Mixing boating and alcohol can often lead to serious accidents like boat collisions or accidental drowning. If you’ve been harmed by a drunk boater, you may have the option to pursue a claim for compensation for your injuries. A San Luis Obispo boating accident lawyer can explain your legal options if you were harmed by someone’s violation of California’s BUI laws.
California BUI laws
California’s Harbors & Navigation Code 655 prohibits boating under the influence of alcohol. “Under the influence” is a Blood Alcohol Concentration (BAC) of .08 or higher. “Boating” under this statute refers to operating any kind of watercraft.
BUI laws apply to both pleasure and commercial craft, although the threshold to be considered “under the influence” for a commercial watercraft operator is a BAC of just 0.04, which can often be achieved after drinking just one drink.
BUI laws also cover criminal penalties for boating under the influence in California and causing an accident that injures another person.
Common causes of BUI accidents and resulting injuries
When someone has been drinking, they may have a slower response time or be unable to fully control the boat. Alcohol also lowers impulse control, so people may be more likely to engage in reckless boating.
Boat accidents can happen on any type of watercraft, like:
A collision caused by a drunk boat driver, crashing the boat into the dock, rocks, or other vessels
Slip-and-fall accidents if a boat passenger is intoxicated
Assault committed by drunk passengers against others
If you are involved in a boating accident, you may end up with one or more serious injuries, like:
Fractures and broken bones
Soft tissue injuries like strains and sprains
Abrasions, contusions, and lacerations
Concussions and traumatic brain injuries
Carbon monoxide poisoning
Facial or eye damage
Internal bleeding or internal organ damage
Back, neck, and spine injuries
Shock and hypothermia
Some people may not survive a boating accident, like drowning or electrocution. If you’ve lost a loved one in a California boating under the influence accident, contact a San Luis Obispo boating accident lawyer about filing a wrongful death suit against the drunk boater.
Implications of a BUI operator on your boat accident case
A boat operator who causes an accident because they were drinking can be held liable for that person’s injuries just as a drunk driver would be liable for injuries they cause on the road.
Personal injury cases rest on proving negligence, which means that the defendant had a duty of care for your safety, breached that duty of care, and then caused an accident that injured you, the plaintiff. When someone is drinking and boating, it can be argued that these are negligent actions and the drunk boater owes you full and fair funds for:
Medical bills
Lost wages from time missed at work because of your injury
Pain and suffering
Property damage
Diminished quality of life if your injuries prevent you from working or enjoying activities you once did
How your attorney proves BUI in your accident case
Proving that the party who caused your accident was drunk at the time can be tricky. After an accident, it can take much longer for help (and law enforcement from California’s Division of Boating and Waterways) to arrive. By the time someone arrives to test the BAC of the at-fault party, their blood alcohol content may have dropped below the legal limit.
Your attorney may need to rely on testimony from the boat driver’s passengers or others who saw them drinking excessively. Without a BAC test indicating that the operator was intoxicated, it’s hard to prove drunk boating. This is why it’s critical to work with an attorney experienced in handling these challenging cases.
Comparative negligence in California boating accident cases
Comparative negligence (fault) is an argument used in personal injury claims. The defense argues that the victim’s actions contributed to the accident, so the victim is partly responsible for their injuries.
California is a pure comparative negligence state, though, which means that even if the victim shared up to 99% of the blame for the accident, they can still collect damages (although the amount of their award is reduced).
Legal options and resources for BUI accident victims in California
A boat accident injury lawyer advises you of your legal options after the accident. Save your medical records as proof of the injuries you sustained from the accident. Keep a pain journal, too, detailing your injuries’ effects on your ability to work and care for yourself.
Responsible boating saves lives
Just like you’d designate a driver in a car for a night out drinking, so should boaters designate a non-drinker to operate the boat. An agreement beforehand to drink responsibly can help reduce the chances of a dangerous BUI accident.
Do you need help after a BUI accident?
If you’ve been harmed in a California boating under the influence accident with an intoxicated driver, call Ernst Law Group today at (805) 541-0300 for a free consultation.
Boating season is here. It doesn’t matter if you are a novice to the water or have years of experience when it comes to safety. Knowing how to keep yourself, your passengers and others on the water safe is important.
If you have hours of experience behind the controls, think of this article as a refresher. If you’re new to the sport, or hobby, use the article as a guideline when it comes to boat safety.
1. Pay Attention to the Weather
Keep an eye on the weather as you approach the day of your outing. Take the time to check the weather report again before you head out. While news reporters are a great source of information, don’t fail to trust what you see and feel.
If the forecasters are calling for a clear day but you see ominous clouds building, chances are it’s safer to stay off the water until the skies clear.
2. Common Sense Is Your Ally
Use your common sense when operating a vessel of any type. Stay alert, avoid steering your boat into other watercraft, stay sober and be respectful of objects in the water. Some of the worst accidents occur because of recklessness and a general disregard for safety.
3. Have a Plan
Someone should always know what you plan on doing. A float plan can be given to someone at the local marina or a trusted family member. A basic float plan will include your name and address, the names and contact information for all passengers, your trip itinerary and the types of communication devices that are located on the vessel.
4. Use Life Jackets
Most people who are killed in boating accidents were not wearing personal flotation devices, a.k.a. life jackets. You should have one for yourself and each passenger on board your boat. Stow some extras away just in case you have more passengers than you had planned on.
5. Take a Course
A boating course is just as important as having gone through driver’s education before you got behind the wheel of a car. The state you live in may dictate that you take such a course or it may not; California does not require it. Either way, take one because it is the safe thing to do, not because it may or may not be the law.
6. Contact the Coast Guard
Many people don’t know that the US Coast Guard offers a free safety check for boaters. They will come aboard to conduct a complimentary evaluation. Once the inspection is complete, they will offer you solutions and tips to help ensure your safety.
Boating is a great way to enjoy a warm day. Getting out on the water is not only entertaining, but relaxing If you want to enjoy your time on the water without fearing for your safety, follow the tips above and find others.
Speak to a San Luis Obispo Boat Accident Attorney Today
If you do happen to be involved in a boat accident in San Luis Obispo, reach out to our experienced team of personal injury attorneys. We will review the details of your accident and advise you of your legal rights and options. Call our office today to schedule a free case evaluation.
A boating accident can involve any type of watercraft. A person may be involved in an accident while waterskiing, wakeboarding or even tubing. Two boats may collide in the water. As the popularity of boating rises, these accidents are all too common. The incidents raise the question: who is liable for the injuries and property damage that result? Boating accidents typically occur because someone is not paying close enough attention or operating their watercraft in a way that could be considered reckless or dangerous. It is important to remember that a boat can weigh several thousand pounds, and it has enough force behind it to cause catastrophic damage. Boats should be operated with the same care on the water as a motor vehicle is on the road.
Common Causes of Boating Accidents
Inattention
Operator inattention is one of the largest causes of boating accidents in California and elsewhere. It is important for any operator of a boat to remain vigilant at all times. Conditions on the water can be unpredictable. When an operator stays aware, they are alerted to hazards and changes in conditions more quickly.
Inexperience
A person should never operate a boat with which they are unfamiliar. Likewise, a person should not operate a boat without first taking safety classes. According to the U.S. Coast Guard, inexperience is one of the leading causes of accidents on the water. At a minimum, a person should be aware of the basics of their watercraft and navigation.
Speed
Just like driving on the road, operating a boat on the water must be done at reasonable speeds for the present conditions. Traveling at excessive speeds reduces that ability and time that a person has to react to dangers.
Drunk “Driving”
Drinking and boating is illegal. When a person is found to be operating their boat while under the influence of alcohol, they can be arrested. Not only does a person risk criminal charges, but they put everyone on their vessel and in the water in danger.
Violating Navigational Rules
There are rules that dictate how a person operates a boat, just as their are rules that dictate how a person must operate their vehicle on the road. When a person violates these rules, they risk causing an accident that results in injury and property damage. When a person is found to have operated their vessel in a way that was unsafe or illegal, they can be held liable for any accidents they cause. A person found to have been negligent can be required to pay compensation for the medical bills and lost wages of any injured person. When you are involved in a boating accident, you have legal rights. If your accident has taken place in the waters of San Luis Obispo or the surrounding area, reach out to our team of experienced boating accident attorneys. We are here to assist you in any way we can. Call today to schedule your appointment for a free case evaluation.
