Sacramento Injury Attorney Blog

News reports that Operation Dry Water kicks off this weekend in an effort to prevent boating accidents caused by boating under the influence (BUI). From June 24 to June 26th, marine law enforcement will be out in force patrolling Sacramento and California lakes and rivers, searching for those BUI.

The show of force is part of an annual campaign focused on reducing the incidence of boating accidents. If you have been injured in a boating accident, it is critical to contact a dedicated Sacramento boat accident lawyer to discuss your rights and explore your next steps.

Statistics reveal that more than 17 percent of boating fatalities are relating to alcohol use. California law prohibits operating a boat with a blood alcohol level of .08 percent or higher. Despite laws restricting operating a boat wile drinking, California does not have an open container law prohibiting alcohol on board. As the result, often boating creates a "party atmosphere" leading to reckless and negligent behavior. Whether you are a driver or passenger, it's a good idea to remain sober while on board.

Continue reading "Sacramento Boating Under The Influence Campaign Underway To Prevent Boating Accidents " »

Earlier this month, a Butte County Superior Court jury returned a $30.9 million verdict against a boat driver and a boat manufacturer in a Lake Oroville boat accident. The accident occurred while a group was on the 24-foot-long wakeboarding boat. During a wakeboarding run, many passengers were sitting in the front of the boat. When the driver turned the boat around to recover the wakeboarder, water came into the boat. Two female passengers were swept off the craft and struck by the propeller.

According to news reports, the jury determined that the boat's design defects played a substantial factor in the accident and that MasterCraft should have reasonably foreseen how the X-45 was going to be used. As a result, the jury determined that the boat manufacture was 80% at fault for the accident, and the driver was 20% at fault.

If you have been injured in a boating accident or other recreational vehicle accident, it is important to speak to a knowledgeable Sacramento boat accident attorney to investigate all the circumstances surrounding the case and determine your next steps.

Although here the jury determined the driver was partly to blame, the jury was swayed by arguments that the design errors such as ladder holes in the hull, the hull design and the failure to perform adequate testing on the design of the boat were more significant contributions to the accident.

Continue reading "Butte County Jury Finds Boat Manufacturer Responsible In Lake Oroville Boat Accident" »

With Memorial Day marking the unofficial kickoff of summer, it is important to remember a few boating tips and to be aware of potentially new risks and hazards in the Sacramento area waterways. In fact, as stated by Sacramento County Parks Director Janet Baker, Sacramento's American River is a "different river" this year - with colder water and swifter currents than in previous years. As a result, officials are warning boaters to be wary of faster conditions in order to avoid being injured in a boating accident.

If you or a loved one is injured in a boating accident, it is important to contact an experienced Sacramento boat accident attorney to investigate the circumstances surrounding the incident and help you obtain the compensation you deserve.

When people plan to spend the day boating, an accident may be the furthest thing from their mind. However, boating accidents can result in serious injuries or deaths so proper planning is critical. In fact last year alone, 570 boating accidents occurred in California, resulting in 236 injuries and 49 deaths.

Continue reading "Safety Precautions Necessary To Avoid Sacramento Boat Accidents" »

A woman injured in a slip and fall accident while on a Carnival Cruise was awarded $2.998 million. A federal judge determined the cruise line had known about several prior accidents on the resin surface it installed on its pool deck - both on this ship and on other ships. The surface was hard and slippery as ice, leading the woman to fall and suffer a fractured patella. As a result of the fall, she needed six surgeries and will require one to two total knee replacements.

When boat accidents occur - whether a privately owned boat or a commercially owned cruise ship - the laws governing your right to recover damages and the boat owner's responsibility for reporting and providing medical attention may be complex. An experienced boat accident litigation lawyer can provide needed answers and help you obtain the compensation you are entitled to.

Here after initial discovery the cruise line admitted liability, leaving only the question of damages for trial. However, often times boat owners or operators will deny any wrongdoing requiring a skilled boat accident lawyer to show that it was the owner or operator's failure to use reasonable care that caused the accident. This may be shown in the same manner as for any personal injury - i.e. was the boat owner or operator careless or reckless and did this carelessness or recklessness injure the passenger? Where the negligence of a boat owner or operator causes an injury, compensation may be recovered.

Continue reading "Boat Accident Leads To $2.998 Million Judgment " »

San Francisco news reports that the Carnival Cruise Ship damaged after catching fire during a voyage in November will set sail out of its San Francisco port next week.

The ship's problems gained national attention after catching fire while out at sea. While no one was reported injured, passengers were stuck at sea for three days. Coast Guard assistance was required to bring in food, water, and medical supplies.

If you have sustained injuries in a boating accident - whether on a personal watercraft, cruise ship or a commercial boat - a complex set of laws govern filing a lawsuit and obtaining compensation. It is critical to contact a experienced California boat accident lawyer to advise you regarding your rights.

Many times a combination of laws govern when a lawsuit must be filed, where it can be filed, and who may be found responsible. When cruise ships are involved, a contract may exist requiring you to file your lawsuit in a specific state. If the cruise ship originates out of a foreign country, it may be necessary to look to international law.

Continue reading "After Boating Accident, San Francisco Cruise Ship Set to Sail " »

The Sacramento Bee reports that in order to decrease the number of boating accidents in Lake County and throughout the Sacramento County area, the Lake County Sheriff's Marine Patrol will set up a boating under the influence (BUI) checkpoint this Saturday, July 24 on Clear Lake.

The Marine Patrol aims to reduce alcohol -related accidents and enforce boating laws on Clear Lake. At the checkpoint, boaters will be asked some brief questions. Boat operators will be detained longer for testing if they show signs of intoxication or impairment.

The U.S. Coast Guard reports that in 2008, alcohol use was the leading contributor to boating accidents, and the leading factor in 17% of fatalities.

Alcohol has been shown to seriously impair boater's vision, which in turn may lead to serious accidents. Recreational boaters are often less experienced on the water than drivers on the highway, and their lack of experience is exacerbated by alcohol use.

The USCG suggests bringing non-alcoholic beverages on board, keeping plenty of food and snacks and avoiding excessive fatigue.

Although alcohol is a leading contributor to boating accidents, other factors play a role including excessive speed, driver distractions and reckless conduct.

Continue reading "Sacramento County Sets Up Checkpoint To Eliminate Boating Accidents" »