Boating should be a fun and safe experience, but operating a vessel under the influence of alcohol or drugs leads to serious accidents and legal consequences. Boating under the influence (BUI) is a serious offense that causes injuries, fines, and even jail time. If someone operating a boat while impaired injures you, you have legal options to seek compensation.
California BUI laws and penalties
California law treats BUI similarly to driving under the influence (DUI). Under California Harbors and Navigation Code Section 655, operating a boat with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. For commercial vessel operators, the legal limit is 0.04%. Authorities impose fines, probation, and possible jail time on those caught operating a vessel while impaired. If a BUI causes injury or death, charges escalate to felony status with harsher penalties.
Liability in boating accidents
When a boat operator under the influence causes an accident, they bear liability for injuries and property damage. California follows a negligence standard, meaning an injured party must prove that the impaired operator failed to exercise reasonable care. Signs of negligence include reckless driving, excessive speed, and failure to follow boating laws. If proven, victims recover damages for medical bills, lost wages, and pain and suffering.
Civil claims against impaired boaters
Victims of BUI-related accidents can pursue civil claims against the at-fault party. Personal injury claims require evidence such as witness statements, accident reports, and medical records. In some cases, the boat owner also bears liability if they allowed an impaired person to operate their vessel. Additionally, if a bar or establishment overserved alcohol to the boater before the accident, the establishment may hold responsibility under California’s dram shop laws in limited circumstances.
Protecting your rights after a boating accident
If an impaired boater injures you, seeking immediate medical attention is essential. Documenting the accident and gathering evidence strengthens your claim. Injured parties can seek compensation through insurance claims or lawsuits against negligent boaters. Understanding your rights helps you recover damages and hold irresponsible operators accountable.
