Many people in California enjoy boating on the Colorado River, the Pacific Ocean, and many other streams, rivers, and lakes. Boating is enjoyable and relaxing but can also be a risky activity. Victims of boating accidents can sustain a wide range of potential injuries that can even be fatal. A boating accident is any incident in which a watercraft crashes into an underwater obstruction or another vessel, experiences a fire onboard, or capsizes. Understanding how boating accidents occur and the motor vehicle accident statutes that cover these incidents is essential. If you or someone close to you is involved in a boating accident, contact an experienced personal injury attorney. An attorney will analyze your case, identify the liable parties, and help you file a compensation claim.

What is a No-Wake Zone?

A no-wake zone is an area where a boat or personal watercraft should travel at a slow speed to prevent the creation of a wake or swell. In a no-wake zone, boats must maintain the slowest speed, which only allows them to maintain steerage.

No-wake zones are mainly located in narrow or crowded places like harbors or channels. Boaters who fail to maintain low speeds in these zones can be held liable for accidents and injuries caused by a wake. Most accidents in no-wake zones occur due to boaters' negligence.

The Most Common Causes of Boating Accidents In No-Wake Zones

The following are some of the common causes of boating accidents in no-wake zones:

Waves And Wakes

Most waterways that permit boating have "no-wake zones," which restrict boaters from operating their watercraft at speeds that produce wakes. The boat could create a wake or wave as it moves over the water, and both natural waves and wakes could cause boating accidents under certain conditions.

Bad Weather

During inclement weather, it is vital to avoid boating. Storm conditions can cause a serious boating accident.

Violating Navigational Rules

There are navigational signs and signals on every waterway that permit boating. These signs and signals provide clear instructions to boat operators, who can avoid accidents if they acknowledge these navigational rules and always abide by them.

Mechanical Failures

Boats require regular maintenance because they are complicated machines. When a boat experiences a mechanical failure, a fire can break out onboard, causing severe hazards for the passengers. Additionally, the boat manufacturer can be held liable for the accident under applicable product liability if the boat was defective in any way.

Boating Under The Influence of Drugs or Alcohol

It is unlawful to operate a boat while intoxicated in California and every other state of the United States. A boat operator who causes an accident because of operating their vessel under the influence of drugs or alcohol can face criminal charges and civil liability for victims' damages.

Excessive Speed

Speeding is always risky for boats, as it is for motor vehicles on the road. A boat operator might be unable to evade hazards or collisions with other vessels if he/she pilots a boat too fast.

Improper Loading Of The Boat

Sometimes, a boat operator allows too many passengers to board a watercraft. If the boat is overloaded, it will not move through water easily. Watercraft have a maximum weight-carrying capacity, and it could sink if it is overloaded.

Boat Operator Inexperience

Boating demands extensive experience. A boat operator might not be able to operate a boat if he/she is too inexperienced to handle the current water conditions.

Improper Lookout

The lookout's job is to remain alert for dangers the boat operator could miss. The lookout can incur liability for a resulting boating accident if he/she does not do their job as required.

Boating Operator Inattention

All boat operators are required to be cautious and vigilant when operating their watercraft. Even a few seconds of distraction can cause a serious boating accident, and the boat operator and their passengers can suffer severe injuries.

Every boat operator has a duty of care to operate a boat safely. The operator must comply with all posted navigational guidelines for the waterway and ensure their boat contains all required safety equipment:

  • Emergency communication devices.
  • Fire extinguishers.
  • Life jackets, and
  • Life preservers.

Common Boating Injuries In No-Wake Zones

You can suffer many injuries on a boat, given the many potential dangers and risks in no-wake zones. Some of the injuries can include:

Hypothermia

Hypothermia is a reduced body temperature. The average human body temperature is usually 98.6 degrees. Anything below 95 degrees is hypothermia. Hypothermia is caused by exposure to cold weather and air and drowning in cold water. The time it takes to reach a state of hypothermia varies depending on the air or water temperature you are exposed to. The following are the characteristics of mild hypothermia:

  • Confusion.
  • Elevated heart rate.
  • Dizziness.
  • Hunger.
  • Difficulty speaking.
  • Fatigue.
  • Rapid breathing, and
  • Shivering.

Severe to moderate hypothermia, with a body temperature of 94 degrees or less, will cause shivering to stop. The following are symptoms of severe to moderate hypothermia:

  • Loss of consciousness.
  • Weak pulse.
  • Shallow breathing.
  • Drowsiness.
  • Confusion, and
  • Slurred speech.

Hypothermia can be severe and even fatal or cause other complications if not treated. These could include frostbite, where the body tissues freeze. You could die or suffer tissue decay or gangrene if frostbite is not treated. If this happens, it can lead to an amputation.

Elevating your body temperature is the first aid for hypothermia. This can be done by:

  • Using warm beverages, blankets, and warm compresses.
  • Removing wet clothing.
  • Using covering and heat sources to warm the body.
  • Moving to a warm place.

The medical procedures that could be used to treat hypothermia include:

  • Recirculating blood through the body.
  • Blood rewarming, withdrawing, and warming.

The airways can be rewarmed using oxygen, while the body can be warmed by injecting warm intravenous fluids.

Lost Limbs and Amputation

You could suffer lost limbs and amputation in a boat accident if you are involved in a severe boating accident. Severe boating accidents can occur because of negligence. A boat should be maintained regularly to work well; boaters must check for failing or damaged parts. The boat operator or the manufacturer could be guilty of negligence if you lose a limb in a boating accident. Faulty navigation, an intoxicated operator, or improper weather reading are other possible causes of negligence in a lost limb case.

You will require surgery to treat a lost limb or to amputate a limb that has been damaged beyond repair. You could still require treatment once you have had the surgery. This usually includes:

  • Pain management with medications and other therapies.
  • Physical therapy.
  • Fitting for a prosthetic.
  • Wound care until the site fully recovered.
  • Antibiotics to treat or prevent infection.

If you have lost a limb, you might also experience phantom limb sensation, which is the feeling that the limb is still present. This can be painful, and exercising the area of amputation is often the treatment to relieve it. Other treatments include applying heat to the site, consuming vitamin supplements, and undergoing massage therapy.

Severe Burns

You can suffer burns in a boat accident. These are the most common and severe injuries. Burns can range from severe to minor and could cause disability, disfigurement, and long-lasting symptoms. Sometimes, burn injuries can be fatal. There are many ways in which you can suffer burns in a boat accident, including:

  • Burns by hot liquids or chemicals stored in the boat or by electrical equipment.
  • Heat-generating components on the boat, like a turbine or engine, can cause severe burns by ejecting steam or if you touch on them or fall into them.
  • Fires can burn people on boats. They can start from equipment malfunction, fuel leaks, gallery fires, or faulty electrical wiring.

Burns can be categorized by severity as follows:

  • First-degree burns —These are mild burns but can still be damaging. They can damage the outer layer of your skin only. Symptoms include pain, swelling, and red skin.
  • Second-degree burns — These burns cause damage to the outer layer of your skin and the underneath layer. You could experience symptoms including pain, swelling, splotchy skin, and red skin. You can also develop blisters.
  • Third-degree burns — These are the most severe burns. They can damage the deepest layers of your skin and the tissue underneath the skin. Some symptoms you could experience include numbness if nerves have been burned and a leathery or waxy appearance on the skin. You can also experience charred blackness or white areas.

The first aid for minor burns can include cooling the area of the skin by running it under cool but not cold water. Burns beyond first aid can be treated by:

  • Antibiotics to combat infection.
  • Burn ointments.
  • Wound dressings.
  • Cooling the burn with mist, and
  • Administering fluids.

Crush Injuries

You can sustain crush injuries if pressure is applied on your body sufficiently to cause physical damage. A boat crush injury can occur when caught between two heavy objects. The damage could be as severe as broken, splintered bones or collapsed or punctured lungs. It could also be as minor as a bruise.

Crush injuries can occur on feet or legs. The next most common type of crush injuries occur at the upper extremity, followed by a crushed torso. Tissue damage is the apparent result of a crush injury. However, a crush accident can also cause damaged organs, injured nerves, broken bones, cuts and tears, and skin damage.

Crushes should be taken seriously and require emergency medical care. The first aid that should be provided includes:

  • Stabilizing the spine if any damage has occurred on the head or neck.
  • Elevating that area of the body above the heart, if possible.
  • Covering the crushed area with a bandage.
  • Stopping any bleeding by applying pressure.

Other common boating accident injuries can include:

  • Heat injuries.
  • Head, neck, or spine injuries.
  • Electrical shocks.
  • Lacerations.
  • Sprains and strains, and
  • Fractured bones.

What You Should Do After A Boating Accident

Your first steps immediately after a boating accident are essential if you are a boat passenger who experienced an accident in no-wake zones. Before checking on the others involved in the accident, you should first check yourself for injuries.

You should put on a life jacket and prepare available flotation devices if there is any risk of the boat sinking or capsizing. Most large watercraft have liferafts on board, which can self-inflate. In a boating accident, the boat operator must have emergency equipment.

You should seek medical attention once you are safely back to shore and if you have been injured in any way. It is best to have a doctor examine you, even if you think you only suffered minor injuries. The symptoms of certain injuries might not manifest immediately. You should identify accident injuries as fast as possible to avoid the risk of them worsening into more dangerous medical conditions.

Contact a boating accident attorney after you have provided your statement regarding the accident to the authorities and received medical treatment. You should do this even if you believe another party is liable for the boating accident and your injuries. A competent personal injury attorney will help you recover damages. Your attorney will also help you hold the liable party accountable for their actions.

The At-Fault Party In a Boating Accident

Determining how the accident happened any time a boating accident occurs is essential. This will help to determine the party or parties responsible for the accident. Liability could fall to the boat operator if you are a passenger on a boat and the operator was negligent in any way that caused the accident. On the other hand, the liability could fall to another watercraft operator who caused your boating accident. There is also a likelihood that liability could fall to another passenger if their actions caused the boating accident.

It is not always straightforward to determine liability for a boating accident. In some situations, liability is unclear, or the deemed at-fault party alleges that forces beyond their control are to blame. There could also be a likelihood of several parties being responsible for the accident.

What To Expect In a Boating Accident Claim

Depending on where your accident happened, you should hire an attorney experienced in handling boating accident cases. Usually, maritime statutes do not apply to every boating accident. Your boating accident lawsuit could fall under the purview of personal injury law that applies to all vehicle accident cases.

Your attorney will review the details of your case, including the full range of your compensation and the circumstances of the accident, to assist you in determining liability. You need to identify the party or parties responsible for causing the accident when seeking compensation for a boating accident. It is also essential to fully account for all the damages incurred because of the at-fault party's negligence. You should also provide enough evidence that the injuries you suffered resulted from the boating accident and not some other cause.

Victims must prove that the at-fault party owed them a duty of care to hold them accountable for the damages. The duty of care can include operating a boat safely and avoiding causing waves. Failing to observe this duty of care can cause a boating accident.

Compensation For Damages Suffered In a Boating Accident

You can secure compensation from a successful boating accident claim. Some of the available damages include:

Pain And Suffering

Most injuries sustained in boating accidents are painful, and it can also be highly detrimental to experience a boating accident. The law allows you to recover monetary compensation for physical pain and emotional suffering. The amount you will receive hinges on the severity of your experience.

Property Damage

You can claim the value of your damaged property in your claim if the at-fault party's negligence caused damage to your personal property.

Lost Income

You can claim income lost during your recovery period as damages in your claim if a boating accident injures you in a way that prevents you from working. You could also claim lost earning capacity if you develop a permanent disability from your injuries that prevents you from working in the future.

Medical Expenses

You can pursue both immediate and future medical expenses resulting from your accident. For example, you can claim the cost of your hospital bills if you suffer injuries that require emergency care and cause permanent impairment. You can also claim anticipated long-term medical costs for treating your injury.

Victims can also receive additional compensation if the at-fault party engaged in intentionally dangerous or unlawful conduct that contributed to the accident. For example, the boat operator can face criminal charges for violating DUI laws if he/she was drunk while operating the watercraft.

Find an Experienced Personal Injury Attorney Near Me

Have you been involved in a boating accident in a no-wake zone and sustained injuries? Perhaps your property was damaged in the accident. The Personal Injury Attorney Law Firm has experienced attorneys who can help you seek compensation in California. We will investigate your case, identify the liable parties, and help you file a claim. We take pride in being the go-to personal injury law firm in California. Contact us at 800-492-6718 to speak to one of our attorneys.