New York Boating Accident Lawyer
When people go boating in waters around New York, they expect to enjoy themselves. However, boat operators often fail to realize that without proper care and attention, boating can be dangerous.
The U.S. Coast Guard reports that there were 143 recreational boating accidents in New York in 2018, causing 20 deaths and nearly 100 injuries. Victims of boating accidents have the same rights as those hurt in accidents on land. If you have been injured in a New York boating accident caused by someone else’s carelessness or disregard for safety, you may seek compensation for the harm you have suffered.
Since 1998, the attorneys of David Resnick & Associates have fought to protect the rights of people throughout New York City who are struggling to cope with serious injuries. As a small firm, we have the ability to offer our clients the one-on-one attention that their cases deserve. We take the time to get to know our clients. We know that when a person is injured, his or her family members suffer as well.
If you or a loved one has been injured in a boating accident, contact the lawyers at David Resnick & Associates today to schedule a free consultation with one of our skilled attorneys to learn more about how our firm can help you seek compensation after a serious injury.
What Counts as a Boating Accident in NYC?
A boating accident in New York City occurs whenever someone has suffered injury or property damage on the water. A boating accident can result in a legal claim for compensation when the injury or property damage is caused by the negligent acts or intentional actions of another party.
Some of the common causes of boating accidents in New York City include:
- Use of alcohol or drugs—A person operating a boat who is impaired may cause a serious boat accident.
- Lack of experience–New boaters may not have the experience to operate a vessel, particularly, in difficult or emergency situations offshore, which leads to accidents.
- Distraction/inattention–A boat operator who fails to keep a proper lookout for other watercraft and navigations hazards may cause a serious accident.
- Excessive speed—The faster a boat is traveling, the harder it is to control. It may be difficult to avoid a collision, or a boat operator may lose control of the vessel and cause it to capsize.
- Overloading– Too many passengers upon a boat or other vessel can make the vessel difficult to control, increasing the risk of it capsizing or sinking.
- Lack of safety equipment—Boat operators are required to have certain types of safety equipment aboard including life jackets for each passenger. The lack of required safety equipment may constitute negligence in the event of a serious accident.
If you have questions about whether you have a viable legal claim after a boating accident, the attorneys of David Resnick & Associates can help you understand your legal rights and options.
What If I Was Operating the Boat/Vehicle?
A person who operates a boat or other maritime vehicle is responsible for the vehicle’s safe operation. When an accident and personal injury results from unsafe or negligent operation of a boat or other watercraft, the operator of the boat may be held responsible for any damages or injuries that result.
However, other persons or entities may be responsible for damages or injuries that result from a boating accident, such as if another boat operator was responsible for the accident or if an accident occurred due to defective equipment or a defective part.
What Are the Different Types of Maritime Accidents That Happen in New York?
Victims of boating and maritime accidents in New York can include operators or passengers of boats or other watercraft, passengers of ferries or tour boats.
Some of the most frequent boating and maritime accidents that our attorneys see in New York include:
- Collisions – Boats and other watercraft may be involved in a collision with other vessels, docks, buoys or other navigation aids, or objects beneath the water. Collisions may be caused by operator inexperience, inattentiveness, or intoxication, or due to improperly equipped craft.
- Sinking – Boats and other vessels may sink for numerous reasons, including imbalanced loads, failure to observe hazards to navigation, fires, explosions, or lack of watertight doors and covers.
- Unseaworthiness – Many issues on a boat or ship may lead to an unseaworthy vessel, including poorly maintained machinery and equipment, lack of proper safety equipment such as life jackets and fire extinguishers, or doors with failed seals. Accidents involving unseaworthiness can include sinking, fires, and explosions, or drownings. Claims of unseaworthiness are brought against the owner of the boat or vessel.
- Chemical exposure – Being around boats and other vessels mean a risk of exposure to toxic chemicals and other substances that can cause injury and disease, such as asbestos, benzene, and petroleum products.
No matter what type of boating or maritime accident you have suffered, the attorneys of David Resnick & Associates can help you pursue compensation to recover from your injuries and losses.
Common Injuries from Boating Accidents
Some of the more common types of injuries in the boating accident cases that we handle include:
- Submersion injuries and drowning, which can cause brain injury due to oxygen deprivation or be fatal
- Cuts and lacerations, particularly when the victim is hit by the watercraft, or comes into contact with the boat’s propeller
- Traumatic brain injury due to blunt force impacts to the head/neck area in a boat collision or colliding with a fixed object
- Spinal cord injuries
- Neck and back injuries, including blunt force trauma and whiplash injuries
- Internal organ injuries
- Electrocution injuries
No matter what injuries you have suffered in an NYC boating accident, the injury attorneys of David Resnick & Associates can help you pursue a financial recovery to rebuild your life.
How Does Insurance Help in an Offshore Accident?
If you have been injured in an offshore accident, you may be wondering whether you could receive compensation for the losses you incur as a result of your injuries or other damages. It depends on the nature of the accident and where the accident occurred.
In some cases, there is insurance coverage available to compensate you for your medical expenses, lost wages or earning potential, and pain and suffering. The owner of the boat or vessel that you were injured on may have liability insurance on the vessel that cover injuries. The operator of the boat at the time of the accident may have liability coverage.
What to Do After You Have Been in a Boating Accident
If you have been involved in a boating accident, there are steps you should take to ensure your safety following the accident and protect your rights to seek compensation if you have been injured.
- Report the accident— Depending on where the accident occurs and the circumstances of the accident, the operator of a boat or other vessel that suffers an accident may be required to report the accident to local law enforcement authorities such as the New York State Police Marine Detail and/or to the U.S. Coast Guard. Reporting the accident will allow you to summon emergency medical assistance if anyone has been injured.
- Take photos to document the accident – If possible, you should try to capture any relevant photos of the accident, including damage to the vessels and any stationary objects involved in the accident, any equipment or materials that were involved in the accident, any injuries that were sustained in the accident, and the lighting, weather, and water conditions at the time of the accident.
- Seek medical attention – If you were involved in a boating accident and have been injured or suspect you may have been injured, it is important that you seek medical attention as soon as possible at an emergency room, an urgent care center, or from your primary care physician. Prompt medical treatment will not only improve the prognosis and timeline of recovery from your injuries but will also allow you to prove that your injuries were caused by the boating accident and not from some other cause.
- Consult with an experienced boating accident attorney – Seeking compensation for damages and injuries from a boating accident can be a complex matter. The laws governing boats and other maritime matters can be very different from the laws governing accidents and personal injuries that occur on land. An experienced boating accident attorney will help you understand the merits of your claim and can help you successfully pursue a claim for compensation.
Contact a New York Boating Accident Attorney
If you or a loved one have been injured in a boating accident around New York City or elsewhere in the waters of New York, call the attorneys of David Resnick & Associates today to schedule a free consultation to discuss your case and to learn more about your legal rights and options for compensation for the injuries and damages you have suffered.