As the summer season approaches, millions of Americans are preparing to head out on the water. Every year, nearly 100 million people go boating on lakes, rivers, bays, and oceans across the United States, drawn by the freedom, relaxation, and adventure that come with spending time on the water with family and friends.
Boating Safety Risks
While boating can be an enjoyable and rewarding experience, it also comes with serious responsibilities. Operating a boat requires constant attention, sound judgment, and a commitment to safety.
Unfortunately, boating accidents occur at an alarming rate. According to recent reports, nearly 4,000 boating accidents happen annually in the United States, resulting in more than 2,000 injuries, over 500 fatalities, and more than $85 million in property damage each year.
National Safe Boating Week
To help address these risks, the United States Coast Guard, in partnership with the National Safe Boating Council, designates the week leading into Memorial Day as National Safe Boating Week. National Safe Boating Week is a national campaign focused on encouraging boaters to operate safely, responsibly, and cautiously whenever they are on the water.
However, even the safest boaters can find themselves injured because of another person’s negligence or recklessness. When a boating accident occurs, injured victims and their families should understand their legal rights and the options available to them.
Experience, Results, and Answers to Help Boating Accident Victims
Attorney Bill Moore has extensive experience representing individuals injured in boating accidents and has successfully helped many clients recover compensation after serious injuries on the water. Recently, Bill secured a $3.75 million result for a client injured in a boating accident.
In an effort to help educate and protect members of the community around National Safe Boating Week and throughout the boating season, Bill Moore has provided answers to several frequently asked questions about boating safety, accidents, and the legal issues that can arise after a boating injury.
Boating Accident FAQs
What Should I Do After a Boating Accident in New York State?
After a boating accident, your health and safety should be the top priority. If you are physically able, call 911 to alert law enforcement if anyone is seriously injured, missing, or in immediate danger.
Even if your injuries seem minor, seek medical attention as soon as possible. Injuries such as concussions, traumatic brain injuries, spinal injuries, and internal bleeding may not show symptoms right away.
In addition, it is important to:
- Take photos to document the boats, injuries, water conditions, weather, and damage
- Collect contact information from witnesses and everyone involved
- Report the accident to the proper authorities
- Preserve any boating safety equipment or damaged property
- Avoid discussing fault with insurance companies before speaking with a lawyer
Do I Need a Lawyer After a Boating Accident in New York State?
You are not legally required to hire a lawyer after a boating accident. However, working with an experienced boating accident attorney can make a significant difference in the outcome of your case.
Boating accident claims are often more complicated than standard car accident cases because they may involve:
- Maritime or admiralty law
- Multiple liable parties
- Commercial vessels or tour operators
- Rental boat companies
- Serious or catastrophic injuries
- Insurance coverage disputes
- Wrongful death claims
The sooner an attorney gets involved, the easier it may be to preserve evidence, obtain accident reports, interview witnesses, and prevent insurers from unfairly denying or undervaluing your claim. An experienced boating accident lawyer can investigate the crash, determine liability, negotiate with insurance companies, and pursue the maximum compensation available under New York State law.
Can I Sue After a Boating Accident in New York State?
Yes. If another person or company caused your boating accident through negligence, recklessness, or illegal conduct, you may be able to file a personal injury lawsuit in New York State.
Boating accident claims may arise from:
- Intoxicated or reckless boating
- Speeding or distracted operation
- Inexperienced boat operators
- Unsafe rental practices
- Equipment failures or defective parts
- Poor boat maintenance
- Commercial boating negligence
Depending on the circumstances, compensation may be available through boat insurance, commercial liability policies, homeowners insurance, or lawsuits against the responsible parties. An experienced boating accident attorney in New York State can evaluate your case, identify all available insurance coverage, and fight for compensation for your medical expenses, lost income, pain and suffering, and long-term care needs.
Who Can Be Held Liable for a Boating Accident?
Several different parties may be legally responsible for a boating accident in New York. Liability depends on how the accident occurred and whether negligence contributed to the crash. Potentially liable parties may include:
- Boat operators
- Boat owners
- Rental companies
- Marinas
- Charter or tour companies
- Commercial vessel operators
- Maintenance providers
- Boat or equipment manufacturers
Many boating accident cases involve shared fault among multiple parties. Even if you were partially responsible for the accident, New York State’s comparative negligence laws may still allow you to recover compensation.
What Compensation Can I Recover After a Boating Accident?
Victims injured in a New York boating accident may be entitled to compensation for financial losses as well as pain and suffering. In cases involving especially reckless conduct, such as intoxicated boating, punitive damages may also be available.
Depending on the severity of your injuries, compensation may include:
- Medical bills
- Future medical treatment
- Rehabilitation and therapy costs
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Disability accommodations
- Loss of enjoyment of life
Common catastrophic boating accident injuries include traumatic brain injuries, spinal cord injuries, paralysis, drowning injuries, and permanent disabilities. Near-drowning incidents may also cause severe psychological trauma, including PTSD, anxiety, and depression. The value of a boating accident claim depends on factors such as the seriousness of the injuries, available insurance coverage, long-term medical needs, and the impact the injuries have on your daily life and ability to work.
How Long Do I Have to File a Boating Accident Lawsuit in New York State?
In most New York State boating accident cases, injured victims have three years from the date of the accident to file a personal injury lawsuit. Wrongful death claims are generally subject to a two-year deadline.
However, shorter notice requirements and filing deadlines may apply if a government agency, public ferry system, or municipality is involved.
Missing a filing deadline can permanently prevent you from recovering compensation. Speaking with an experienced boating accident attorney early can help ensure your case is filed on time and important evidence is preserved.
What Boating Laws Apply for Boating Accidents in New York State?
New York Stet boating laws regulate vessel operation, boating safety equipment, accident reporting, navigation rules, and boating under the influence.
Depending on the vessel and operator, New York State law may require:
- Approved life jackets
- Fire extinguishers
- Navigation lights
- Sound-producing devices
- Vessel registration
- Boating safety education courses
Boating accidents involving injuries, fatalities, disappearances, or significant property damage generally must be reported to the appropriate authorities. Operating a boat while intoxicated is illegal in New York and may result in both criminal charges and civil liability.
Violations of boating safety laws can also help establish negligence in a personal injury lawsuit.
Does Maritime Law Apply to New York State Boating Accident Cases?
Possibly. Some boating accident cases are governed by maritime law, also known as admiralty law. Maritime law may apply when an accident occurs on navigable waters connected to interstate or international commerce, including major rivers, lakes, and commercial waterways.
When maritime law applies, the case may involve:
- Federal court jurisdiction
- Different liability standards
- Specialized procedural rules
- Maritime insurance issues
- Additional legal remedies
Some boating accident claims involve both New York State personal injury law and federal maritime law.
Because maritime cases can be highly technical, it is important to work with an experienced boating accident attorney who understands both state and federal boating accident litigation.
Are Accidents Involving a Jet Ski, Canoe, or Kayak Subject to the Same Rules and Laws as Accidents Involving Traditional Boats?
Yes. In New York State, accidents involving jet skis (personal watercraft), canoes, and kayaks are generally treated as boating accidents and are subject to many of the same laws and regulations that apply to traditional boats because each is considered a “vessel” under New York State’s Navigation Law.
Operators must comply with applicable navigation and safety rules, and accidents involving death, disappearance, injuries requiring medical treatment beyond first aid, or significant property damage are generally subject to the same reporting requirements.
Liability is typically analyzed under negligence and comparative fault principles, and in some cases federal maritime law may apply. However, certain operational requirements differ depending on the type of vessel, such as registration and education requirements for jet skis and specific safety equipment requirements for canoes and kayaks.
Who Is Responsible for a Rental Boat or Marina Accident?
Boat rental companies and marinas can be held liable when their negligence contributes to a boating accident. These businesses have a responsibility to maintain reasonably safe conditions and follow proper safety procedures. They may be liable for:
- Poor boat maintenance
- Unsafe docks or marina conditions
- Defective equipment
- Inadequate safety instructions
- Renting boats to inexperienced or intoxicated operators
- Failure to provide required safety equipment
Can Defective Boat Equipment Cause a Boating Accident Lawsuit?
Yes. If defective equipment caused or contributed to a boating accident, you may have a product liability claim against the manufacturer or another responsible company. Common examples of defective boating equipment include:
- Steering systems
- Engines or fuel systems
- Navigation equipment
- Propellers
- Safety devices
- Life jackets
Manufacturers and distributors may be held responsible for dangerous design defects, manufacturing defects, or failing to provide adequate warnings and safety instructions.
Is the Boat Operator Always at Fault for a Boating Accident?
No. Although boat operators may be responsible for boating accidents, liability is not always limited to the person operating the vessel. Other parties may share responsibility depending on the circumstances, such as:
- A boat owner may negligently allow an inexperienced person to operate the vessel
- A rental company may fail to inspect or maintain the boat
- A manufacturer may produce defective equipment
- A marina may create unsafe conditions
Determining fault in a boating accident often requires a detailed investigation involving accident reports, witness statements, maintenance records, and expert analysis.
Can I File a Claim Against a Drunk Boater?
Yes. Boating under the influence of alcohol or drugs is illegal in New York State, and intoxicated boating accidents often create strong grounds for a personal injury claim.
Drunk boating accidents frequently involve:
- Excessive speeding
- Reckless operation
- Poor judgment
- Delayed reaction times
- Serious or fatal injuries
Evidence of intoxication can significantly strengthen a boating accident case and may support a claim for punitive damages. If you were injured by an intoxicated boat operator, you may be entitled to compensation for your medical expenses, lost income, pain and suffering, and other damages.
Can I Sue After an Injury on a Fishing Charter, Ferry, or Boat Tour?
Yes. Passengers injured on commercial vessels such as fishing charters, ferries, sightseeing boats, or guided tours, have the right to pursue compensation when negligence causes an accident.
Commercial boat operators and tour companies have a legal duty to operate vessels safely and comply with boating regulations. They may be liable for injuries caused by:
- Unsafe vessel operation
- Inadequate safety equipment
- Poor maintenance
- Inexperienced staff
- Intoxicated operators
- Failure to follow safety procedures
Because commercial boating accidents may involve maritime law and federal regulations, these cases can become legally complex. An experienced New York State boating accident attorney can investigate the accident and determine the best legal strategy for pursuing compensation.
Who Can File a Wrongful Death Claim After a Fatal Boating Accident?
In New York State, a wrongful death claim can be filed by the estate of a personal who was the victim of a fatal boating accident.
Families may be able to recover compensation for:
- Funeral and burial expenses
- Medical bills related to the final injury
- Lost financial support
- Loss of parental guidance
- Loss of household services
- Conscious pain and suffering experienced before death
Wrongful death boating accident claims are typically subject to a two-year statute of limitations, although exceptions may apply. Losing a loved one in a boating accident can be devastating. A compassionate attorney with experienced in wrongful death and boating accident matters can guide your family through the legal process and pursue the compensation your family deserves.
What Type of Insurance Covers a Boating Accident in New York State?
Several different insurance policies may apply after a boating accident, depending on the circumstances. Potential sources of compensation may include:
- Boat insurance
- Homeowners insurance
- Commercial liability insurance
- Health insurance
- Umbrella policies
- Uninsured or underinsured boating coverage
Insurance coverage issues can quickly become complicated, especially when multiple boats, rental companies, or commercial operators are involved. An experienced New York State boating accident attorney can identify all available insurance coverage and help maximize your financial recovery.
More Boating Accident Information
If you would like any additional information regarding boating accidents, contact Bill Moore at 716-984-4173 or wmoore@lglaw.com.
