The California coastline is 840 miles long. It has a large number of ports of call, and the state has more than 3,000 lakes, making it a prime location for marine and maritime industries to attract both commercial and recreational boaters. From sailing to water skiing, and scuba diving to sport fishing, thousands of boats operate all over California waters. As a result, there is a significant need for maritime lawyers who handle boat accident cases.
You might find filing a boating accident lawsuit against a party for injuries or losses complicated. First of all, boating accidents occur under a wide range of conditions and involve a wide variety of vessel types. Injuries can range from broken bones due to improperly secured objects falling onto people during rough seas to wrongful death cases filed against an operator whose boat capsized due to a damaged hull and stabilizers. The distance from shore can also weigh heavily into one’s ability to file a claim, and dealing with signed waivers and insurance companies can be complex, which is why it is important to contact a boat accident lawyer who specializes in maritime law.
What is a Maritime Lawyer?
Many local personal injury lawyers represent clients within the state of California’s boundaries, which include territorial waters governed by California state laws. Maritime lawyers in personal injury firms represent clients who were hurt in boat accidents, and in some cases, they help clients pursue compensation when injured in a boating accident that happened in international waters, or in waters located more than 12 nautical miles from the shoreline. When you contact a Jacoby & Meyers maritime lawyer for boat accidents, you will be working who has been assisting clients since 1972 with pursuing compensation for their injuries.
Attorneys who work strictly in maritime law also deal with disputes related to salvage rights, pollution, and discrepancies related to the transportation of goods. However, a personal injury lawyer specializing in maritime law only focuses on boating accidents that caused injury and personal loss.
How a Boat Accident Lawyer Proves Liability in a Boating Accident Lawsuit
Anyone injured on a boat, whether captain, passenger, or employee on a charter, may be entitled to compensation if another boat’s operator was negligent. Additionally, anyone hurt on a boat due to its own negligent operations may also be entitled to compensation for physical injuries. In order to pursue compensation, a boat accident lawyer must prove liability. This means an attorney must prove that negligence caused the accident.
Common types of boating negligence include:
- Operator/captain under the influence of a substance (drugs or alcohol)
- Operator/captain error (miscalculations, fatigue, distractions, etc)
- Failure to abide by U.S. Coast Guard navigation rules and regulations
- Failure to abide by international maritime regulations
- Improper maintenance
- Failure to complete inspections
- Operating without a license
- Unqualified boat staff
- Lack of safety equipment
At Jacoby & Meyers, a boat accident lawyer has the experience and resources to investigate the incident. For example, if you were in a head-on collision course with another power-driven boat, and one failed to alter their course to starboard right (standard maritime law), thus clipping your vessel and causing impact resulting in a neck injury, a boat accident lawyer and his or her team can carefully investigate the incident, evaluate liability, and build your case to pursue compensation.
What Should You Do in a Boating Accident?
Whether you are the captain of a boat that’s been in an accident with passengers, or you are riding solo or with a few friends in a sailboat or power-driven boat, the steps that should be taken are nearly identical. Ultimately, the most important thing is to seek medical treatment as soon as possible. However, when you are out on the water this can be more challenging than in a car accident. That said, the first step is ensure all passengers’ safety. This may require taking a head count, confirming any injuries, and ensuring everyone wears life vests. In some cases, you might need to deploy lifeboats and load passengers immediately.
After confirming everyone is safe, contact emergency services. Depending on the location of the boating accident, this may require calling 911 (if you are on a lake, for example) or the Coast Guard (if you are miles out to sea).
Other Things to Note in a Boating Accident
If the damage to your boat is severe enough that you must abandon it and you are far from shore, collect survival and emergency equipment, including flare guns, satellite radios, and rations. If safe to do so, remain near the area where the vessel goes down, as this may make you easier to locate. If the accident occurs near shore, get to land as quickly and as safely as possible.
If the boating accident involved a collision with another vessel, collect information such as the operator’s name, license number, insurance information, the boat’s make and model, and registration number. You should also take photos, including photos of nearby boats whose operators could be potential witnesses. In the event of a hit-and-run, obtain as many visual identifiers as possible.
Jacoby & Meyers Represents Clients in Boating Injury Claims
Boating accidents can cause injuries to many parts of the body, including burns, broken bones, spinal injuries, lacerations, brain injuries, amputations, and death. In collisions, large, heavy objects may fall onto passengers. A sailboat mast may break and topple onto passengers. Sometimes, lifeboats or furnishings may shift. If the wiring is faulty, boats can catch fire. Negligent staff may allow passengers into restricted areas, potentially leading to severe injuries, such as those that result from falling into an active propeller.
Jacoby & Meyers has represented injured individuals for more than 48 years. Whether you are the operator or a passenger, contact a maritime lawyer for boat accidents at Jacoby & Meyers for a free consultation to understand your legal rights and discuss pursuing compensation for your injuries and losses.
Statistics & Liability
Recreational boating is popular throughout the Pacific coast, especially in California, where thousands of boats travel every year. California’s lakes, rivers, and the Pacific Ocean offer some of the most beautiful scenery. They also provide many opportunities for enjoyment, relaxation, and recreation for sailors, boaters, fishers, and skiers.
Boats range in size from small, personal watercrafts to ski boats and houseboats. In addition to its recreational uses, California’s waterways serve as vital passageways for commercial vessels like barges.
Boating Injury Statistics
Unfortunately, boating traffic can lead to accidents. When someone operates a boat or other watercraft recklessly, such as while intoxicated, even the most careful boater may be at risk of injury or even death.
According to the California Department of Boating and Waterways, from 1999 to 2008, there were 8,386 boating accidents. During that time, 4,663 people were reported injured and 502 fatalities occurred. Property damage during that period exceeded $49,000,000.
Liability for Boating Accidents
When an individual suffers injuries or dies as a result of another’s negligence in a boating accident, the boat operator or owner may be held liable for such damages. In boating accident matters, attorneys may work with a team of investigators and medical experts to reconstruct the accident scene and evaluate the claim for monetary damages. Personal injury attorneys can assist clients in seeking compensation for medical expenses, lost income, and other losses, depending on the circumstances of the case.
Our attorneys work on a contingency basis, which means attorney’s fees are collected only if there is a recovery. Contact us today for a free case evaluation.

Michael Akiva is Managing Partner of Pre-Litigation of Jacoby & Meyers. Having started his career as an attorney at Latham & Watkins LLP, a prestigious, global corporate law firm, Michael quickly realized that representing big corporations was not for him. After leaving the firm, Michael dedicated himself to fighting for the rights of the injured. Education J.D. UCLA School of Law, Editor, UCLA Law Review B.S., Finance, University of Southern California, Magna cum laude