Call Us Now
Email Us Now
Boating on the lakes and rivers around Fresno can be a lot of fun. But when things go wrong, boating accidents can lead to serious injuries. That’s where California law comes into play, especially when it comes to personal injury claims. If you’ve been involved in a boating accident in the Fresno area, understanding how state law affects your right to recover damages is essential.
The Legal Foundation of Boating Injury Claims in California
Boating accidents fall under the broader category of personal injury law. That means the basic legal framework is the same as with a car crash or a slip and fall. In California, you have to prove that the other party was negligent. That involves showing they owed you a duty of care, they failed in that duty, and that failure caused your injury.
With boating, the duty of care means operating the vessel safely, keeping a proper lookout, following navigation rules, and avoiding reckless behavior. If the boat operator is drunk, speeding, or ignoring safety equipment laws, that’s a clear violation of their duty.
Comparative Fault and How It Applies
California follows a comparative fault rule, which basically means that even if you were partly to blame for the accident, you can still recover compensation. But your percentage of fault will reduce the amount you can collect. This system is fair in the sense that it recognizes shared responsibility, but it also means the other side is going to try to pin as much blame on you as possible. That’s where having a strong legal strategy comes in.
Boating Under the Influence and Criminal Liability
Boating under the influence is illegal in California. Just like with cars, operating a boat while impaired by alcohol or drugs is a criminal offense. If someone who caused your accident was arrested or cited for BUI, that could significantly strengthen your personal injury claim. It helps establish their negligence, and sometimes even opens the door to punitive damages if the behavior was particularly reckless.
It’s also worth noting that Fresno County has law enforcement agencies that patrol the waters, and if the sheriff’s department responded to your accident, they likely created an official report. That document can become a critical piece of evidence in your case.
Statute of Limitations for Boating Injuries in California
Timing is everything when it comes to filing a claim. In California, you generally have two years from the date of the boating accident to file a personal injury lawsuit. Suppose the accident involved a government agency, such as a municipal water district or law enforcement patrol boat. In that case, you usually have just six months to file a claim against that entity.
Missing these deadlines can cost you your right to any compensation, no matter how strong your case is. So it’s crucial to act quickly, especially if you’re dealing with injuries that require long-term treatment or rehabilitation.
Types of Damages You Can Recover
In a boating accident claim, California law allows you to seek several kinds of compensation. Medical bills are the most obvious, including emergency treatment, surgeries, rehab, and future care. But you can also recover lost wages if you missed work, as well as damages for pain and suffering. If the injury impacts your ability to enjoy life the way you did before the accident, that counts too.
In more serious cases involving permanent disability or loss of life, the damages can be substantial. Families of those who are killed in boating accidents can also pursue wrongful death claims under California law.
Punitive Damages in Certain Cases
If the behavior of the person who caused the accident was especially outrageous, such as knowingly operating a boat while extremely intoxicated or intentionally causing harm, a court might award punitive damages. These are designed not just to compensate you, but to punish the offender and deter similar behavior from others.
The Role of Insurance in Boating Accidents
Unlike cars, boats aren’t required to carry liability insurance in California. That means not all boat owners are insured, which can complicate your ability to collect damages. Some homeowners’ insurance policies do cover boats, but that coverage varies a lot depending on the policy and the size or type of vessel.
If the at-fault party does have insurance, you’ll likely be dealing with their insurer throughout the claims process. And make no mistake, insurance companies have teams of professionals trained to minimize payouts. They’ll look for inconsistencies, try to argue your injuries aren’t that serious, or even blame you for the accident, which is why having a knowledgeable attorney on your side can make a major difference in the outcome.
How a Personal Injury Attorney Can Help
Trying to handle a boating injury claim on your own can be overwhelming, especially when you’re dealing with medical recovery. An experienced attorney can guide you through every step. They’ll gather evidence, work with accident reconstruction experts if needed, negotiate with insurance companies, and even take the case to trial if that’s what it takes.
Seek Legal Support
If you or a loved one has been injured in a boating accident in Fresno, take the time to understand your legal options. Talk to a personal injury attorney who can walk you through the process and help you pursue the compensation you deserve. The sooner you act, the better your chances of building a strong case and moving forward with confidence. Call Tomassian, Pimentel, & Shapazian today at (559)-545-0383 to schedule an initial case evaluation with our team.
