Life Jacket Laws in California
cartwrightlaw - April 27, 2023 -
Boating safety depends on boaters and their passengers. When one boards a boat, they should take their own safety measures. One potential requirement is to either wear a life jacket at all times or have one within reach. Not wearing a life jacket could complicate the legal case if one is injured in a boat accident. If you have been involved in a boating accident, you should contact an experienced boat accident lawyer in the San Francisco area today.
Children Need to Wear Life Jackets at All Times
Life jackets are not mandatory for all people on a boat at all times, although it is certainly a good idea to wear one when onboard. In California, the legal requirement is that anyone who is under the age of 13 and is on a moving vessel needs a life jacket at all times. A moving vessel is defined as a boat or any other type of watercraft, including a paddleboat, kayak, or canoe.
These life jacket laws apply to vessels that are less than 26 feet in length. The life jacket must be approved by the Coast Guard.
Adults Need to Have Life Jackets Within Reach
The life jacket requirements for adults are not as strict. A vessel must carry one life jacket, and one throwable device, for each passenger onboard when the vessel is 16 feet or more. The life jackets must be within reach of the passengers at all times. The same requirements apply to a canoe or kayak (minus the throwable device). However, adults are not required to wear a life jacket while the boat is in operation.
If the child is not wearing a life jacket, the parent (or the operator of the boat) will be the one who is fined. The fines may be up to $250. California boating laws are enforced by a number of entities, including police officers, park rangers, county sheriff’s officers, and other land use agencies. They can stop a boater if they see someone aboard who is violating life jacket rules. In addition, they may do a random check of the boat to ensure that there are life jackets.
It Makes Safety Sense to Wear a Life Jacket on a Boat
In reality, it is a good idea for anyone on a boat to wear a life jacket. They are necessary for your safety. Most of the victims who drowned in a boating accident were not wearing a life jacket. Knowing how to swim is not necessarily a good reason for not wearing a life jacket. One can never control the conditions in the water, especially when the sea is rough. You also never know when you will have enough time to reach for and put on a life jacket when circumstances change.
In addition, a boater or their passenger may not be in the physical condition to swim when they fall into the water. They may have been injured in a crash, or they could be under the influence of alcohol. The life jacket should keep them afloat until assistance can arrive to pull them out of the water. To put it mildly, wearing a life jacket can only increase the chances of survival in a boating accident. Even if one does not want to wear it at all times, they should have it close by and at the ready when they need it.
The Insurance Company May Try to Blame the Person for Not Wearing a Life Jacket
If you or a loved one have been injured in a boating accident, the insurance company may try to take advantage of the fact that a life jacket was not used to cut what they need to pay. They may even try to get out of paying altogether by blaming your injuries on you. Insurance companies are known for all sorts of tricks to try to protect themselves financially at your expense.
The fact that someone was not wearing a life jacket was not the sole cause of their injuries. Just like motorcyclists can still receive compensation when they were injured when not wearing a helmet, so too can boaters who were not wearing a life jacket. Although wearing a life jacket as an adult is good for safety reasons, you do not have to wear it at all times. Thus, the best that an insurance company would be able to do is pin partial responsibility on a boating accident victim who was not wearing a life jacket.
You Can Receive Boating Accident Compensation When Someone Else Was to Blame
California still allows personal injury victims to receive financial compensation, even if they were partly to blame for the injury. So long as the accident victim is not 100% to blame, they would be able to get some money. Their damages would be reduced by the amount of blame that they bear for their own injury. The insurance company uses this as an excuse to take liberties with your legal rights.
The boater who was responsible for the accident in the first place would still bear a significant share of the blame, provided that you can come up with the necessary proof. A personal injury lawyer could fight for you to still receive the highest possible recovery in your case by both showing that the accident was someone else’s fault and fighting back when an insurance company tries to blame the victim for the accident.
Call a San Francisco Boating Accident Attorney Today
The attorneys at the Cartwright Law Firm have your back when you need us the most. We will handle your case from start to finish, building the evidence that someone else was to blame and fighting for you to receive full financial compensation for your injuries. You must take the first step by reaching out to us for the initial consultation. You can call us at (415) 851-6486, or you can send us a message online. As always, you owe us nothing unless we help you win your case.
Boating safety depends on boaters and their passengers. When one boards a boat, they should take their own safety measures. One potential requirement is to either wear a life jacket at all times or have one within reach. Not wearing a life jacket could complicate the legal case if one is injured in a boat accident. If you have been involved in a boating accident, you should contact an experienced boat accident lawyer in the San Francisco area today.
Children Need to Wear Life Jackets at All Times
Life jackets are not mandatory for all people on a boat at all times, although it is certainly a good idea to wear one when onboard. In California, the legal requirement is that anyone who is under the age of 13 and is on a moving vessel needs a life jacket at all times. A moving vessel is defined as a boat or any other type of watercraft, including a paddleboat, kayak, or canoe.
These life jacket laws apply to vessels that are less than 26 feet in length. The life jacket must be approved by the Coast Guard.
Adults Need to Have Life Jackets Within Reach
The life jacket requirements for adults are not as strict. A vessel must carry one life jacket, and one throwable device, for each passenger onboard when the vessel is 16 feet or more. The life jackets must be within reach of the passengers at all times. The same requirements apply to a canoe or kayak (minus the throwable device). However, adults are not required to wear a life jacket while the boat is in operation.
If the child is not wearing a life jacket, the parent (or the operator of the boat) will be the one who is fined. The fines may be up to $250. California boating laws are enforced by a number of entities, including police officers, park rangers, county sheriff’s officers, and other land use agencies. They can stop a boater if they see someone aboard who is violating life jacket rules. In addition, they may do a random check of the boat to ensure that there are life jackets.
It Makes Safety Sense to Wear a Life Jacket on a Boat
In reality, it is a good idea for anyone on a boat to wear a life jacket. They are necessary for your safety. Most of the victims who drowned in a boating accident were not wearing a life jacket. Knowing how to swim is not necessarily a good reason for not wearing a life jacket. One can never control the conditions in the water, especially when the sea is rough. You also never know when you will have enough time to reach for and put on a life jacket when circumstances change.
In addition, a boater or their passenger may not be in the physical condition to swim when they fall into the water. They may have been injured in a crash, or they could be under the influence of alcohol. The life jacket should keep them afloat until assistance can arrive to pull them out of the water. To put it mildly, wearing a life jacket can only increase the chances of survival in a boating accident. Even if one does not want to wear it at all times, they should have it close by and at the ready when they need it.
The Insurance Company May Try to Blame the Person for Not Wearing a Life Jacket
If you or a loved one have been injured in a boating accident, the insurance company may try to take advantage of the fact that a life jacket was not used to cut what they need to pay. They may even try to get out of paying altogether by blaming your injuries on you. Insurance companies are known for all sorts of tricks to try to protect themselves financially at your expense.
The fact that someone was not wearing a life jacket was not the sole cause of their injuries. Just like motorcyclists can still receive compensation when they were injured when not wearing a helmet, so too can boaters who were not wearing a life jacket. Although wearing a life jacket as an adult is good for safety reasons, you do not have to wear it at all times. Thus, the best that an insurance company would be able to do is pin partial responsibility on a boating accident victim who was not wearing a life jacket.
You Can Receive Boating Accident Compensation When Someone Else Was to Blame
California still allows personal injury victims to receive financial compensation, even if they were partly to blame for the injury. So long as the accident victim is not 100% to blame, they would be able to get some money. Their damages would be reduced by the amount of blame that they bear for their own injury. The insurance company uses this as an excuse to take liberties with your legal rights.
The boater who was responsible for the accident in the first place would still bear a significant share of the blame, provided that you can come up with the necessary proof. A personal injury lawyer could fight for you to still receive the highest possible recovery in your case by both showing that the accident was someone else’s fault and fighting back when an insurance company tries to blame the victim for the accident.
Call a San Francisco Boating Accident Attorney Today
The attorneys at the Cartwright Law Firm have your back when you need us the most. We will handle your case from start to finish, building the evidence that someone else was to blame and fighting for you to receive full financial compensation for your injuries. You must take the first step by reaching out to us for the initial consultation. You can call us at (415) 851-6486, or you can send us a message online. As always, you owe us nothing unless we help you win your case.
“Our successful case results are a reflection of the values and virtues we believe in and uphold at Cartwright Law Firm. Nothing stops us from pursuing justice on behalf of those who need it.
Robert E. Cartwright Jr.
Founder and Managing Partner