The requirement to report boating accidents comes from federal and state law, depending on where the accident occurs. Under federal law, you must report the accident to the California Department of Boating and Waterways under practically every circumstance. You must report the accident when there is an injury or fatality or when someone goes missing. You even have an obligation to file a report when the boat is destroyed or there is more than $2,000 in damages done to the boat.
If someone else caused your boat crash, you have legal rights, and you should first report the accident, and then consult with a boat accident lawyer in San Francisco about possible compensation.
State law has even stricter requirements for reporting. If there has been a death, disappearance, or injury requiring first aid, you have up to 48 hours to report the accident to the CDBW. You must also file an accident report if there is more than $500 worth of damage to the boat, but you have ten days to make that report. The CBDW requires you to manually complete the report and send it by mail.
California treats the failure to file a report as required by law as a misdemeanor. You can receive a fine of up to $1,000 and up to six months in jail.
The boating accident report is not very hard to make. There is a standard form from the CBDW that is two pages long. Many of the questions on the form can be answered by checking boxes. You would need to give your own description of what happened. The CDBW largely uses these reports to gather information to improve boating safety, but you should anticipate that there will be other uses for this report, especially if you intend to file an insurance claim or lawsuit.
Some of the information that you will need to provide on the boating accident report includes:
You must also give a narrative description of what happened during the accident. This section is very important, and it could be the basis of your testimony in a later legal action.
The requirement to make a report means that you should hire a lawyer right after a boating accident. What you fill out on the report could impact whether you can receive financial compensation for your injuries. If you put something down in writing and file it with the state, you may have trouble telling a different story in the future, even if your recollection was hazy at the time that you filed the report. An insurance company will seize on any inconsistencies in your story to try to cut the money they must pay you, or avoid paying you altogether. However, you must make the required report with the state, or you may face criminal penalties.
In addition, you would also need to report the accident to an insurance company. The story that you tell should also be consistent with the boating accident report.
If you call a boating accident lawyer right after the incident, they will be able to help you with the necessary report. They will work with you on the details, especially the narrative that requires you to describe what happened in the accident.
If you have been involved in an accident, the other boater will need to fill out their own report – the same requirements will apply to them. The other boater will be telling their own story about what happened in the accident.
These reports are critically important when it comes to determining responsibility for the boating accident. However, they will not be the sole determinant of liability. You will need evidence that is consistent with your story, especially when you will be filing an insurance claim or lawsuit. Your lawyer will investigate the accident and help you build a case that could lead to financial compensation for you and those who were also injured.
In a boating accident case, you must prove negligence to be in a position to receive financial compensation for your injuries. You need to show that someone else did something that would be considered unreasonable under the circumstances. You may be able to sue the operator of the boat that you were on when you were injured. If you were on a boat that was involved in a crash, you may be able to file a claim or lawsuit against the other boater. They would owe you a duty of care, and they could be financially responsible if they fail to uphold it.
Once you are able to prove your case, you could receive a settlement offer from the insurance company, or a jury award if you have filed a lawsuit. The responsible party must put you in the same position that you would have been in had the accident never occurred at all.
If you have been involved in a boating accident, you cannot afford to lose any time. You need an attorney to represent you in your personal injury case immediately. Many things could happen in the legal process before you are ready. There is no risk or obligation when you contact an attorney at The Cartwright Law Firm to schedule your free initial consultation. You can reach out to us online or call us today at (415) 433-0444. You owe us nothing unless you win your case.
