Practice Areas

With beautiful waters and beaches, Lake Tahoe is a prime location for all kinds of water activities and attracts approximately 15 million visitors each year. Unfortunately, with so vessels and people on and near the water, there is a high risk for accidents, especially those involving boats.

Boating accidents include more than just collisions; they can involve groundings, capsizing, and flooding and can lead to serious injuries that in severe cases may dramatically change your life. If you or a loved one has been involved in a boating accident on Lake Tahoe, a boat accident lawyer at Porter Simon Sierra Injury Lawyers can help you recover the compensation you might be owed due to the negligence of other parties.

Most Common Types of Boat Accidents on Lake Tahoe

According to data from the U.S. Coast Guard gathered from 2012 to 2021, the following types of accidents are some of the most common that occur on Lake Tahoe each year.

Collisions

Although the surface of Lake Tahoe covers over 190 square miles, collisions with other vessels happen more often than you may think due to the sheer volume of people operating watercraft. From 2012 to 2021, boat collisions were the number one most common accident on Lake Tahoe, with 42 incidents recorded. These types of collisions can result in property damage, personal injury, and even death.

Grounding

Grounding is another common type of boating accident, with 13 incidents recorded. This type of accident typically occurs when water levels are too low to support the boat and the underside of the vessel strikes land. Grounding accidents can cause serious damage to the boat itself and can also place people aboard at risk for injuries from secondary impacts.

Departing the Vessel

“Departing a vessel” typically involves a person voluntarily exiting a boat, such as jumping into the water for a swim. Although swimming in Lake Tahoe is permissible, leaving a boat can be dangerous due to low water temperatures, which can lead to hypothermia, as well as the potential for an impact between the person and a vessel. These types of accidents were tied with grounding, with 13 recorded occurrences.

Departing the Vessel

“Departing a vessel” typically involves a person voluntarily exiting a boat, such as jumping into the water for a swim. Although swimming in Lake Tahoe is permissible, leaving a boat can be dangerous due to low water temperatures, which can lead to hypothermia, as well as the potential for an impact between the person and a vessel. These types of accidents were tied with grounding, with 13 recorded occurrences.

Capsizing

Boats can capsize, or roll to their side, when weight is not properly distributed. Capsizing may also occur during inclement weather or due to operator error. There were 11 recorded instances of capsizing from 2012 to 2021. These types of incidents can result in significant damage to the vessel and serious injuries to the passengers, including the possibility of drowning and hypothermia.

Flooding

A flooding accident occurs when a boat takes on water, which in severe cases, can cause it to sink. Flooding can occur due to inclement weather, improperly maintained equipment, or if a large wave breaks over the boat. As with capsizing and departing the vessel, flooding exposes boat occupants to water, potentially resulting in drowning or hypothermia. Over the 10-year period, there were 10 recorded instances of capsizing.

What is the Main Cause of Boating Accidents on Lake Tahoe?

The primary reason accidents happen on Lake Tahoe is due to boat operator inexperience and carelessness, which caused 49 out of the 131 boating incidents recorded between 2012 and 2021. This can include lacking basic knowledge of boating “rules of the road,” neglecting to take appropriate safety measures like wearing life vests, avoiding routine maintenance, hosting too many people on one boat, or operating a boat while under the influence of alcohol and/or drugs.

What to Do After a Boat Accident on Lake Tahoe

If you are involved in a boating accident, there are certain steps you should take to ensure your immediate safety and make it easier for you to file a claim, if necessary, for compensation.

1. Ensure the safety of those involved. Check yourself and other passengers for injuries.
2. Call for help immediately. Use can use your phone to call 911 if cell service is available. If not, you may use your boat’s radio. Let dispatchers know your location, the nature of the incident, the number of people involved, and what kind of assistance is needed.
3. Document the incident. Take your own pictures, collect names of eyewitnesses, and note down information like time of day and weather conditions.
4. Swap information. If you’re involved in an incident with another vessel, collect information from them just as you would in a car accident. You will want insurance information, boat registration, names, and telephone numbers.
5. Report your accident. For severe boating accidents, you may be required to report the incident to local boating authorities. You will also need to contact your boating insurance company.
6. Get legal help. Maritime law is complex and the financial responsibility you may face after a boating accident can be significant. A qualified lawyer can help advocate for the compensation you may be owed and protect your interests.

Keep a level head. Although a boating accident is traumatic and may feel overwhelming, remaining calm after an accident helps keep you and others safe from further damage or injuries.

How Can a Boating Accident Attorney Help?

A boat accident attorney can help you navigate the challenging aftermath of any boating incident, whether it involves a collision, capsizing, or another type of accident, especially if you are still recovering from your injuries. Some of the ways a lawyer can help you include:

• Collecting evidence. A boat accident lawyer can assist you in gathering and reviewing police reports of your accident, eyewitness statements, and photographs to determine liability.
• Assessing the value of your claim. Your lawyer can also help you accurately determine the value of your claim, making sure it accounts not just for any medical bills but also for less quantifiable damages like pain and suffering.
• Corresponding and negotiating with insurance companies. Many lawyers have extensive experience communicating with insurers and can use their negotiation skills to work toward a fair settlement.
• Representing you in court. If your case cannot be settled and goes to trial, your lawyer can represent you in court, protect your interests, and help you pursue a judgment against responsible parties.

Who Can Be Held Liable for Boating Accident Injuries?

Determining liability is an important and necessary step in the boat insurance claims process. Numerous parties can be held liable in a boat accident case, and in some situations, more than one party may be at fault.

Boat Operators

The individual(s) operating the boat at the time of the incident may be held liable if they were negligent in their operation. This can include boating while under the influence, not following safety rules, and being inattentive to safety hazards.

Boat Owners

Boat owners have a responsibility to keep their boats in good, working order. If the boat owner is found to be negligent due to not caring for the boat, not providing safety equipment, or otherwise offering an unsafe vessel for use, they may be held liable.

Boat Manufacturers

Defects with a boat or a part on a boat may result in the manufacturer of that boat or boat part being held liable. If an engine or an onboard navigation system were to malfunction or fail, resulting in an accident, the manufacturer of those parts may face claims from passengers.

Rental Companies

Companies that rent boats for use may also be found negligent if they do not provide a safe, well-maintained boat and necessary safety equipment for passengers. They may also be held responsible if they allow an unlicensed person to operate the boat.

Passengers

Reckless and/or criminal behavior by passengers may also result in liability. Passengers who interfere with the operation of the boat or otherwise act in a way that causes other passengers on board to become injured can be held responsible for those actions.

What Damages Can You Recover After a Boating Accident?

Every accident is different and may result in different types of claims for both injuries and damages. The amount of damages you can recover from a boating accident typically depends on the type of damage your equipment sustains, the injuries you receive, and who is ultimately at fault. A boat accident attorney can work with you to determine the amount of compensation you may be entitled to.