Boating Accident Lawyer Explains What You Should Know About Boat Accidents
Whether it’s for recreational fun, leisure, or sport, there’s a boating activity for everyone to enjoy, especially during the summer months in New York. Recreational boating in New York State is a $8 billion industry with a total of 440,381 registered powerboats listed in 2019, making it a large part of the state’s economy. But unfortunately, boating accidents can cause serious injuries and even lead to death. In addition, repairs can be costly and are more common than people think. In 2019, the state had 15 fatal boating accidents reported. According to the American Boating Association’s last recorded data in 2019, there were 613 deaths, 2,559 injuries, and 4,168 accidents resulting in $55 million in property damage caused by recreational boating accidents. So, what should you do if you find yourself in a boating accident? That’s where a trusted boating accident lawyer comes in.
What to do before you seek a boating accident lawyer
If you’ve just been in a boating accident, here’s a checklist of what you should do next:
- Get evaluated by a doctor or medical professional and collect any medical records that will be useful to show a boating accident lawyer should you take legal recourse for the accident.
- Get the insurance information from any other parties involved.
- Take photos of your boat and any injuries as evidence for your case and include any witness accounts your boating accident lawyer can review.
Be aware of the statute of limitations : Consult boating accident lawyer
A statute of limitations is the amount of time you have to file a claim from the time of an incident. In New York, the statute of limitations for a boating accident is within three years for a personal injury claim. If a claim is being filed for a wrongful death, it must be filed within two years of the date of death.
Liability for negligent boaters
Motorboats, personal watercrafts, jet skis, and other powerful boats can be dangerous just like vehicles, yet they are not as regulated or subject to the same level of licensing, which leaves more room for negligence. Boaters who are operating under the influence can cause serious damage and even death and may be liable for causing an accident, resulting in legal ramifications. Tour boat employers or other kinds of operating boats that require classification and proper training may also face financial and legal responsibility if employees veer away from the appropriate protocols that can put others in danger.
Common boating accidents
- Collision between two or more water vessels
- Collision between a boat and static object or property
- Injury or death caused by operating a boat during unsafe weather or water conditions
- Injury or death caused by operating a boat under the influence
- Accident caused by manufacturing malfunction of the operating boat
- Operating errors caused by lack of sailing experience
Brianna’s Law passes to ensure extra layer of safety for New Yorkers
New York has taken significant steps to prevent recreational boating accidents leading to death with the passing of Brianna’s Law, which went into effect on Jan. 1, 2020.
The law states individuals born on or after Jan. 1, 1993 are the first phase of individuals mandated to obtain a Safe Boating Certificate. The age requirement will increase annually, resulting in all motor vessel operators to have their certificate by Jan. 1, 2025.
If you’ve been in a boating accident, the boating accident lawyers at Shaevitz & Shaevitz can help you navigate these murky waters. Our firm has over 65 years of experience protecting our clients from a variety of injuries, and boating is no exception. If you’re unsure of where to start, that’s okay –– our firm offers free consultations to see if we’re the right fit for you. Your safety and wellbeing is of utmost importance to us.
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