Boat Accident Attorneys | John C. Torjesen | Free Consultation | Los Angeles INJURY LAW

BOAT ACCIDENTS & INJURIES

BOAT ACCIDENTS:

Boats are such a part of summertime pleasures that we forget the harm they can and do cause.
Nationwide, there were 674 fatalities from boat accidents in 2004, and 2,054 total casualties (injury and death) in 2004. Coast Guard statistics.
In California, most boat accidents happen in the summer, on the weekends, in the middle of the afternoon, and typically involve open motorboats. California boating statistics.
Boats vary from small craft, to very fast speed boats, to large vessels that take a long time to turn or stop.
Operator skills vary from the licensed operator, to the unskilled operator, to the intoxicated operator, and everything in between.
Weather and sea conditions can be calm and benign, and the next moment turn rough and dangerous.
Boats are products and often are machines. Boats and their equipment can be improperly made or maintained, and can fail suddenly causing an accident with injury and death. Product liability should be considered in every boat accident case.
The United States government has only recently started to enact legislation and regulations setting safety standards for boat equipment. Much about boats and boating remains unregulated, so you still can see almost anything on the water.

While boat accidents have more variables than other type of accidents, a good boat accident attorney will still be able to work through the many factors and prove fault against the proper party

BOAT ACCIDENTS CAN BE CAUSED BY:

Careless Boat Operation;
Defective Boat Equipment;
Sea and Weather Conditions;
Poor Maintenance;
Poor Planning;

A thorough investigation of a boat accident, may show one or more of the causes of the accident.

Identifying the cause(s) of the boat accident is needed in order to make the correct, following three choices:

the proper defendants for the case; and
the best court in which to file the case; and
the best law to apply to the case.

Select an attorney who is willing and able to use of all these legal tools for your benefit in handling your boat accident case.

MANY DIFFERENT LAWS MAY BE APPLICABLE TO BOAT ACCIDENTS, INCLUDING:

California state law;
United States federal law;
Arizona state law;
Nevada state law;
Maritime & Admiralty international law;

Each of these sets of laws have different rules that apply to how fault is determined for a boat accident, that apply fault differently to decide recoverable damages, and that allow for different elements of recoverable and unrecoverable damages.

Selecting the best law to apply to a boat accident case is critical to succeeding in such a case, just like selecting the best propeller or sail is critical for succeeding in a boat race.

BOAT ACCIDENT LAWSUITS CAN BE BROUGHT IN MANY DIFFERENT COURTS, INCLUDING:

California state court;
United States federal court;
A Maritime court (state or federal);
Courts of states other than California;

Each court has different rules about what laws will be applied to a lawsuit. These courts each also have different rules about which defendants can be sued in their courts. Navigating these different rules in not for the faint hearted or novice attorney.

Look here for information about the Los Angeles Superior Court, which is a world class court where many boat and maritime cases are filed.

FINDING AN ATTORNEY FOR BOAT ACCIDENTS:

The most important factor in selecting an attorney is whether the attorney selected believes in your case and is willing to become a champion of your cause.
Boat accident attorneys need to be familiar with many different types of vessels, with navigation, and with the many different sets of rules that apply to boat accident cases.
Boat accident lawsuits are not like other personal injury cases. In addition to knowing how to handle a personal injury case, a boat accident attorney needs to know boats and needs to know how to select the best law and the best court for your case.
Look at this checklist in consultation with an attorney, to find out about filing cases in Los Angeles Superior Court.
We can help you find a boat accident attorney in a state other than California.
If you file a lawsuit, be ready for trial. 97% of all injury cases settle without trial, but not getting ready for trial means that you will likely end up in trial.

Published decisions in Maritime Law by attorney John C. Torjesen, include:

Complaint of Midland Enterprises, Inc., 886 F.2d 812 (6th Cir. 1989).
Three Buoys Houseboat Vacations U.S.A., Ltd. v. Morts, 878 F.2d 1096 (8th Cir. 1989).
Three Buoys Houseboat Vacations U.S.A. Ltd. v. Morts, 921 F.2d 775 (8th Cir. 1990)