This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
Southern California is a haven for boaters, but when something goes wrong on the water, the aftermath can be serious and confusing. If you were injured in a boating accident, you may be entitled to compensation for your medical bills, lost income, and pain and suffering. The boat accident attorneys at Cefali & Cefali represent injured boaters throughout Orange County on a contingency fee basis, so you pay nothing unless we win. Call (949) 325-7790 for a free consultation, available 24/7.
Boating accidents can cause serious injuries, from drownings and near-drownings to spinal, brain, and propeller injuries. When another boater's negligence caused the crash, California law lets you pursue a claim, and our team investigates the accident, identifies who is liable, and pursues the full value of your losses.
What are California's boating laws?
Several California laws govern how boats must be operated, and a violation is often strong evidence of negligence in a boat accident claim:
Boating under the influence (BUI). Under Harbors and Navigation Code section 655, it is illegal to operate a vessel with a blood alcohol concentration of 0.08% or higher (0.04% for commercial operators). BUI is a leading cause of serious boating crashes.
Life jackets. California requires a wearable life jacket for every person aboard, and children under 13 must wear one at all times on a moving vessel of 26 feet or less.
The California Boater Card. As of 2025, all boaters operating a motorized vessel in California must carry a California Boater Card, which requires passing a boating safety exam.
Accident reporting. A boating accident must be reported to the California State Parks Division of Boating and Waterways. A report is due within 48 hours if someone dies within 24 hours, disappears, or is injured beyond basic first aid, and within 10 days for a later death or property damage over $2,000.
One important nuance: accidents on inland lakes usually fall under California's two-year deadline, but crashes on navigable waters can fall under federal maritime law, which has different rules and deadlines. An attorney can determine which applies to your case.
Common Causes of Boating Accidents
Most boating accidents come down to operator negligence. Common causes include:
Boating under the influence of alcohol or drugs
Operator inexperience and failure to follow navigation rules
Speeding and failing to keep a proper lookout
Collisions with other vessels, docks, or fixed objects
Capsizing, sinking, or fires and explosions
Defective equipment, which can support a product liability claim against the manufacturer
Who is liable for a boating accident?
Liability depends on who failed to use reasonable care. A boat operator owes a duty of care to passengers and to others on the water, so an operator who was intoxicated, speeding, or not keeping a lookout can be held responsible. Depending on the facts, others may share liability:
The negligent boat operator, most commonly.
The boat owner, if different from the operator, in some circumstances.
A rental company, for negligent maintenance or renting to an unqualified operator.
A manufacturer, under product liability, if a defective part (such as a motor or steering component) caused the crash.
California follows pure comparative negligence, so even if you were partly at fault, you can still recover, reduced by your percentage of fault, with no cutoff. If you are found 20 percent at fault on a $100,000 claim, you still recover $80,000. Insurers often try to inflate an injured person's share of fault, which an attorney pushes back on with evidence.
Common Boat Accident Injuries
Boating crashes produce a distinctive set of serious injuries:
Drowning and near-drowning, which can cause lasting brain damage from oxygen loss
Traumatic brain injuries
Spinal cord injuries, including paralysis
Propeller lacerations and amputations
Broken bones, burns, internal injuries, and hypothermia
Get medical attention immediately after any boating accident, even if an injury seems minor, since some conditions worsen over time and prompt records link your injuries to the crash.
What should you do after a boating accident?
Get everyone to safety and call for help if anyone is in the water or injured.
Report the accident to the authorities and, where required, to the California State Parks Division of Boating and Waterways.
Seek medical attention right away, even for injuries that seem minor.
Document the scene: photos of the vessels and injuries, and witness contact information.
Contact a boat accident attorney before giving a recorded statement to any insurer.
What compensation can you recover?
An injured boater or their family may recover both economic and non-economic damages, and California places no cap on these damages in an ordinary injury case. Recoverable losses include medical expenses (current and future), lost wages and reduced earning capacity, property damage to your boat and equipment, and pain and suffering. Where the operator's conduct was especially egregious, such as boating under the influence, punitive damages may be available under Civil Code section 3294. If a loved one was killed, surviving family members may bring a wrongful death claim under Code of Civil Procedure section 377.60.
How long do you have to file a boat accident claim in California?
For most boating accidents on California's inland lakes and waterways, you generally have two years from the date of the crash to file a personal injury lawsuit under Code of Civil Procedure section 335.1, or two years from the date of death for a wrongful death claim. If the accident happened on navigable waters, federal maritime law may apply instead and can carry a different deadline, so it is important to have an attorney confirm which rules govern your case early.
Why Choose Cefali & Cefali
Boat accident cases turn on the boating rules, the cause of the crash, and whether state or maritime law applies. We investigate the accident, work with accident reconstruction and medical experts when needed, handle the insurer, and pursue the full value of your claim, ready to take the case to trial if the offer is not fair. We work on a contingency fee basis, so you pay no fee unless we win.
We represent boat accident victims in Mission Viejo and throughout Orange County, including Lake Forest, Laguna Hills, Laguna Niguel, Irvine, and San Juan Capistrano. Our Mission Viejo personal injury attorneys are here to help. If you or a loved one was hurt in a boating accident, call (949) 325-7790 or contact us for a free consultation. No fee unless we win.
Frequently Asked Questions
How much does a boat accident lawyer cost?
Nothing upfront. We handle boat accident cases on a contingency fee basis, meaning you pay no attorney fees unless we win your case. The fee is a percentage of your final settlement or judgment, and the consultation is free.
Who is liable for a boating accident in California?
Usually the negligent boat operator, but liability may also extend to the boat owner, a rental company that failed to maintain the vessel or rented to an unqualified operator, or a manufacturer of a defective part. California follows pure comparative negligence.
How long do I have to file a boat accident claim?
Generally two years from the crash under Code of Civil Procedure section 335.1 for accidents on inland waters. If the accident happened on navigable waters, federal maritime law may apply and carry a different deadline, so confirm which rules govern your case early.
Do I have to report a boating accident in California?
Yes. A boating accident must be reported to the California State Parks Division of Boating and Waterways, within 48 hours if there is a death, disappearance, or serious injury, and within 10 days for a later death or property damage over $2,000.
What are California's boating under the influence laws?
Under Harbors and Navigation Code section 655, it is illegal to operate a vessel with a blood alcohol concentration of 0.08% or higher, or 0.04% for commercial operators. Boating under the influence is a leading cause of serious boating crashes and is strong evidence of negligence.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
