California Jet Ski Accident Claim Without a Police Report

"My adult son was seriously injured in a jet ski crash on a California lake. The jet ski operator was inexperienced and had allegedly been drinking heavily. Police were not called, but my son required surgery, has thousands of dollars in medical bills and cannot work. Can he still pursue a claim without a police report, and could the jet ski owner also be responsible?"

Unfortunately, each year, we receive numerous calls from people who are injured in boating accidents. These crashes often lead to serious injuries, drownings, serious propeller injuries and, in too many cases, death.

According to the U.S. Coast Guard’s 2024 Recreational Boating Statistics Report, there were 3,887 reported recreational boating incidents nationwide, resulting in 556 deaths and 2,170 injuries. Alcohol use remained the leading known contributing factor in fatal boating incidents and was listed as the leading factor in 20% of deaths where the primary cause was known.

Several issues arise from your question: drinking, experience, the absence of a police report and lending a watercraft to an intoxicated person.

How is Negligence Determined After a Jet Ski Crash?

First, the law examines facts and events to see if there was “negligence.” Put simply, negligence is the failure to control yourself, your actions and property as a “reasonable person would.” Often, what is “reasonable” is codified in a local, state or federal law.

Is a California Boater Card Required to Operate a Jet Ski?

Starting in January 2018, the State of California began phasing in a boater education requirement and California Boater Card, or CBC, requirement.

As of January 1, 2025, the California Boater Card requirement applies to motorized-vessel operators of all ages, subject to applicable exemptions under California law. California generally requires a person to be at least 16 years old and possess a California Boater Card to operate a vessel powered by a motor of more than 15 horsepower, including personal watercraft such as jet skis.

The facts provided do not establish whether the operator possessed the required California Boater Card or qualified for an exemption.

What Does California Law Say About Boating Under the Influence? 

California Harbors and Navigation Code Section 655(a) provides that: “No person shall use any vessel or manipulate water skis, an aquaplane, or a similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.”

Section 655(b) states: “No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug."

Section 655(c) states: “ No person shall operate any recreational vessel or manipulate any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood.” Also, Section (f) states: “(f) No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or under the combined influence of an alcoholic beverage and any drug, and while so operating, do any act forbidden by law, or neglect any duty imposed by law in the use of the vessel, water skis, aquaplane, or similar device, which act or neglect proximately causes bodily injury to any person other than himself or herself.”

Here it appears that the operator violated Harbors and Navigations Code Sections 655 and 678.11. Note that Section 655, subsections (b) and (f), do not require a determination of a blood alcohol limit only a showing of being under the influence which can be demonstrated by testimony of witnesses. Therefore, while a police report would have been helpful, it is not necessary. The driver is, therefore, negligent.

Although the driver is negligent, he may not have any insurance.  If he has personal assets they may be attached, following a trial, to satisfy any monetary award.  Here, however, it appears that the owner of the jet ski, knowing the operator’s inexperience, and that he had been drinking, is potentially liable for “negligent entrustment” of his jet ski, and, if he has insurance on the jet ski, it may pay for your son’s medical bills, lost wages, and the pain and disfigurement he has suffered. 

Speak With a California Boating Accident Attorney

Boating and jet ski injury cases can involve California boating laws, insurance disputes, accident-reporting requirements and multiple potentially responsible parties. Evidence can also disappear quickly when witnesses leave, watercraft are repaired or photographs and electronic communications are deleted.

Have your son contact a trial lawyer with experience handling boating accidents for a consultation.

Dolan Law Firm represents people seriously injured in boating and personal-watercraft crashes throughout California. Contact us to discuss your legal rights and the circumstances of your case.