Alcohol is a factor in a high number of boating accidents. This includes impaired boat operators, passengers, and others. In many cases, a drunk boat operator does something reckless which causes a drunk passenger to fall into the water, suffering a serious or fatal injury. However, just because you may have been drinking does not mean you cannot file a lawsuit for damages. Under California's “comparative fault” laws, you can be awarded damages even if you share some fault in the accident. Your damages are reduced based on your share of the fault.