Consulting with our Guadalupe boat accident lawyers
During your initial consultation with a Guadalupe injury lawyer, you have an opportunity to review the details of your boating accident case. You and your lawyer can determine if you have a claim worth pursuing. The attorney may ask you questions regarding your injuries, property damage, and medical treatment. Importantly, to determine the validity of the case, you should answer critical questions about the accident, such as:
- Was the captain intoxicated?
- Was he or she driving at an excessive speed?
- Was the boat operator in compliance with state, federal and local boating laws?
- Did the boat, its parts or safety equipment malfunction?
- Was the boat maintained properly?
- Were all baggage and materials stored properly?
- Did anything catch fire or explode?
- What kind of vehicle was the driver operating: a motorboat, cruise ship, sail boat, Jet Ski or Wave Runner?
Our Guadalupe lawyers are here to ease you through the confusing and intimidating legal process. From the initial claim to the final judgment or settlement, we are here for you.
What Are The Most Common Causes of Boating Accidents in Guadalupe?
While a few boating accidents are caused by vehicle malfunction, most are the result of driver negligence — in other words, the captain’s actions or inaction led to the accident. The California Department of Boating and Waterways (DPW) estimates that alcohol is involved in approximately 25% of all motorboat-related fatalities. In fact, a driver with a blood alcohol content (BAC) of .10% or greater is ten times more likely to cause an accident than a sober driver. Even at a BAC of .035%, a boater’s ability to operate a watercraft is impaired.
- Drunk driving: When it comes to alcohol, the same rules that apply on the road apply on the water as well. According to estimations from the CDPW — approximately 25 percent of all motorboat-related fatalities are a result of the drunken operation of a boat. Even with a BAC of .035% (which equates to roughly one or two drinks), a boater’s ability to operate a watercraft is impaired. It is a good idea to appoint a designated driver when drinking is involved — just as you would on land.
- Unqualified/Inexperienced driver: It requires skill, practice and patience to learn how to captain a boat well. If a driver is not qualified to operate a boat, then the risks are higher that he or she will cause an accident.
- Bad weather conditions: This can include anything from storms to natural disasters. To ensure everyone’s safety, always check and monitor weather reports before (and during) your voyage.
- Equipment failure: This can be due to a preventable malfunction. If the driver of the boat failed to maintain the marine vehicle regularly and that is the cause of the accident, then the driver can be held liable. As a safeguard against these types of accidents, boat owners should always prepare for outings by checking all necessary parts and ensuring that all inspections and routine maintenance have been performed.
Have You Been Involved in a Boating Accident in Guadalupe?
When a leisurely day on the water turns to tragedy, James McKiernan Lawyers is here to help. For a free initial consultation, contact our firm to schedule an appointment. Let us answer your questions and address all your concerns so you can feel confident proceeding with a civil case. Contact our San Luis Obispo personal injury attorneys for more legal help.
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