Boating is a popular activity in Fresno and across the Central Valley, with multiple lakes and rivers throughout the county that the whole family can enjoy. Imagine taking your family on a boat in Bass Lake on a hot summer day for an ideal family activity. But just as one least expects it, an accident creates a frightening and potentially devastating situation.
If you find yourself in a boating accident that resulted in injuries because of a negligent party, the best thing to do is contact a boating accident attorney as soon as possible. Once your case is reviewed, you may find that you are entitled to compensation and can begin the process of holding those liable accountable for your injuries.
At Singh Ahluwalia Attorneys at Law, our Fresno boating accident attorneys have years of combined experience finding compensation for those involved in an accident. We will provide you with a free, confidential, and no-obligation case review to discuss your strategies available for seeking compensation. When you are ready for someone to listen, we are here. Call (559) 878-4958 or Contact us online to schedule your appointment today.
How a Fresno Boating Accident Attorney Can Help
Hiring a boating accident attorney can help you identify negligent parties responsible for the accident you or a loved one endured. A boating accident lawyer is responsible for helping you find compensation for the following:
- Medical costs due to injuries related to the event of the accident
- Future medical costs and treatments because of injuries acquired during the accident
- Loss of wages because of time taken off work due to pain or medical needs
- Pain and suffering involving both physical and emotional suffering
- Punitive damages, where there is extreme negligence and reckless behavior
A boating accident attorney will provide clients with comprehensive case management from start to finish, accompanied by a vigorous investigation and legal research to determine all liable parties. Once an investigation is completed, your attorney will calculate damages and provide sound legal counsel, fearless representation, and negotiation.
Fresno Boat Accident Lawyer Understands Boating Laws
Under federal maritime law, boating accident claimants have three years to file a claim. However, California law provides only two years for personal injury claims. The location of your accident and other details can affect the limit you face to file your claim. Injured parties should speak to an attorney as soon as possible to analyze their case and determine what kind of compensation can be potentially awarded.
Your boating accident lawyer will provide the following services while working on your case:
- Provide legal representation and resources
- Provide legal guidance and strategy
- Calculate medical costs for injuries related to the event of the accident
- Calculate future medical costs and treatments
- Calculate loss of wages because of time taken off work due to pain or medical needs
- Pain and suffering, involving both physical and emotional suffering
- Punitive damages, where there is extreme negligence and reckless behavior
- Provide client care and counsel throughout your case
Liable Parties Try To Blame Victims
Being in a boating accident is an unexpected and potentially terrifying situation. Speaking to an attorney as soon as possible is important to protect your rights and understand your legal options. It is not impossible to find a case where another party is attempting to pin the responsibility of an accident on another person even though they are liable for the incident. Having an expert boat accident lawyer on your side can help you ensure you are not blamed for an accident you did not cause.
Common Forms of Negligence Fresno Boating Accident Attorneys See
The State of California’s Natural Resources Agency released a study in 2016 that detailed boating accident statistics in all of their state parks. This study showed that while there was an overall decrease in boating accidents and injuries, the number of fatalities remained relatively consistent.
In 2016, there were 129 boating accidents tied to the northern lakes alone — including those in Fresno — indicating an increase of accidents from 2015 at 105 incidents. These 129 boating accidents accounted for 23 fatalities in California state parks.
The US Coast Guard released a national study in 2020 that showed a spike in increased boating accidents. The leading cause of accidents was distracted piloting, machinery failures, and hazardous weather conditions. Nationally, the United States faced 5,265 accidents, 3,191 cases with injuries, and 767 deaths. During the pandemic, many families were stuck indoors, so it is believed that the consequences of the pandemic led to increased boating activities and accidents. With many stuck indoors, it is not surprising that families invested in outdoor activities after the world faced a global shutdown.
While boating accidents are less-frequent than car accidents, boaters take their boats out less often than they would take their car. What would start as a day to spend with family can quickly become a nightmare. Boating accidents are terrifying and can cause serious injuries, including death.
Some common negligent causes of boating accidents include the following:
- Speeding — Speeding in a boat is as serious as speeding in a car. In addition, speeding does not allow enough time to respond if there is a hazard in the way. This can also become deadly if the water is shared with swimmers or wildlife.
- Distracted operations — We live in a world where cell phones are in our possession throughout the day. Texting and “driving” applies to boat operators, too. But setting technology aside, there are other ways to become distracted while operating a boat. Think of handling children, eating or drinking, or even turning momentarily to look at something can lead to an accident.
- Drug and Alcohol Use — Just like when driving a car, operating a boat while impaired can lead to catastrophic results. Being out on a boat on a hot and sunny day is ideal, but just as the weather is perfect for boating, it is also perfect for an ice-cold beer. It is not uncommon for a boat operator to share a few drinks with their passengers to help them relax and unwind. However, operating the boat under the influence can impair judgment and slow reaction times and, therefore, cause an accident.
- Stormy Weather — Poor weather is a common cause of boating accidents. Boaters should know that weather can turn for the worse quickly and be constantly observing their surroundings. Being out in open water in a storm can lead to potentially fatal accidents.
- Inexperienced Boat Operator — Learning how to operate a boat is not as simple as learning how to drive a car. However, many believe it is, and they attempt to navigate dangerous waters with limited experience. Inexperienced boat operators do not know how to navigate strong currents or bad weather. Especially in cases with additional passengers, this can result in catastrophic results.
- Mechanical Issues and Failures — Like maintaining a car, a boat also requires routine maintenance. Still, many forget as boating is not an activity that can be performed year-round. So, regular boat maintenance is needed to keep it operating properly and safely, and operators should have tools and basic knowledge to address simple issues while on the water.
Reach out to a Boating Accident Lawyer When You Are Injured
In a boating accident, it is important to immediately call for help and get to safety as soon as possible. Secondly, get medical help once it arrives, and if possible, document what happened. Passengers and operators of a boat should have access to a life jacket in cases of emergency.
Working with an experienced boating accident lawyer can help you seek the compensation you deserve to cover your medical expenses, loss of wages, and more. Unfortunately, a boating accident can happen before one realizes it, and it requires boaters and their families to be proactive to find the help they need to receive compensation.
Common injuries caused by boating accidents can affect anyone of any age, and they include:
- Traumatic Brain Injuries (TBIs) — A traumatic brain injury victim must see a doctor immediately. Medical professionals will perform an evaluation that will help determine the severity of your injury. While symptoms can appear mild, it is impossible to identify traumatic brain injuries without the consultation of a medical professional. TBIs occur when a sudden jolt or blow to the head creates a sudden movement that causes the brain to bounce from the skull. The brain bouncing from the skull leads to brain tissue damage and chemical changes in the brain.
- Spinal Cord Injuries — Spinal cord injuries can lead to fractures, paralysis, and other medical complications. Spinal cord injuries are among the most severe potential injuries you can face during a boating accident. Victims can battle chronic pain, hernias, nerve damage, and other injuries. The pain can present itself up to months after the accident occurs.
- Concussions — A concussion is a severe head injury that carries serious effects. Concussions result from a bump or blow to the head, causing the brain to move rapidly back and forth inside the skull. The movement itself can cause a bounce within the skill that can damage brain cells and cause changes to the chemical balance within the brain. A concussion is a common type of TBI.
- Broken Bones and Fractures — Human bones carry some form of flexibility, but when too much force is applied, it can cause a fracture or a complete break. Broken bones are common in boating accidents, as it is possible for the vehicle to fully or partially pin the victim if it were to flip over. Victims may also be ejected from the boat and into fixed objects, such as trees, signage, other watercraft, and submerged objects.
- Burns or Lacerations — Burns and lacerations are among the most common boating injuries. These are caused by making contact hot surfaces, like the engine or exhaust, or pieces of broken plastic or metal that can become a shard that penetrates the skin.
- Anoxic Brain Injuries — When someone is trapped underwater, they can experience a lack of oxygen long enough to create irreversible brain injuries and brain cell death. Anoxic brain injuries are permanent and negatively affect an injured party’s lifestyle. Unfortunately, limited kinds of treatment are available for this kind of injury.
- Other Internal Injuries — Ruptures and tears can cause internal bleeding and damage other internal organs. These injuries are not immediate and can appear weeks after a boating accident.
Regardless of the kind of injuries one faces during a boating accident, it is essential to seek medical attention as soon as possible and contact your legal team if a negligent party is involved.
Boating Safety Tips from Singh Ahluwalia Law Firm
Accidents happen, but the passengers and operator are responsible for respecting laws and taking precautions while on the water. Here are some safety tips that boaters should follow:
- Do not drink alcohol if you are going to operate a boat — it is illegal. It can lead to dangerous and even deadly situations.
- Have every boat occupant wear a lifejacket, especially if boating with children onboard.
- Be attentive while operating the boat, including knowing your surroundings and reading any posted signs indicating speed limit changes.
- Follow all State and Federal boating laws and know what they are.
- Carry fire extinguishers, flares, boat lights, and extra lifejackets onboard.
- Make sure to account for everyone on the boat before starting the engine. This can prevent propeller accidents.
- Have a first aid kit. It is a good practice to have something to address injuries before getting professional medical help.
- Have an emergency plan. If something were to go wrong, what would happen?
Who Carries Liability After a Boating Accident?
The person assigned liability for your injury costs and other damages depends on the nature of your accident. Some of the most commonly named parties in boating accident injury claims include:
- Boat operators — Passengers have the right to hold boat operators liable when they negligently cause an accident that leads to injury.
- Operators of other watercraft — Maneuvering a boat safely is already difficult, but when others are behaving negligently on the water, they can cause accidents that lead to serious injury.
- Boat rentals or boating tour companies — Commercial operators of boat rentals, boat tours, chartered boats, and other service providers can be held liable when their negligence directly leads to harm.
- Defective boat manufacturers — If a boating accident occurs because of a boat’s design or manufacturing defect, then the manufacturer can be held liable for any resulting damages.
- Maintenance companies and dock operators — If a dangerous defect that causes a boating accident was created by another third-party’s negligence while providing services, they can be considered liable in part or in full for damages.
Singh Ahluwalia Law Firm: Your Fresno Boat Accident Attorney
Singh Ahluwalia Law Firm knows you deserve someone who will fight for your legal rights and provide you with the attention and compassion you deserve. We feel for every injured client and do everything we can to make your experience as positive as possible from start to finish. Reach out to our experienced Fresno personal injury attorneys and know that someone is there to care about what happens to you.
The attorneys at Singh Ahluwalia Attorneys at Law know how to investigate accidents, review evidence, and build strong legal cases to assert others’ liability on behalf of our clients. As a result, we have helped many boating accident victims get full financial compensation for their losses.
At Singh Ahluwalia Law Firm, our boating accident lawyers have years of combined experience fighting and finding justice to get the compensation you deserve. Call (559) 878-4958 or Contact us online today for a free, no-obligation consultation over the phone or in person at our local office. We are here to help.
