BOATING ACCIDENT LAWYER LOS ANGELES
What You Need To Know
Water Craft / Boating Accidents are not uncommon. Many accidents involve personal water crafts- jet ski’s. Boating and jet ski’s are primarily used for recreation and people often times abuse this privilege. There are both state and federally patrolled waters. All accidents are filed to the United States Coast Guard. http://www.uscg.mil/ Over 90% of boating accidents are caused by operator error. Over a quarter of these types of accidents are from rentals. California and Florida account for nearly half of the personal water craft accidents in the US.
The most common causes of watercraft/boating accidents are:
Reckless driver- when someone is not operating the PWC is a reasonable and prudent manner. A reckless driver in boating is when the boat is airborne, wake jumping, weaving through traffic, following too close to another vessel and disobeying the rules of the water. There are rules about proximity and speed with another vessel. Fines for reckless driving of a boat are high.
Driver inattention- more and more people are taking to the waterways and this makes for more distractions and crowding of the waterways.
Speeding- the horsepower of many PWC vessels have increased significantly over time, with speeds reaching around 70 mph.
Driver inexperience- since boating is more of a pass time and recreation; most operators have not logged long hours. This causes driver error to be quit high. Maneuvers and danger avoidance are not practiced or identified as often as an experienced operator.
Off throttle steering- when the throttle is pressed, steering the PWC is possible. When the throttle is released, steering is more difficult. A lot of inexperienced operators will release the throttle if danger is approaching, doing so makes veering away much more difficult. Off throttle steering uses sensors to tell when an operator stops abruptly and tries to turn. It propels just enough to allow or the maneuver to avoid a collision. This is the technology widely used on all PWC’s.
Boating technology. A lot of the new models are using jet propulsion technology. Intelligent brake and reverse system is a brake you pull and this allows the vessel to stop much before then just letting off the throttle. It reverses in a way that is not jerky. Stopping is easier with intelligent braking and reverse system, but not as good as off throttle steering for avoiding objects. On the subject of whom steering method is better, they both have their ups and downs, positives and negatives.
It is advised and in some states it is the law to wear a life preserver, have navigation lights and flares on board to use of necessary.
There are many obstacles while boating and using watercrafts. There are submerged objects, rocks, other boats, the wake of other boats and waves.
If a boating accident happens at sea, it is under maritime law jurisdiction. If damages over $2,000 or injury occurs, it is mandatory to file a boating accident report.
Often times proving negligence is different if the accident happened during work or leisure. If a boating accident injury occurred to a person(s) whilst at work, they can be entitled to workers compensation under harbor workers act. Some boats such as sail boats are given leeway because they have less stopping and maneuvering time. State law varies, for example, one state may have a contributory negligence and another may have comparative negligence. If a passenger is injured, they can sue either at fault operator. An operator can be liable for the wake their vessel created. In some harbors there are no wake zones. If a operator caused another boat to be in an accident of some sort and this was caused by the wake of the other boat, that operator would be liable. Compensation for a boating accident are typically medical bills, lost income, pain and suffering. Boating accident lawyer Los Angeles McElfish Law Firm.
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