Irvine Boating Accident Lawyer

Skilled Boating Accident Attorney in Irvine, CA

Boating accidents can have extremely serious consequences, especially if one or more of the passengers were not wearing lifejackets. If you’ve been injured or lost a loved one in an accident out on the water, you can work with an experienced Irvine boating accident lawyer to help you recover compensation for your losses.

Trust the Team at Easton & Easton

The team here at Easton & Easton has handled many boating accident cases in our time in practice. As dedicated personal injury lawyers, we’re deeply knowledgeable about boating accident laws and know how to leverage them to get our clients the results they deserve.

We routinely work with professionals and their families to protect their financial well-being when accidents and serious injuries disrupt their careers. Find out how we can help you by contacting us to schedule a consultation.

Why Hire a Boating Accident Lawyer?

In 2024, there were 479 recreational boating accidents. These accidents took the lives of 41 people and injured 214 others, also causing substantial damage to the watercraft involved. While Irvine itself has limited opportunities for boating, it is close to the ocean and many freshwater destinations. If you’ve been injured on a boat near Irvine, you can hire a boating accident lawyer to help you hold the liable party accountable and recover compensation for your damages.

An Irvine boating accident attorney can handle all the details of your case, from filing paperwork and keeping track of deadlines to negotiating with insurance companies and taking your case to court, if necessary, to seek a positive resolution. Having a skilled attorney on your side leaves you with more time and energy to focus on the healing process after catastrophic injuries instead of worrying about the minutiae of your claim.

Common Causes of Collisions

Boating accidents happen for all kinds of reasons. Some of the most common causes of collisions with other boats, underwater objects, wakes, and waves include:

• Operator inattention
• Boating under the influence
• Excessive speed
• Violation of navigational rules
• Operating the boat in dangerous conditions

In most cases, it’s the boat operator or operators who are found liable for any damages incurred as a result of the accidents they cause. However, boat owners or rental companies, product liability claims against boat manufacturers, the municipal entities responsible for maintaining navigational buoys, and even other passengers can also hold partial liability, depending on the circumstances.

Collisions Between Boats

Boating accidents occur for all kinds of reasons. In collisions between boats, operator error is one of the most common underlying causes of accidents. To recover compensation in a boat-on-boat collision, you’ll need to show negligence on the part of the person who caused the crash. Injured passengers can file a claim against any at-fault boat operator following an accident, including the operator of the boat they were on. Proving negligence requires showing:

• Duty of care. Boat operators have a duty to exercise caution toward other watercraft. Operators must carry valid boating licenses and be familiar with all of the relevant rules and regulations, including when to cede the right of way to another vessel.
• Breach of duty. Boat operators breach their duty of care when they act negligently and fail to exercise appropriate caution on the water. That negligence can take many forms, including boating while intoxicated, not undergoing adequate training, or being distracted.
• Causation. The boat operator’s breach of their duty must have directly caused your injuries for you to have an actionable boat accident claim.
• Damages. You must have suffered compensable harm from your injuries, such as hospital bills and lost wages during the healing process. Understanding what to expect during a personal injury lawsuit can clarify how these damages are evaluated and proven in court.

The liability for boat collisions is often shared between multiple parties. If you’re one of the liable parties and you were injured, you can still file a claim against the other liable party’s insurance under California’s pure comparative negligence law. However, your recovery may be reduced by the amount of fault you were assigned by the court. In other words, if you were supposed to receive a $200,000 settlement but you were 50% at fault, you’ll get just $100,000.

Accidents Caused by Wakes, Waves, and Submerged Objects

Not all boat accidents involve multiple watercraft. In some cases, boat operators crash into another boat’s wake, waves, or submerged objects. As a general rule, boat operators must be on the lookout for potentially hazardous situations and take appropriate steps to avoid them. They may be held liable for collisions with wakes, waves, and submerged objects, depending on the circumstances of the accident.

Factors that influence liability in these cases include:

• Boat traffic
• Whether the passengers were warned of the wake
• The type of boat
• The size of the wake
• The speed of the boat
• Visibility

Boat operators who create a wake that causes an accident on another watercraft may also be found negligent, depending on the location of the accident. Some boating areas have no-wake zones, often found in marinas and harbors. In most cases, though, it’s the operator of the affected boat who is found negligent for failing to warn passengers of the wake.

Boat operators may also be found negligent if they get into accidents as a result of large waves, but whether this is the case depends on the circumstances. Similarly, boats can wind up hitting submerged objects even when operators are exercising due care. If boat operators are using appropriate nautical charts and exercising caution but still collide with submerged rocks or other obstacles, they may not be liable.

Lack of Safety Equipment

Injuries can be exacerbated as a result of a lack of safety equipment on board. California requires boat operators to keep life jackets, fire extinguishers, and other safety equipment on board. If it’s not available and that worsens a passenger’s spinal cord injuries or traumatic brain injuries, the boat’s owner or the rental company that rented the boat may be held partially liable for any injuries.

What to Do Immediately After a Boat Accident

There are certain steps you should take immediately following a boat accident to make sure everyone on board is safe and that you are protecting your future legal claim. Try to remain calm and follow these steps:

• Account for all passengers. Make sure no one is missing, as boating accidents frequently lead to drownings. Once all passengers are accounted for, check for serious injuries.
• Document everything. If you can, take photographs of the accident scene, the damage to the vessels, and any visible injuries you have prior to seeking medical attention. This evidence can be helpful in proving liability and supporting your eventual legal claim.
• Exchange information. Get basic information such as names, contact details, vessel registration numbers, and insurance information from everyone involved in the accident. If there were any witnesses, you should also gather their names and phone numbers. Your attorney may want to speak with them regarding what they saw.
• Seek medical attention. You should seek medical attention as soon as you get back to shore by heading to UCI Health Irvine or another local hospital. Some injuries don’t show symptoms immediately. Getting evaluated allows doctors to check you for hidden injuries and makes it easier to prove that any injuries they find were caused by your boating accident.
• Report the accident. You are legally required to report boating accidents within 48 hours if they involved a death within 24 hours, the loss of a person, or a serious injury leading to medical care beyond basic first aid. You have ten days to report the accident if the accident caused a total loss of a watercraft, property damage of more than $500, or a death that occurred more than 24 hours after the crash.
• Consult an attorney. Boating accidents can be extremely complicated, so it’s important that you consult an attorney as soon as possible after the accident occurs. Reviewing how much a personal injury attorney costs in Irvine helps victims understand contingent fee structures prior to representation.

After the accident, you should avoid admitting fault or apologizing to any of the other involved parties, as these actions can constitute an admission of guilt and can lead to your being assigned liability for the crash by the courts. You should also avoid posting about the accident on social media or giving a recorded statement to any insurance company before you speak with a lawyer.

Damages Available for Recreational Boating Injuries

As with all accidents, boating accident victims are often entitled to certain damages. They can include:

• Economic damages. Economic damages include things like medical bills, property damage, lost wages, and loss of future income if the accident victim sustains a disabling injury.
• Non-economic damages. Non-economic damages include things like pain and suffering, emotional distress, and loss of enjoyment of life.
• Punitive damages. It’s very rare for California courts to assign punitive damages in boating accident cases, as it usually requires proving oppression, fraud, or malice. Boat operators rarely intentionally cause their accidents.

Your boat accident attorney can help you identify all of the damages to which you may be entitled and help you get fairly compensated for your injuries and the other harms you’ve suffered.

Maritime vs. California State Law

Some boating accidents are governed by maritime law. These are accidents that occur on navigable waterways such as the ocean or large rivers. Accidents that occur on bodies of water like smaller, private lakes and rivers that are found entirely in one state are typically handled by the state courts. If you’re not sure which category your accident falls into, you can ask your attorney for advice about how to move forward with your case.

Statutes of Limitations

The statute of limitations to file a claim following a boating accident could depend on whether the case is heard at a state or federal level. In California, you have two years to file a claim regarding personal injuries sustained in a boating accident. Maritime law, on the other hand, imposes a three-year statute of limitations.

No matter where your accident occurred, you should not put off speaking with an attorney and pursuing a legal claim. Don’t wait until the statute of limitations is nearly up. Take action now while the events are still clear in your mind.

FAQs

Q: How Much Damage Does It Take to Total a Boat?

A: How much damage it takes to total a boat depends on the specific language used in the boat owner’s marine insurance policy and the type of total loss that occurred. However, boats are typically considered total losses when the estimated cost of repairing them plus salvage expenses is greater than 75% to 80% of their actual cash values.

Q: How Common Is It for a Boat to Sink?

A: How common it is for a boat to sink varies significantly depending on the type of boat. Modern commercial vessels are extremely low risk, but recreational boating accidents are more likely to lead to sinking. Most of these accidents are caused by operator error, which means many of them are avoidable with proper training, preparation, and maintenance of the vessel.

Q: What Are the Three R’s of Boating Safety?

A: The three R’s of boating safety are Recognize, Respond, and Recover. Boat operators must recognize and identify a hazard or danger early, then respond by taking immediate and appropriate evasive action. They can then recover by regaining control of their vessels and attending to any other issues that have occurred safely.

Q: What Type of Report Must Be Filed for a Boating Accident?

A: A formal written Boating Accident Report must be filed with the California State Parks Division of Boating and Waterways for a boating accident that involved the death of a passenger, the disappearance of a passenger, an injury requiring medical attention beyond first aid, property damage exceeding $500, or the complete loss of the vessel.

Your Irvine Boating Accident Lawyer

If you’ve been in a recreational boating accident in the area, you should hire an Irvine boating accident lawyer right away.

The team here at Easton & Easton is here to help. We routinely handle high-value claims, including boating accident cases, and one out of every three settlements we’ve obtained for our clients was for $100,000 or more. Our family-owned firm also knows how to treat clients right, which is why we’re often referred by doctors and attorneys. You can schedule a consultation regarding your case by contacting us online or giving us a call.

Irvine, CA Related Boating Accident Resources

• What to Expect During a Personal Injury Lawsuit in Irvine

Irvine, CA Boating Accident Legal Resources

• California Division of Boating and Waterways – Boating Accident Report Form (Bar Form)
• Orange County Sheriff’s Department – Harbor Patrol Division
• Superior Court of California, County of Orange – Harbor Justice Center
• National Transportation Safety Board – Marine Safety Investigation Resources

About Irvine, CA

Irvine is home to the expansive Orange County Great Park, offering world-class cultural and athletic amenities to local residents. However, proximity to coastal harbors and regional waterways brings risk, as recreational boating accident incidents continue to cause serious injuries across Orange County waterways each year. In response, local harbor authorities have increased maritime safety patrols and law enforcement inspections. The community remains dedicated to ensuring safer recreational water activities for all visitors and residents.