda County Sheriff’s Office Marine Patrol.
3. Document the Scene: Collect as much evidence as possible to support your potential personal injury claim. This includes taking photos or videos of the accident scene and collecting witness contact information.
Consulting with an experienced Alameda boat accident injury attorney can make a big difference in the outcome of your case. They can guide you through the legal process and ensure your rights are protected.
Contact Our Alameda Boat Accident Lawyers Today
Our team of attorneys at Berg Injury Lawyers specializes in personal injury cases, including boat accidents. Contact us for a free consultation and let us help you navigate the complexities of your boat accident claim.
