With the summer months quickly approaching, people are spending more time outdoors. Additionally, many Californians have once again begun boating. With this comes an increase in boating accidents. On many occasions, alcohol is the leading cause of the accident. For instance, two months ago, March 2016, a boater near Blythe, California crashed into rocks along the Colorado River and 13 people were injured. Three people were seriously injured and were airlifted to a nearby hospital. Six passengers sustained moderate injuries and were transported via ambulance to the hospital. The remaining four passengers sustained minor injuries and declined treatment. The boat accident occurred when the boat was being driving too fast when attempting to turn. Sheriff’s Sergeant stated that alcohol might have been a factor in this accident.
Boating Under the Influence in California
Recent studies find that alcohol is involved in about 25 percent of all motorboat-related fatalities. Similar studies find that the effects of alcohol are more pronounced when operating a boat versus operating a vehicle. This is mainly because of the several “stress factors”, such as the sun, engine noise, vibration, wave action, wind, speed, etc. What adds to the danger is that when boaters consume alcohol, they lose their ability to judge their degree of impairment and they become overconfident. They end up taking more risks.
Though there is no “open container” law regarding boats in California, it is still illegal to operate a boat while under the influence. Per California law, if you operate a boat while under the influence, this could carry a penalty of up to one year in county jail and/or a fine not to exceed $1,000. Yet, if you operate a boat under the influence and cause injury to another, this could be ruled a felony and you could face up to one year in prison and a fine of up to $5,000. If someone dies, however, you could then face up to ten years in prison. As you can see, the act of operating a boat under the influence carries serious consequences.
Per California boating laws, people operating a boat, as well as the boat’s owner, are often required to file a written boating accident report with the Department of Boating and Waterways. This written report is required when: (i) a person disappears, dies, or is hurt and needs medical treatment beyond first aid; or (ii) total damage to the boats involved and other personal property valued more than $500.00, or there is a total loss to a boat.
Hire an Attorney for your Case
If you or your loved one was involved in a boat accident at the fault of another, it is imperative that you hire an experienced personal injury attorney. The attorneys at the Law Office of Patrick G. Shea are here for you! We will take the time to listen to the details of your situation and will use our years of legal experience to help pursue your goals. No matter how many resources we allocate to your case and no matter how long it takes to help you achieve your goals after a car crash, we will not collect fees unless we win. Reach out to our San Diego auto accident department for personal representation and aggressive advocacy.
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