Maison Law represents drowning accident victims in Bakersfield. With its location in Kern County, the city has access to a number of different water sources and activities, including those that happen in the Kern River and others in the area. To learn more about your legal options in this situation, contact us today for a free consultation.
When Would You Need a Lawyer?
Being in a drowning accident at a river in Bakersfield is certainly troubling. Even if you survive, it’s likely to leave you with life changing injuries. However, every accident is different. So, whether or not you need our team on your side depends on your situation. If your injuries or accident are only minor in nature, you probably don’t need our lawyers–even though we’d gladly help you.
Again, it’s worth repeating that drowning accidents are usually serious and can even result in death. The more serious the injuries or the more questions you have about who’s responsible, the more our team can help you.
Here’s what we do:
- Explaining your options – In our free initial meeting, we’ll talk about what happened and what you can do next, like filing an insurance claim or a lawsuit. We’ll also explain how these processes work.
- Gathering all the facts – We’ll collect records and reports to understand exactly what happened. This helps us figure out how much damage was done and who might be responsible.
- Making things easier – Dealing with injuries is tough enough, so we’ll handle the legal responsibilities while you focus on getting better.
If you want to explore your legal options further, we’ll be here to help. Before you get to that point, though, it’s important to look at the circumstances of your particular drowning accident.
How Do Drowning Accidents Happen in Rivers?
A huge aspect of your potential legal claim is going to involve liability, and this depends heavily on the circumstances–more specifically, how and where the accident happened. The Kern River is the main river in Bakersfield, meaning that there’s a lot of access and ability to partake in activities like:
- White-water rafting
- Kayaking
- Swimming
- Fishing
Obviously, this can be fun, but can also result in drownings. But it’s the scenario that tells you whether or not you have legal options. Here’s a few ways that drownings happen on the Kern River:
- Lack of supervision or barriers
- Failure to warn you about strong currents or underwater hazards
- Failure to maintain swimming areas or docks
- Poor training or improper certification
- Failure to enforce safety rules or policies
- Reckless driving of boats or other watercraft
Liability
In terms of legal liability, these above actions constitute negligence. And negligence is the key in determining liability–or legal responsibility for covering your injuries and other damages. Now, it’s important to look at where the accident happened to further nail this down.
Most access to the river is on public land, meaning the city or state government will bear primary responsibility in the event of an accident. However, if your accident happens on private land–like someone’s backyard dock–it’s the homeowner or property manager that may find themselves liable. Then, depending on the circumstances, there’s others that could share the liability:
- Boat or watercraft operators
- Tour guides or companies
- Third parties that contributed or failed to help
- Product manufacturers
Figuring out liability is a key part of your claim because it often sets the course of your entire case. It also tells you who is legally responsible for paying for your damages, which in a drowning, can be extensive.
What You Need to Do After a Drowning Accident at a River?
After a drowning incident, coping with the aftermath can be daunting and distressing. Whether you’re directly impacted or simply a witness, feelings of helplessness can be overwhelming. However, there are crucial steps to take to safeguard any potential claim:
- Get help – If you’re struggling in the water, call out for help right away. Even if you don’t feel seriously hurt after leaving the water, it’s important to see a doctor quickly to check for any hidden problems. Make sure someone calls an ambulance so you can get medical care at the scene, as well.
- Report what happened – Tell the property owner or someone in charge about the accident. Also, let the operator of any boats or equipment involved know. Reporting what happened helps everyone respond effectively.
- Document the event – Write down important details like when and where it happened, the weather, and what caused the accident. If you can, take pictures or videos too.
- Exchange contact details – If others were involved, share phone numbers and insurance info. This helps with communication and handling any claims.
- Preserve evidence – Keep any equipment or damaged items from the accident site that might help figure out what happened or with insurance claims.
Legal options
Because it’s a personal injury claim at its core, a drowning accident follows the same procedure as any other type of accident in Bakersfield. Even though the circumstances are somewhat unique, you, as the injury victim, have the option to file a legal claim against the responsible party. Generally, you do this by filing an insurance claim or personal injury lawsuit, sometimes both.
The purpose of a claim is to recover certain “damages” relating to your injuries and other losses. In a typical drowning accident, this might include:
- Medical expenses and treatment costs
- Costs for ongoing care needs and assistive medical devices
- Lost income or earning potential
- Financial support for the physical pain and suffering you went through, as well as for the emotional distress from the accident
- Financial considerations for your loss of enjoyment of life or companionship
- Wrongful death expenses, which can include things like funeral or burial expenses, as well as loss of familial companionship
Remember, it’s up to you to show the extent of your damages. Then, what you recover depends on how well you present your case. Our team is well-equipped to help you do this. Also, we’ll make sure you file your claim within California’s statute of limitations, which is currently two years from the date of the accident.
Drowning Accident Victims in Bakersfield Can Trust Maison Law
It’s normal to feel overwhelmed when there’s a drowning accident. Whether this happens in the Kern River or any other river around Bakersfield, our team at Maison Law can help you through the recovery process. Don’t wait–contact us today to set up your free consultation to get started.
