At Berman & Riedel, LLP, we are deeply committed to protecting the dignity and well-being of the San Diego Elderly. Our Elder Abuse Resources provides a personal, compassionate, and professional approach to identifying, preventing, and addressing elder abuse. With our expert legal team by your side, you have access to essential information, and advice ensure every senior is treated with the respect and care they deserve. Trust Berman & Riedel, LLP to be your reliable legal partner in creating a safer, more supportive environment for our elders.
San Diego is one of America's best cities for boating and other water activities thanks to its large coastline, temperate climate, deep harbor, and rich maritime history. Although they offer excitement and adventure, boating and watercraft activities are also accompanied by unique risks. It is when these risks are disregarded that innocent fun can turn dangerous or even deadly.
Boating and watercraft accidents are an all-too-common occurrence in southern California’s waterways. If you have been hurt in a boating accident caused by someone else's negligence, a San Diego boat accident attorney can help you pursue compensation from the at-fault party. Berman & Riedel, LLP, represents accident victims and family members seriously hurt in boat accidents. Contact our law office today for a free case evaluation to explore your legal options and how we can help you.
How the San Diego Boating Accident Attorneys at Berman & Riedel, LLP Can Help You
An experienced attorney is necessary to navigate the complex legal landscape of federal maritime law and state boating law. While it's critical for an accident victim to seek an attorney with experience in boating and watercraft accident cases, it's equally important that the attorney approach every boat accident case with enthusiasm, care, and a fresh eye. At Berman & Riedel, LLP, our attorneys have years of experience in litigating boating and personal watercraft accident cases.
We realize that each case presents unique facts and issues, often involving complex legal and safety considerations. For this reason, Berman & Riedel, LLP, does not hesitate to consult with technical, medical, and economic experts to develop the strongest case possible and maximize recovery for our clients.
Our San Diego boat accident attorneys are committed to giving your case the personal attention it deserves. We leave no stone uncovered to gather evidence and build the strongest possible legal argument. Contact our law firm today to schedule a free consultation with a San Diego boat accident attorney ready to fight for you.
Types of San Diego Boat Accident Cases We Handle
At Berman & Riedel, LLP, we handle all types of recreational boating accidents. Common types of cases we handle include:
Ship grounding
Propeller accidents
Falling overboard
Capsizing accidents
Collisions with personal watercraft
Collisions with fixed objects
Yacht accidents
Flooding
Marina or dock accidents
Electrical accidents
Fires
Accidents involving sport towing
Any maritime accident can quickly become life-threatening. Victims may be left stranded or thrown from a vessel where they are at risk of drowning or being struck by another vessel. Many accidents occur in a fairly isolated area. It can take time for emergency responders to reach the scene or for another vessel to call for help if needed.
Because all types of boating accidents involve complex maritime law and overlapping federal and state regulations, it's crucial to work with experienced boating accident attorneys after your accident. An experienced San Diego boat accident attorney can help you navigate the aftermath of your accident and understand your options for recovering the compensation you deserve.
How Common Are Boating Accidents in San Diego, CA?
In 2023, the U.S. Coast Guard reported3,844 boat accidents across the country that resulted in 564 fatalities and 2,126 non-fatal injuries. According to the Coast Guard, most accidents happen when you least expect them: in calm waters with good visibility and little wind.
California had the second-highest number of boating accidents in 2023 after Florida, with 339 boat accidents. There were 30 fatal accidents and 33 fatalities. California tied with Texas for the second-highest number of boating deaths.
In 2016, there were 322 boating accidents in Southern California, compared to 266 accidents in Northern California. While there were fewer boating incidents in Northern California, the region had 56% of injuries and 72% of fatalities. Most of these accidents occurred in northern lakes, with the fewest in coastal waters and the San Francisco Bay Area.
In Southern California, the most common areas for accidents were the Pacific Ocean (87), Newport Harbor (41), San Diego Bay (34), and Colorado River (27). Accidents in the San Diego area accounted for 16% of all Southern California boating incidents (9% of statewide accidents) and 21% of fatalities. Most accidents in San Diego County involved operators over 40 years old.
The most common vessels involved in fatal accidents were personal watercraft, open motorboats, and cabin motorboats.
75% of boating deaths in 2023 were attributed to drowning. 87% of drowning victims were not wearing life jackets. Over half of fatal boating incidents involved people ending up in the water by falling overboard, capsizing, or voluntarily leaving the vessel.
Trauma was the second-leading cause of death in boating accidents. This was usually the result of the impact of a collision.
We Will Fight for Fair Compensation for Your Boat Accident Injuries
At Berman & Riedel, LLP, our San Diego boating accident lawyers are committed to pursuing maximum compensation for injured clients. We will assist with seeking compensation for all the injuries you suffered to ensure you receive the medical care you need. Recreational boating crashes can cause serious and even catastrophic injuries, including:
Non-fatal drowning which can cause brain damage, pneumonia, acute respiratory distress syndrome, and other long-term consequences
Seeking compensation for serious injuries can be an uphill battle. The insurance company may try to minimize the severity of your injuries or blame you for your accident. A San Diego boat accident attorney at Berman & Riedel, LLP, will act in your best interests and fight for the full compensation you deserve.
Compensation Available to Boat Accident Victims in California
When you are injured by someone else's negligence, you are entitled to seek compensation for your losses. A San Diego boat accident attorney can help you pursue two main types of compensatory damages: economic and non-economic damages.
Economic damages are designed to compensate for your losses with a financial value, like property damage and medical expenses. Non-economic damages compensate for losses that have no intrinsic financial value. This includes the physical pain, mental anguish, and psychological suffering you have experienced and how your injuries affect your life.
Common damages you can seek in a boat accident claim include:
Medical bills
Future medical expenses for anticipated long-term medical treatment and medical bills you will incur
Rehabilitation, physical therapy, and psychological counseling
Replacement services like in-home health care and childcare
Property damage
Lost wages
Diminished earning capacity if you are left disabled
Your San Diego boat accident attorney will help you file your claim against the at-fault party's insurance company and negotiate on your behalf to seek a fair settlement agreement. If a fair offer cannot be reached, the next step is filing a personal injury lawsuit and taking your case to court. If your case goes before a jury, there is the potential for an additional type of damages: punitive damages.
Punitive damages are intended to punish the defendant for egregious behavior. These damages are rare and require clear, convincing evidence of oppression, malice, or fraud. A boating accident involving an intoxicated operator may qualify.
If a loved one was killed by a negligent boater, you may seek compensation through a wrongful death claim. This type of claim compensates family members for losses like funeral and burial expenses and the household services and financial contributions the loved one would have provided. A survival action is a separate claim that may also be available to recover compensation for the injuries your loved one suffered before death.
Common Causes of Boat Accidents in San Diego, California
Like motor vehicle accidents, most boating accidents occur when someone is careless, not paying attention, or simply inexperienced. According to the Division of Boating and Waterways, 57% of accidents in the San Diego Bay involved a collision with a vessel. 43% of accidents in the bay were attributed to operator inattention alone.
According to the Coast Guard, the most common causes of boating accidents are:
Alcohol. Alcohol is one of the leading contributing factors in fatal boating accidents, accounting for 17% of boat fatalities.
Operator inattention. Distracted boating is a common problem and often involves alcohol.
Improper lookout. When a boat operator does not pay attention to their surroundings, they may not see obstacles or shoaling areas in time. They may also fail to see skiers or swimmers in the water. Ideally, there should be a designated lookout onboard to watch for dangers.
Operator inexperience. Many accidents happen because people operating boats do not have proper training and knowledge. Boaters may not understand or follow the rules of navigation, including buoy markers in the bay and right-of-way rules. Inexperience can also contribute to accidents involving poor weather, rough water, or excessive speed. The operator may lack the experience necessary to recognize and respond to dangers.
Excessive speed. Speeding caused 14% of accidents in San Diego County in 2016. Speeding or operating a boat in a reckless manner increases the risk of capsizing, striking an object, and someone being thrown overboard. It also increases the risk of serious injury or death if an accident happens.
Machinery failure. Malfunction or failure of the engine, steering system, or navigation lights can be the primary cause of an accident. Poor maintenance may cause these incidents. Without proper safety equipment like fire extinguishers and signaling devices, machinery failure can lead to a dangerous situation.
Hazardous weather or water. This was the primary factor in 6% of San Diego County boat accidents in 2016.
Your San Diego boat accident attorney will carefully investigate all the details of your accident to determine the cause and who was at fault.
Proving Negligence After a Boating Accident
To recover compensation, you must prove the other party was negligent. This means they were careless or failed to act in the manner a reasonable person would in the situation. A boating accident attorney will investigate your accident to gather evidence that shows how the negligent parties caused the accident and your injuries.
There are many forms of evidence that may prove negligence, such as:
Whether the other boat operator had the required California Boater Card
Your medical records
Video and photos from the scene and damage to the vessels
Witness testimony
Testimony from experts such as accident reconstruction specialists
Any citations issued or arrests made after the accident
Reports submitted to the Division of Boating and Waterways
Investigation reports by the Coast Guard or Harbor Patrol
Data from the Voyage Data Record, when available
If the operator violated important boating laws designed to prevent this type of incident, they are considered negligent per se. The legal concept of negligence per se makes it easier to recover compensation because it lowers your burden of proof.
Because California uses a pure comparative negligence rule, any fault for the accident assigned to you will reduce the compensation you can recover. Your San Diego boat accident attorney will defend you against unfair attempts to shift blame and gather as much evidence as possible to assign fault where it belongs.
It's crucial to seek medical attention right away. Follow all of your physician's orders and complete any ordered treatment. This is important for your long-term health and recovery. It also strengthens your claim and prevents the insurance company from arguing that you failed to mitigate damages or take reasonable steps to limit the damages of your accident.
Contact a San Diego Boat Accident Attorney for a Free Consultation
If you or a loved one suffered injuries in a boat accident caused by another person’s negligent or reckless operation, a San Diego boat accident lawyer at Berman & Riedel, LLP, is here to help you. Our San Diego boat accident law firm represents accident victims and their families in fighting for maximum compensation and holding negligent boaters accountable.
Our law office is located in San Diego, but we accept cases throughout California.
Contact Berman & Riedel, LLP, today to schedule a free consultation with a San Diego boat accident attorney. We will listen to your story, provide sound legal advice, and help you understand your legal options.
San Diego Bay Boating Laws
Before taking your boat out on San Diego Bay, it’s crucial for boating enthusiasts to understand maritime rules and boating regulations designed to keep you and others safe. All boaters must comply with federal maritime law, California law, and local law. Below are important San Diego boating laws you should know. For a complete guide to boating laws and safety, you can read the ABCs of California Boating and order a free copy to keep onboard your boat.
San Diego Bay Jurisdiction and General Information
The San Diego Bay is under the jurisdiction of the San Diego Harbor Police and the Port of San Diego. Coast Guard Inland Rules apply within the bay. The 70-acre Naval Training Center Channel next to the Liberty Station Development is under the U.S. Navy’s jurisdiction, but the Harbor Police enforce laws and respond to emergencies here.
Boaters must exercise caution operating in the bay because it is an active commercial harbor with heavy U.S. Navy and commercial fishing traffic.
The Main Shipping Channel runs north-south through the bay. It’s marked with lighted green and red buoys. Be careful to remain in this channel close to the mouth of the bay to avoid submerged reefs.
The Coronado Bridge spans the bay and divides it into the South San Diego Bay and the North/Central Bay. The vertical clearance is 175-195 feet in the main shipping channel. The center span is marked with a radar marker for safe navigation when visibility is poor.
Be careful when operating a boat outside of a marked channel in the South Bay. There are many sunken objects, wrecks, and shoals that can be dangerous. There are also wildlife refuges here for sea turtles and birds.
Mission Bay has unique regulations and four activity zones: open speed areas, 5 mph areas, swimming areas, and special use areas. These special use areas include Personal Watercraft Permit, Personal Watercraft Only, and Waterski Permit areas.
California State Parks Division of Boating and Waterways (DBW)
The California Department of Boating and Waterways (DBW) operates under California State Parks. The division oversees the planning, development, and improvement of state facilities and conducts testing and research. It provides knowledge and instruction to the general public about recreational boating. The DBW also issues California Boater Cards.
Speed Limits for Boaters
There is a general speed limit of 5 mph when you are within 100 feet of a surfer or swimmer and within 200 feet of a beach used by swimmers. You must abide by the 5 mph limit when you are within 1,000 feet of the oceanfront coastline of the City of San Diego.
Mission Bay has additional speed limits and regulations. There is a 5 mph speed limit from sunset to sunrise. Certain areas have a designated 5 mph limit outside this time, including near bridges, within 100 feet of another vessel, within 100 feet of shore, and in areas marked with buoys.
Required Equipment
Most recreational boaters must keep the following items onboard their vessel:
Throwable flotation device such as a ring or horseshoe buoy
Wearable flotation device for each person
Marine-type fire extinguisher for motorboats with a closed hull construction
Navigation lights (to operate after sunset)
Visual distress signal
A sound-producing device like a whistle
Registration cards, stickers, and numbers
Who Can Operate a Boat in California?
California law requires boaters to be at least 16 to operate a motor-powered vessel with more than 15 horsepower and have a valid California Boater Card. Minors 12 to 15 may operate a vessel with a lower horsepower with adult supervision.
A California Boater Card is required for boaters aged 60 and younger, but all boaters will be required to have a Boater Card by 2025.
Additional Resources
Emergency contact (U.S. Coast Guard San Diego): Call (619) 295-3121 or VHF radio, Channel 16
Families across California share their experiences of how Berman & Riedel, LLP, fought for justice in cases of elder neglect, nursing home abuse, and personal injury.
Elder Neglect by Healthcare Corporation
Jean’s mother was a victim of neglect while at a skilled nursing facility, resulting in surgery that she did not survive. Berman was there to listen and provide the support that the client needed.
Wrongful Death at a California Nursing Home
Michele’s mother suffered a wrongful death at a California nursing home. William M. Berman and the attorneys at Berman & Riedel, LLP, helped litigate the case with successful results.
Serious Injury at Skilled Nursing Facility
Ira’s wife suffered a traumatic brain injury due to negligence at a skilled nursing facility, and our team of attorneys worked hard to ensure that Ira’s wife and his family received the compensation that they rightfully deserved.
Wrongful Death Legal Services
Ginny suffered a family loss, and Berman lawyers handled her legal needs with compassion and reassurance, allowing her to feel safe and at ease through the entire process.
If you suspect that a parent, grandparent, or another older loved one has been financially exploited, you're not alone, and you don't have to figure […]Read More
What is a demand for accounting letter? ⚖️ Learn how this legal tool can expose POA abuse in California, protect assets, and hold a dishonest agent legally accountable.Read More
⚖️ Discover how to contest a will in California: legal grounds, strict deadlines & standing to file. Call Berman & Riedel today before your filing deadline runs out.Read More
FAQ
Frequently Asked Questions
Below are answers to common questions people have about working with a lawyer. During your initial consultation, we will be happy to answer questions that are particular to your case.
How Much Does It Cost to Hire an Elder Abuse Attorney?
The attorneys at Berman & Riedel, LLP, accept elder and nursing home cases on a contingency-fee basis. This type of agreement means you do not pay any attorneys’ fees out-of-pocket for legal representation. Attorneys’ fees are also contingent on the outcome of your case.
You benefit from legal representation in exchange for an agreed-upon percentage of a settlement or jury award. We will only recover a fee if you recover compensation.
What Should I Do if I Suspect a Loved One is the Victim of Elder Abuse?
The first step is to report the abuse to the appropriate authorities. Call 911 if the situation is life-threatening. Otherwise, it can be reported to the police and appropriate agencies. For abuse in the community or a hospital, call Adult Protective Services at 1-833-401-0832. For abuse in a nursing home or long-term care facility, contact your local long-term care ombudsman or call 1-888-452-8609.Â
The next step is contacting a California elder neglect lawyer to help you safeguard your loved one’s rights, investigate the abuse, and hold the facility accountable.
Can You Tell Me How Much My Case Is Worth?
There is no way to determine the exact value of an elder abuse or personal injury case, especially early in your case. However, an experienced attorney can give you an estimated range based on their experience with similar cases.
There are many factors that may influence the value of your case, such as:
Your total financial or economic damages
The severity of your injuries
The impact of your injuries on your daily life
The strength of your case
Whether you share fault for your accident
Insurance policy limitsÂ
Some damages are easy to calculate, such as lost wages and medical bills. Calculating the value of diminished earnings for the rest of your life or future medical needs, however, may require the help of experts. Non-economic damages like pain and suffering have no intrinsic financial value. These damages are challenging to calculate.Â
If your case goes before a jury, you may potentially be able to recover more than you could through a settlement. However, this introduces a new element of risk: the jury. The circumstances of your accident and even how sympathetic you or the defendant are can influence the outcome.
During your consultation and throughout your case, we will help you understand how these factors influence your case. We will also work tirelessly to document the value of all your damages and pursue maximum compensation on your behalf.
Will My Case Go to Trial?
The vast majority of cases are resolved by reaching a settlement agreement outside of court. Very few personal injury cases actually go to trial, but it is more likely if the facts in your case are in dispute, a legal issue is being contested, or you have a high-value case.
An experienced lawyer will build your case as if it will go to trial from the beginning. The stronger your case and evidence, the more likely a fair settlement will be reached.
How Do I Know If I Need a Personal Injury Lawyer?
The more serious your injuries or the more complex your case, the more important it becomes to seek experienced legal counsel.
Legal representation is vital if your case involves a complex area of law, such as elder abuse or neglect, premises liability, commercial vehicle accidents, medical malpractice, or serious work-related accidents. Determining liability, navigating decades of legal precedence, and interpreting specific statutes in these cases is best done with years of relevant legal experience.
Remember that the insurance company is not on your side, even if the insurance adjuster seems sympathetic and you receive a settlement offer. If you are being blamed for an accident or sustained serious injury, a lawyer will help you protect your rights and build the strongest case possible. This includes calculating the full value of your current and future losses.
Do You Accept Cases Outside of San Diego?
While our law office is located in San Diego, Berman & Riedel, LLP, accepts cases throughout the state of California.
FREE CONSULTATION.
Speak Directly With A Partner Now.
Bermen & Riedel Reviews
Honest Reviews from Customers Just Like You
Trusted By California To Handle Elder Abuse & Neglect, Serious Personal Injury, & Wrongful Death Litigation
The information on this website is for general information purposes only and does not create an attorney-client relationship. No information on this site should be taken as legal advice for any individual case or situation. Berman & Riedel, LLP at (858) 997-0678 if you would like to discuss your legal matter with a member of the firm.
