Lake Berryessa is a great destination for those wanting to enjoy the water or the amazing views. The 16-mile long lake is a little over an hour-and-a-half drive from the Bay Area and Sacramento. It’s also an easy trip from Napa Valley.
The water sports, camping and fishing, and relaxing you can do around Lake Berryessa are well worth the drive. As with any outdoor adventure, you must be prepared for accident dangers that might arise. On a lake, boating around other visitors, there’s always the chance someone gets reckless and leaves you or a family member to suffer a serious injury.
When you or a loved one are hurt on or around the lake, it’s important you know the benefits available to you through a California boating accident injury claim.
Boating Accident Dangers on Lake Berryessa
Enjoying a trip to a beautiful mountain lake can come along with some natural hazards that any venture outdoors brings. Yet, it’s usually the carelessness of others that will leave you vulnerable to a dangerous incident and injury.
Boaters can be inexperienced skippers and travel too fast or make dangerous turns that leave your boat or a family member in their path. Where boat collisions are concerned it’s often thought that both boat drivers involved are a little bit at fault, but when your boat is sitting still and struck, there’s little doubt of who’s to blame.
Lake Berryessa is also home to numerous resorts and marinas, and those businesses can also be negligent in creating hazards that might cause an accident. They owe all customers a duty of care. When slippery marinas are causing people to fall to break a hip or take a blow to the head, their owners can be held accountable for recovery costs.
If a boat rental company rents you a poorly maintained and unsafe watercraft, they can be held liable for accidents. If your boat doesn’t have the proper safety equipment onboard and you are hurt, they may be fully liable for your recovery.
Boating and Alcohol and Drug Use on California Lakes
The California Division of Boating and Waterways, and other law enforcement officers work to keep California lakes safe by checking boaters for intoxication.
According to the U.S. Bureau of Reclamation that maintains Lake Berryessa, it’s estimated that 75% of boating fatalities across the nation can be directly attributed to alcohol.
Like a car accident, the blood alcohol of those operators at fault is quickly considered after a boating accident. The legal limit for boat operators is the same as for motorists. You can’t have a blood alcohol content (BAC) of .08% or more.
Boat drivers found guilty of Boating Under the Influence (BUI) of drugs or alcohol can face large financial penalties and the loss of a boating license. Prison time is also possible if an accident causes the injuries or deaths of victims.
A BUI suspect may face charges and a criminal trial, but victims and their families don’t have to wait on the outcome to move forward with a boating injury claim. This civil claim targets the boater’s insurance company and will be resolved separately.
What To Do After a Boating Accident on Lake Berryessa
If you are involved in a boating accident on Lake Berryessa, you’ll want to gather as much evidence as possible for when you must file a claim with an insurance company for help.
Some of the most powerful evidence proving you weren’t to blame for your accident will be available in the moments after a collision. If possible, try to secure these details on the scene:
- Call 911 or if phones aren’t working, send up a distress signal. Make sure everyone on your boat is accounted for. Provide those in the boat and outside the boat with floatation devices. Tell officers everything you remember about the accident. Let paramedics check out all injuries. Go to the hospital if necessary.
- Take photos of the boats. Show the damage to boats. Show any visible injuries. If you see signs that the other boat operator has been partaking in alcohol or drugs, take photos. Show any beer cans or liquor bottles you see.
- Exchange information with the other boat operator. Get boat registration information and insurance information if available.
- Talk to witnesses. If there are witnesses in other boats or on land, get their contact information.
- Preserve evidence. Save all damaged personal property. Don’t throw out bloody clothing and don’t get rid of a damaged boat.
- See your physician. After an accident, get yourself and your family members checked out by your family doctor. The shock of an accident can mask the pain from an injury until a day or two after the incident. Save all medical invoices.
California Boating Injury Claim Deadlines and Compensation
California grants boating accident victims up to two years after the incident to file an injury claim. Waiting beyond this date will usually mean the case is rejected.
When a California Boating Accident Lawyer secures compensation for victims through a settlement, victims should receive full compensation for every medical bill they’ve accrued. They must also receive reimbursement for the time they’ve missed at work. Physical pain and emotional trauma experienced in the accident or in recovery can also increase the settlement totals involved.
Families who have unfortunately lost a loved one in a tragic lake accident are also protected under California law. Close family members are encouraged to file a wrongful death claim against an at-fault party. This claim seeks to earn money for funeral and burial costs. It also hopes to provide aid to close family members in the future when they’ll be without the financial support a victim would have provided.
Contact a Napa County Boating Accident Lawyer
If you or a loved one are hurt due to someone’s negligence on or around Lake Berryessa, you must stay informed of the benefits available to you and your family. Insurance companies won’t be telling you about this support, but a free consultation with a California Boating Accident Lawyer will make sure you know your rights as a victim.
Contact a skilled personal injury lawyer like Martin Gasparian, the founder of Maison Law. He offers a free, no-obligation case evaluation to all victims and their family members. If you choose Mr. Gasparian to represent your boating injury claim, you won’t need any money. He doesn’t get paid unless he wins your case.