What Should You Do If Your Boat Capsizes?
cartwrightlaw - December 12, 2022 -
If you are on a boat and it turns over, the first thing you should not do is panic. Thinking better will allow you to take all the other recommended steps and get safely back to your boat or land. If you need legal assistance related to a boating accident, you can contact with San Francisco boating accident lawyers.
Why Did the Boat Capsize?
The first important question is to figure out why the boat capsized. The answer isn’t always easy since the reason can be one of many. The rollover may have resulted from a strong wave, gust of wind, or even the movement of weight on the boat. An unbalanced load can cause the boat to be unstable and flip over in the right conditions. However, many boats capsize because of the negligence of one or more parties, including a possible violation of boating regulations by one or more operators.
What to do if your boat capsizes?
As we mentioned at the beginning, first step is to remain calm and don’t panic. Keeping calm will help you keep a clear head so you can think better.
Next, look for other people – if there were any on the boat with you. If there weren’t any others, and you can access your emergency kit, signal for help. If there are others in the water with you, try to see if they are okay before you start signally.
Keep your head above water. Start by holding your breath to inflate your lungs. Then, try to find something that floats that you can hold onto. Keep kicking your legs with one hand on the boat or other floating object and one stabilizing you. Once you have a good grip and are vertical, you can try to get back on the boat.
Remove any clothing that will make it difficult to swim. If your clothes are dry and not restrictive, keep them on; if they aren’t dry and restrict your ability to move, take them off as soon as possible.
If you can reach the boat, try to grab onto anything that floats and will keep you afloat. Stay calm and call for help. Stay with the boat as long as you can. It may give you a surface to float on and is also visible.
Signal for help. You can blast the boat’s horn continuously. Also, create an SOS signal with anything that will work for that purpose. If you have them, use your rescue flare or flare gun to attract attention.
Once you’ve done these things and received proper medical care for your injuries, consider the following.
Contact a Boating Accident Attorney in Discovery Bay
Once you begin your medical treatment and know what injuries you face, you should consider consulting with an attorney who handles cases like yours. The attorney will ask many questions to assess whether you have a potential boat injury claim. Speaking with a boating accident law firm as soon as possible about a potential case is one of the most important steps you can take, aside from medical care.
Who Owned the Boat?
Was the boat a rental, or did you own it personally? If the former, then you will need to report it to the rental agent. If the latter, you should report it to your insurance company. In either case, if the capsizing included:
- a death
- a missing person,
- n injury requiring medical treatment
- the destruction of the boat
- your boating accident involved another boat and suffered damage in excess of $2,000
Then, under federal law, you or the owner must file a boating accident report with the California reporting authority.
California requires a boater involved in an accident to submit a written accident report to the Division of Boating and Waterways if there was a death, disappearance, serious medical injury, or property damage in excess of $500. If the boat is lost, you must file a report with the state. If a death occurred, you must file the report with the state within 24 hours. With a disappearance or severe injury, you must file the report within 48 hours.
If anyone dies more than 24 hours after the accident and when there is only property damage over $500 or complete loss of a vessel, you can file the report within ten days.
Was the Boat Defective?
After you have returned to dry land, you may be thinking about recovering damages from your insurance policy for the flip over. You or your passengers may have suffered injuries. Moreover, there may be damage to the boat itself.
The boat’s manufacture or design may have caused the rollover. Your attorney can help to follow up on this and will also know how to take legal action for recovery if the boat is defective.
Was It Poorly Repaired?
Similarly, if you recently had your boat repaired, you or your attorney will want to examine the quality of the repairs. Poorly done repairs may have caused the conditions that resulted in your boat capsizing.
Did Another Boater Cause the Accident?
Your attorney will also want to know whether another boater may have caused the accident. If so, that party may be liable for your damages. Your attorney will have handled cases like this before and will know how to negotiate or, if necessary, litigate to recover your costs and damages.
Was Anyone Injured?
If anyone suffered an injury in the accident, the time to report it is limited, as discussed above. But, there will also be liability issues here, especially if the injuries are severe or life-changing. Once again, your experienced boating accident attorney will be a great help in dealing with these issues.
Was the Boat Damaged?
If the boat was damaged, the repair costs can be covered by the owner’s insurance if you are not the owner. They may also be covered by your insurance whether you are the owner or not. Finally, if another boater negligently caused your boat to capsize, then they will be liable for your damages.
Let an Experienced Discovery Bay Boating Accident Attorney Handle Your Case
If you or a loved one suffered an injury in a boating accident, contact The Cartwright Law Firm online or call (415) 851-6486 to schedule an initial consultation and case evaluation. You need to focus on your physical and emotional recovery. Let us handle the financial recovery.
If you are on a boat and it turns over, the first thing you should not do is panic. Thinking better will allow you to take all the other recommended steps and get safely back to your boat or land. If you need legal assistance related to a boating accident, you can contact with San Francisco boating accident lawyers.
Why Did the Boat Capsize?
The first important question is to figure out why the boat capsized. The answer isn’t always easy since the reason can be one of many. The rollover may have resulted from a strong wave, gust of wind, or even the movement of weight on the boat. An unbalanced load can cause the boat to be unstable and flip over in the right conditions. However, many boats capsize because of the negligence of one or more parties, including a possible violation of boating regulations by one or more operators.
What to do if your boat capsizes?
As we mentioned at the beginning, first step is to remain calm and don’t panic. Keeping calm will help you keep a clear head so you can think better.
Next, look for other people – if there were any on the boat with you. If there weren’t any others, and you can access your emergency kit, signal for help. If there are others in the water with you, try to see if they are okay before you start signally.
Keep your head above water. Start by holding your breath to inflate your lungs. Then, try to find something that floats that you can hold onto. Keep kicking your legs with one hand on the boat or other floating object and one stabilizing you. Once you have a good grip and are vertical, you can try to get back on the boat.
Remove any clothing that will make it difficult to swim. If your clothes are dry and not restrictive, keep them on; if they aren’t dry and restrict your ability to move, take them off as soon as possible.
If you can reach the boat, try to grab onto anything that floats and will keep you afloat. Stay calm and call for help. Stay with the boat as long as you can. It may give you a surface to float on and is also visible.
Signal for help. You can blast the boat’s horn continuously. Also, create an SOS signal with anything that will work for that purpose. If you have them, use your rescue flare or flare gun to attract attention.
Once you’ve done these things and received proper medical care for your injuries, consider the following.
Contact a Boating Accident Attorney in Discovery Bay
Once you begin your medical treatment and know what injuries you face, you should consider consulting with an attorney who handles cases like yours. The attorney will ask many questions to assess whether you have a potential boat injury claim. Speaking with a boating accident law firm as soon as possible about a potential case is one of the most important steps you can take, aside from medical care.
Who Owned the Boat?
Was the boat a rental, or did you own it personally? If the former, then you will need to report it to the rental agent. If the latter, you should report it to your insurance company. In either case, if the capsizing included:
- a death
- a missing person,
- n injury requiring medical treatment
- the destruction of the boat
- your boating accident involved another boat and suffered damage in excess of $2,000
Then, under federal law, you or the owner must file a boating accident report with the California reporting authority.
California requires a boater involved in an accident to submit a written accident report to the Division of Boating and Waterways if there was a death, disappearance, serious medical injury, or property damage in excess of $500. If the boat is lost, you must file a report with the state. If a death occurred, you must file the report with the state within 24 hours. With a disappearance or severe injury, you must file the report within 48 hours.
If anyone dies more than 24 hours after the accident and when there is only property damage over $500 or complete loss of a vessel, you can file the report within ten days.
Was the Boat Defective?
After you have returned to dry land, you may be thinking about recovering damages from your insurance policy for the flip over. You or your passengers may have suffered injuries. Moreover, there may be damage to the boat itself.
The boat’s manufacture or design may have caused the rollover. Your attorney can help to follow up on this and will also know how to take legal action for recovery if the boat is defective.
Was It Poorly Repaired?
Similarly, if you recently had your boat repaired, you or your attorney will want to examine the quality of the repairs. Poorly done repairs may have caused the conditions that resulted in your boat capsizing.
Did Another Boater Cause the Accident?
Your attorney will also want to know whether another boater may have caused the accident. If so, that party may be liable for your damages. Your attorney will have handled cases like this before and will know how to negotiate or, if necessary, litigate to recover your costs and damages.
Was Anyone Injured?
If anyone suffered an injury in the accident, the time to report it is limited, as discussed above. But, there will also be liability issues here, especially if the injuries are severe or life-changing. Once again, your experienced boating accident attorney will be a great help in dealing with these issues.
Was the Boat Damaged?
If the boat was damaged, the repair costs can be covered by the owner’s insurance if you are not the owner. They may also be covered by your insurance whether you are the owner or not. Finally, if another boater negligently caused your boat to capsize, then they will be liable for your damages.
Let an Experienced Discovery Bay Boating Accident Attorney Handle Your Case
If you or a loved one suffered an injury in a boating accident, contact The Cartwright Law Firm online or call (415) 851-6486 to schedule an initial consultation and case evaluation. You need to focus on your physical and emotional recovery. Let us handle the financial recovery.
“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