San Diego Boating and Maritime Accident Lawyers
Fighting for the rights of Boating and Maritime victims.
Every year boating and personal watercraft accidents occur on waterways throughout San Diego County. Whether you are offshore of one of our many beaches or on the lake, boating accidents happen. If you need help after an accident, contact us today 619-338-8230. We will gladly help you every step of the way. Our boating accident attorneys have experience handling these complex claims. We have helped clients who were in injured in boating accidents throughout San Diego and North County recover compensation for their losses. This includes medical bills, lost wages, and pain and suffering. We understand local boating laws including the small details that can make or break a case. We’ll work diligently to get you the compensation that you deserve.
What are Causes of Boating Accidents?
Five factors that may contribute to a boating accidents
Extreme weather conditions: This can create disturbances in the water that make steering difficult. Boating in these conditions can be risky.
Reckless boating: Showing off for friends and passengers can result in boating accidents.
Boat maintenance: Not maintaining the boat or boating equipment can cause boat failure and may result in an accident.
Inexperience: Not taking the proper boating courses or learning the pathways may cause an accident.
Alcohol: Alcohol can also impair judgment and response time resulting in accident.
Types of Boating Accident Claims
An operator may be considered negligent for
Hitting a big wave or wake at an excessive speed.
Making direct contact with propellers.
Sailing in heavy weather and causing injuries to individuals.
Failing to carry safety equipment on board.
Collisions with other boats or fixed object.
Failing to know the rules of the waterways.
Overcrowding and overloading the vessel.
Reckless operation including boating under the influence.
Boating Accident Attorneys
Everyone must be responsible and adhere to safety rules while enjoying water activities. Unfortunately, this is not always the case and you cannot control the actions of other boaters that share the waterways with you. If you are hurt in a boat wreck, contact our experienced boating accident lawyers today 619-338-8230. The legal team at our injury law firm has helped our clients recover millions of dollars. Money that our clients receive is used to pay their medical bills, cover their lost wages, help them obtain the necessary rehabilitation services, and secure a stable future for their loved ones.
The Basics of Maritime Injury Law
The Jones Act
The Jones Act, also known as the Merchant Marine Act of 1920, provides certain legal rights to seaman that protect their health and livelihood. Under the Jones Act, a seaman who has been injured would have the ability to pursue a case against the ship owner, captain, or other members of their crew. The law, however, is strict on who qualifies as a Jones Act seaman and who is eligible to recover compensation. It is therefore crucial that you talk to lawyers about your case.
Long-shore & Harbor Workers’ Compensation Act
Commonly referred to as the Long shore Act or LHWCA, the Long shore and Harbor Workers’ Compensation Act is a statutory workers’ compensation scheme enacted in 1927 to provide protection to maritime workers who are not protected by the Jones Act. Currently, the LHWCA provides benefits to more than 500,000 workers for work-related injuries and occupational diseases. This act also provides benefits to the widow, widower, or eligible survivors if an injury or illness leads to a death.
Death on the High Seas Act
In 1920, the Death on the High Seas Act (DOHSA) was enacted by Congress to protect the families of seaman injured while working offshore. Under this law, spouses, children, and other dependents are given the ability to pursue legal action if the loss of their loved one could be linked to the negligence of another. For example, family could pursue a claim if the accident was caused by the unworthiness of a vessel or careless actions of an employer or crew-member.
General Maritime Law
Maritime law is often categorized into two types. The first is the compilation of federal statutes passed over the years (such as the Jones Act); the second is vaguer and consists of “common law,” which has developed naturally by major court decisions. One major component of general maritime law is the doctrine of “maintenance and cure,” which is what provides living expenses, lost wages, and medical care to seamen if they become injured while working offshore.
Maritime law is a highly-complex area of the law and not every statute will apply to every case. For this reason, it is crucial that no time is wasted in contacting a maritime injury lawyer who will be able to help you. If you have been hurt, we encourage you to contact us today.
We combine an in-depth understanding of maritime law with creative strategies to provide the highest quality legal representation to our maritime clients. If you or a loved one has been injured or killed in a boating or maritime accident and you would like to speak with a maritime accident lawyer contact the San Diego Injury Law Center today. Call 619-338-8230 Se Habla Español and 中文.