Santa Cruz Boat Accident Attorney

Attorney Michael Rehm - (800) 978-0754

Boat Accidents in Santa Cruz County

Attorney Michael Rehm represents people injured in boating accidents in Santa Cruz Harbor, Monterey Bay, and the surrounding waters of Santa Cruz County. Boating accidents present a distinct set of legal issues — they can involve both California state law and federal maritime law, and determining which framework governs requires analysis of where the accident occurred and the nature of the vessel and activity involved.

California Law Governing Recreational Boating

California's Harbors and Navigation Code governs the operation of vessels in state waters. Harbors and Navigation Code §650 imposes a general duty on every person operating a vessel to operate it in a careful and prudent manner and at a speed that does not endanger the life, limb, or property of any person. This is the maritime equivalent of California Civil Code §1714's general duty of ordinary care, and a vessel operator who violates it is liable for the resulting harm.

Harbors and Navigation Code §655 prohibits operating a vessel while under the influence of alcohol or drugs — boating under the influence. A BAC of 0.08 percent or higher creates a presumption of impairment. A BUI violation is evidence of negligence and can support a claim for enhanced damages where the operator's conduct was willful or wanton.

Federal Law and the Coast Guard

Boating accidents resulting in death, disappearance, or injury requiring medical treatment beyond first aid must be reported to the California Division of Boating and Waterways and, in certain circumstances, to the United States Coast Guard under 46 U.S.C. §6102. These reports are investigative records and may contain findings relevant to a civil claim. Obtaining the accident report early in the case is a standard step.

For accidents occurring on navigable waters, federal admiralty law may govern. This matters because admiralty law has its own procedural rules, limitations periods, and damage frameworks. Whether admiralty jurisdiction applies — and what effect it has on available remedies — depends on the specific facts of where and how the accident occurred.

Common Causes of Boating Accidents

Santa Cruz Harbor and the open waters of Monterey Bay present specific conditions that contribute to boating accidents: variable weather, significant ocean swells, vessel traffic congestion near the harbor entrance, and recreational watercraft operating in proximity to commercial fishing vessels. The most common causes of boating injury claims are operator inattention, excessive speed for conditions, failure to maintain a proper lookout, BUI, and inadequate safety equipment. Each of these can establish the breach of duty required for a negligence claim.

What Damages Are Recoverable

Civil Code §3333 provides that damages cover all detriment proximately caused, whether anticipated or not. In boating accident cases this includes medical treatment, lost wages, future medical care, and noneconomic damages for pain, suffering, and loss of enjoyment of life. Civil Code §3283 permits recovery of future damages where injuries produce long-term or permanent consequences.

The Statute of Limitations

California personal injury claims are subject to a two-year statute of limitations under Code of Civil Procedure §335.1. Federal maritime claims may be subject to different limitations periods. Missing the applicable deadline can potentially bar a claim. Contact Attorney Michael Rehm to assess the specific timeline in your case.

Retain Attorney Michael Rehm

Attorney Michael Rehm handles boat accident cases throughout Santa Cruz County and Monterey Bay on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information only. It is not legal advice and does not create an attorney-client relationship. California law changes — statutes are amended, courts issue new decisions, and regulations are revised. Nothing on this page should be treated as a current statement of law without independent verification. Whether any deadline, legal doctrine, or rule applies to your specific case requires individual analysis based on the facts of your situation. Contact Attorney Michael Rehm to discuss your case directly.