How Boat Accidents Differ from Car Accidents

Boating accidents aren’t as common as car accidents because the number of people who own boats is vastly smaller than those who own cars. It’s also a common misconception that boating laws are much laxer than driving laws because of this. However, laws are just as strict because people tend to use boats more recreationally than seriously. This kind of thinking leads to careless and negligent behavior which then causes avoidable accidents.  

If you’re injured on a boat or by a boat near the Colorado River, it’s best to find a personal injury lawyer in San Bernardino, like Vaziri Law, LLP. Our team of lawyers are dedicated to getting our clients the compensation they deserve!  

Accident Classifications  

Car accidents are primarily governed by state traffic laws and insurance regulations.  

Boating accidents often fall under federal maritime law, state waterway laws, and even local regulations. The complexity of boating laws can make injury claims more challenging to navigate compared to typical car accident cases.  

How Long Do I Have to Report a Boat Accident in California 

Certain boating accidents must be reported to the California State Parks Division of Boating and Waterways (DBW) within:  

• 48 hours- If someone died within a 24-hour period, someone disappeared under circumstances indicating death or injury, or an injury that requires a professional to treat.  

• 10 days– If the accident only involves property damage over a certain threshold, loss of a vessel, or a death over 24 hours after the accident. You must also report if the combined damage to vessels and property exceeds $500 or if a vessel is a complete loss.  

How Long Do I Have to Report a Car Accident in California 

Certain car accidents must be reported to the California Department of Motor Vehicles (DMV) within 10 days if there was bodily injury, death, or property damages totaling over $1000. 

Car accidents must be reported to California Highway Patrol (CHP) or local police within 24 hours of there was bodily injury or death. This is also the same protocol for hit-and-run accidents. 

How Common Are Car and Boating Accidents?  

Car accidents are more common than boat accidents due to our widespread usage of cars over boats. These are the most recent statistics:  

• Boating Accidents– According to the Coast Guard, in 2024, there were 3,887 reported accidents that resulted in 556 deaths, 2,170 injuries, and 88 million dollars of property damage. 

• Car Accidents– The National Safety Council (NSC) estimates there were approximately 39,600 car crashes in the country that resulted in 42,789 deaths and/or injuries with 9,700,000 instances of property damage and injury.  

Failing to report a car or boat accident can lead to fines or legal complications. To avoid this, report the accident as soon as possible. 

If your accident was caused by another party’s negligence or recklessness, a personal injury lawyer in San Bernardino can help.  

Common Boat Accidents 

• Speeding– If a boat starts speeding, they can cause a collision with other boats, swimmers, or even the seabed or a submerged object. 

• Capsizing– This is when a vessel overturns. This happens from improperly loaded cargo or poor weather conditions.  

• Personal Watercraft Incidents– These accidents are a result of an operator’s competence and safety compliance. Often, the operators involved in these cases are newer or younger than most operators.  

Common Car Accident Causes 

• Speeding- When vehicles drive over the speed limit, they run the risk of crashing into other vehicles, property, or pedestrians.  

• Distracted Driving- This happens when drivers are distracted using their phones, eating, smoking, or anything else besides focusing on the road, and run the risk of crashing. 

• Drowsy Driving- When drivers are sleepy behind the wheel, it can lead to crashes. 

Under the Influence Laws 

It’s a common misconception that drinking while on a boat is not as serious as drinking in a car. However, they’re both equally dangerous due to the potential for danger they both bring.  

California has strict laws against operating vessels under the influence of alcohol or drugs, called Boating Under the Influence (BUI) and Driving Under the Influence (DUI) laws in place. 

BUI and DUI penalties are very similar. They both come with fines, license or boating privilege suspension, mandatory education programs, probation, and potential jail time. These penalties vary by state.  

California BUI Penalties  

The first BUI offense, or the first one in seven years, comes with up to six months in jail and $1,000 in fines. The court can also order the completion of a substance abuse education or treatment program. 

A repeat BUI offense within seven years of the first offense comes with up to a year in jail and $1,000 in fines. The court can order an 18- or 30-month substance abuse treatment program as well.  

If someone was endangered, injured, or killed because of an intoxicated operator, the charges will become more severe.  

California DUI Penalties  

The first offense comes with a total cost of $1,800 up to $3,000, 6 months in county jail, 6-month license suspension, a 3-month mandated DUI school, 3 to 5 years of probation, and ignition interlock device (IID), and vehicle impoundment. 

What’s an Ignition Interlock Device? 

An IID is a device attached to your vehicle’s ignition. Every time you try to start your care, you must breathe into it. If the IID detects alcohol in your breath, the car will not start. The car will also periodically mandate drivers to provide breath samples to make sure the driver is still sober while operating the vehicle.  

I’ve Been Injured in an Accident. What Do I Do?  

Fortunately, reporting accidents is similar for both car and boat accidents. All you need to do is report it to your insurance company, the police, and/or the government office related to the vehicle in question.  

How to Report an Accident 

After calling the police, all involved parties must take the following steps to ensure that their accident report is as accurate as possible.  

1. Exchange information– Exchange contact, insurance, and vessel/car information with the parties involved in the accident to know who you will be reporting. 

1. Take photos and/or videos– Taking video and/or photos of the scene, injuries, and any damages are valuable pieces of evidence to present to your insurance adjuster. 

1. Call the paramedics– If people are severely injured or go overboard, calling emergency services is imperative. Having medical professionals at the scene can also help with documenting any other injuries for you.  

Do I Need a Personal Injury Lawyer?  

If you’ve been injured in a car or boating accident, talking to a personal injury lawyer in San Bernardino would be in your best interest. In many cases, insurance companies want to settle sooner rather than later to avoid properly compensating you.  

What Do I Need to File an Accident Case?  

Evidence. Most of it would have been collected at the scene of your accident, at the doctor, and/or through your pay checks. Present your lawyer with all the documents you can that relate to your accident. If the attorney believes you have a case, they will walk you through the process and what you can expect from your case. 

FAQ 

Do I Need a License to Drive a Boat? 

Yes! As of January 1, 2025, all boaters require a California boat license. You must be at least 16 years old to apply. All applicants must take educational courses before applying. 

Is Liability Different Between Car and Boat Accidents? 

No. Finding liability in a vehicle accident is generally the same. A personal injury attorney in San Bernardino will use the evidence at their disposal to find liability no matter the vehicle.  

The only difference is that California does not require boats to have insurance, but most marina slip agreements require $300,000–$500,000 liability, and California State Parks marinas require coverage. This is like an uninsured car having a surety bond at the DMV.  

Which Investigation is More Difficult?  

Both car and boat accidents can be difficult to investigate for many reasons. Boat accidents happen in open waters where there is rarely any surveillance. Boat accident investigations rely on GPS information, witness testimony, and the weather.  

Car accident investigations are easier to conduct because roads are constantly surveilled and more people are out on the streets than in open waters.  

How Can I Stay Safe in a Vehicle?  

Following traffic rules, focusing on the road and wearing a seat belt are the top ways anyone can stay safe on the road. In open waters, it’s best to follow laws, local ordinances, stay focused on the water, and wear a life jacket.  

Do Accidents with a Jet Ski or Personal Boat Have the Same Rules as Accidents with Boats? 

Boats and jet skis have different regulations. Boat regulations are much stricter than jet skis. The main difference is that jet skis often have more inexperienced people operating them and less witnesses.  

Boats often carry multiple witnesses and have more laws to follow. Because of this, an accident with a jet ski can offer much less compensation compared to a boat.  

If you find yourself injured in a car or boat accident, contact Vaziri Law, LLP, today! We offer free consultations to help you get the compensation you deserve!