Modesto Boat Accident Attorney

Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents people injured in boating accidents on Modesto-area waterways throughout Stanislaus County. Residents of the Modesto area have access to several popular recreational water destinations, and boating accidents on these waterways produce serious injuries — head trauma, spinal injuries, drowning, and near-drowning resulting in brain damage. This page explains the legal framework that governs boat accident claims in California and the procedural rules that apply to cases filed in Stanislaus County Superior Court.

Stanislaus County Waterways

Stanislaus County residents boat and recreate on several significant water bodies in and around the region. Modesto Reservoir, located near Waterford, offers over 2,800 acres of water and is managed by Stanislaus County. Woodward Reservoir, north of Oakdale, is another major county-managed recreational facility offering boating, jet skiing, and water skiing. Turlock Lake State Recreation Area, approximately 25 miles east of Modesto, provides boating and water skiing along a 26-mile shoreline. The Stanislaus River and the Tuolumne River also provide waterway access for fishing and non-motorized recreation. The Sacramento-San Joaquin Delta, accessible via the San Joaquin River, is a short drive from Modesto and draws significant recreational boating traffic from Stanislaus County residents.

Accidents at these locations — collisions between watercraft, capsizing, drowning, jet ski accidents, and injuries caused by propeller contact — occur with regularity during peak summer months. Alcohol-involved boating accidents, a documented pattern in the region, are among the most serious.

California Boating Under the Influence Law

Operating a motorized vessel under the influence of alcohol or drugs on California waters is prohibited by Harbors and Navigation Code section 655. Under section 655(b), a person shall not operate any vessel while under the influence of an alcoholic beverage or any drug, or under the combined influence of both, if the person's ability to operate the vessel is thereby impaired. Section 655(c) establishes a per se violation at a blood alcohol content of 0.08 percent or higher for recreational vessel operators. A violation of section 655 that causes injury is negligence per se — the violation establishes breach of the duty of care without requiring further proof of unreasonableness.

Harbors and Navigation Code section 658 establishes equipment requirements for vessels operating on California waters, including requirements for personal flotation devices, fire extinguishers, visual distress signals, and sound-producing devices. A vessel operator who fails to provide required safety equipment or fails to ensure it is accessible and functional may be liable for injuries that result from that failure.

Harbors and Navigation Code section 660 requires every vessel operator to maintain a proper lookout by sight and hearing at all times and to proceed at a safe speed so that proper and effective action can be taken to avoid collision. A failure to maintain lookout or to operate at a safe speed in congested recreational areas is negligence per se under this section.

Harbors and Navigation Code section 668 requires the operator of a vessel involved in an accident that results in injury to a person to immediately stop and render assistance to any injured person, provide their name and vessel registration information, and report the accident to the appropriate authority. A failure to stop and render aid following a boating accident that results in injury is itself a violation of law.

California Boater Card Requirement

California requires operators of motorized vessels to carry a California Boater Card issued by the Division of Boating and Waterways. Harbors and Navigation Code section 668.3 phased in this requirement by age group, and as of January 1, 2025, all motorized vessel operators are required to hold a valid Boater Card. The Boater Card requirement reflects the legislature's recognition that vessel operation requires minimum safety education. An operator who lacked a required Boater Card at the time of an accident may face a negligence per se argument based on the failure to complete the required safety education.

Vessel Owner Liability

California Civil Code section 1714(a) imposes a general duty of ordinary care on every person in the management of their property, including watercraft. A vessel owner who entrusts their boat to an operator who is intoxicated, inexperienced, or unlicensed may be independently liable for negligent entrustment. Where the vessel itself had a defect — a faulty steering system, a malfunctioning throttle, or a defective propeller guard — the manufacturer may be liable under the strict products liability doctrine of Greenman v. Yuba Power Products (1963) 59 Cal.2d 57.

Federal Maritime Jurisdiction

Boating accidents occurring on navigable waters of the United States may be subject to federal admiralty and maritime jurisdiction. The San Joaquin River and the Sacramento-San Joaquin Delta are navigable waters of the United States, meaning that federal maritime law may apply to accidents that occur on those waterways. Federal maritime law and California state law can interact in complex ways in recreational boating cases. The applicable legal framework — federal or state — depends on the specific waterway, the nature of the activity, and the type of vessel involved. This analysis requires case-specific evaluation.

Government Entity Claims for Reservoir Accidents

Modesto Reservoir and Woodward Reservoir are managed by Stanislaus County. When a dangerous condition at a county-managed reservoir — a submerged hazard, a defective dock, inadequate warning signs, or unsafe launch ramp conditions — contributes to a boating accident, a claim may lie against the county under Government Code section 835. A claim against a government entity requires compliance with the Government Claims Act. Under Government Code section 911.2, a claim must be presented within six months of the incident. Under Government Code section 945.6, a lawsuit must be filed within six months after the claim is rejected. Missing the government claims deadline can potentially bar the claim entirely.

Damages

Civil Code section 3333 provides that the measure of damages for a tort is the amount that will compensate for all detriment proximately caused by the negligent conduct. Civil Code section 3281 confirms that every person who suffers detriment from an unlawful act is entitled to compensation. Civil Code section 3283 extends that entitlement to future damages that are certain to result.

Compensable damages in a boat accident case typically include past and future medical expenses, past and future lost earnings or earning capacity, and non-economic damages for pain, suffering, and loss of enjoyment of life. Near-drowning injuries involving anoxic brain damage are among the most severe outcomes in recreational boating accidents and may result in damages extending over a lifetime. In fatal boating accidents, surviving family members may pursue a wrongful death claim under Code of Civil Procedure section 377.60. Where the operator's conduct was willful or involved conscious disregard of known risks, Civil Code section 3294 may permit punitive damages.

Filing Deadlines

California Code of Civil Procedure section 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts. Contact Attorney Michael Rehm promptly to assess the specific timeline in your case.

Stanislaus County Superior Court

Boat accident lawsuits filed on behalf of Modesto and Stanislaus County residents are filed in the Stanislaus County Superior Court, City Towers Building, 801 10th Street, Modesto, CA 95354. The court has 21 judges and three commissioners. Civil cases are directly assigned to a single judicial officer for all purposes, including trial. Represented parties are subject to mandatory electronic filing. All general civil cases are required to participate in a mandatory settlement conference approximately 15 days before trial. Stanislaus County Superior Court judicial statistics are available through the California Judicial Council court statistics portal.

Representation on a Contingency Fee Basis

Attorney Michael Rehm handles boat accident cases throughout Modesto and Stanislaus County 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, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.