Stockton Injury Lawyer Blog

A California boat accident over the weekend raises several questions concerning the responsibility of the charity who sponsored the sailing event. As a result of the accident, a 73-year-old man and his 48-year-old son died when the boat they were in capsized off the coast of San Diego. A third passenger was seriously injured.

If you have been injured in a boating accident, it is critical to contact an experienced California boat accident lawyer to investigate the incident and help you obtain the compensation you deserve.

Here, questions have been raised concerning whether the "Heart of Sailing" foundation, a charity that has sailed with thousands of special needs children, was partly to blame for the incident. Initial reports reveal that the boat may have been overloaded, although the charity's president denies this assertion.

Whenever a serious accident occurs, people are quick to search for answers and place blame. Often an in-depth investigation is needed. Here, whether the boat was in fact overloaded is a critical factor. Other issues include whether negligence occurred in sailing the boat, including preparation and boat maintenance. Whether any boat defects exist must also be investigated.

Continue reading "California Boat Accident Raises Issues Of Fault" »

All too often, we feel our eyes becoming heavy and we lose focus on the road for just a moment. In that split second of time, a tragic accident causing life altering injuries can occur.

As stated in a recent Washington Post article, "Fatigue cannot be measured likely the level of alcohol in a person's system, but it is frequently cited by investigators as a factor in accidents in the air, on the water and on railways and highways."

In fact, 320 fatigue-related incidents have taken nearly 750 lives in airplane accidents over the last several years. Countless more lives have been lost in car, trucking, boating and other types of transportation accidents. In fact, in trucking accidents, fatigue is a bigger contributor to accidents than drug and alcohol use. Similarly boating, rail and car accidents have all been linked to exhaustion.

When people are tired, they react more slowly, struggle with attention lapses and take more unnecessary risks. Despite the universal recognition that fatigue and transportation is an issue that needs to be addressed, few National Transportation Safety Board (NTSB) recommendations and proposals have been adopted.

As NTSB regulators explain, "The problem is compounded by a culture 'that places a lot of value on burning the midnight oil."

Safety advocates hope that in the near future, operating under the influence of fatigue will become just as unacceptable as operating under the influence of drugs or alcohol is now.

Continue reading "Fatigue Linked To California Transportation Accidents" »

With the Fourth of July weekend upon us, the U.S. Coast Guard is heightening its efforts to educate the public about wearing lifejackets while boating. In Lake County, California, the Coast Guard Auxiliary Flotilla 88 has been passing out free lifejackets to Lake County youth and providing boat safety classes at elementary schools.

Such measures are necessary. According to the National Safe Boating Council (NSBC), California has the third highest incidence of boating deaths in the country, and is second for reported accidents. In 2008, 45 deaths and 520 injuries were reported.

California law requires children under the age 13 to wear a life jacket, and a jacket must be on board for each passenger.

The Lake County Bee reports the most common reasons for accidents include:

• Careless/reckless operation
• Operator inattention
• Operator inexperience
• Passenger/skier behavior

In fatal accidents, alcohol use is common.

Continue reading "California Ranks Third For Boating Deaths" »

Memorial Day weekend marks the traditional start of summer, and the Modesto Bee reports that local officials are speaking out against the dangers of boating on the Central Valley's waterways without a life jacket.

According to the National Safe Boating Council, 520 boating accidents were reported in California in 2008, along with 45 deaths.

California law requires anyone under the age of 13 to wear a life jacket while boating.

Other safety precautions include:

• Always ensure you are prepared. This means having the right safety equipment on board as well as basic first aid kits.
• Check the weather before you head out. Storms with thunder and lightening can crop up in an instant.
• Do not exceed your boat's capacity in weight or horsepower.
• Passengers should remain seated.

For a complete list of boating safety tips, see the California Department of Boating and Waterways.

Unfortunately, boating accidents can and do occur. When an accident does occur, certain circumstances such as significant personal injury or boat damage require that you must file a report.

Continue reading "Prevent Serious California Boating Accidents By Wearing Life Jackets" »

According to the Today New's Herald, a California man, Adnan Karaby, was injured after he fell off the bow of a pontoon boat and into the pathway of an oncoming motorboat. Karaby fell overboard after the pontoon boat encountered several waves. Fortunately, he wasn't seriously injured, although he sustained multiple lacerations to his leg and dislocated his finger.

In the Stockton area and throughout California, April 1 marks the official beginning of boating season. Following a few safety tips can help prevent boating accidents such as Mr. Karaby's, and help ensure the safety of California's waterways.

Some guidelines covering California state park waterways in the Stockton area include:

• Don't ride on the bow of any vessel.
• Have a personal flotation device for everyone on board the boat. Children under 12 must wear their life jackets.
• Obey speed limits - typically 35 mph in open areas and 5 mph in restricted areas.
• You must be 16 years old to drive a boat. Minors 12-15 can drive a boat if accompanied by an adult.

Continue reading "California Man Injured In Copper Canyon Boating Accident" »