Boating is a popular activity in New Jersey in the spring and summer. While many people enjoy boating with friends or riding and working on commercial vessels, a boating accident can change the course of your life forever. To ensure that you’re covered in case something goes wrong with the boat you’re on or the boat operator is impaired and gets into an accident, call RAM Law, a prestigious NJ boat accident law firm with years of experience representing injured boaters. They don’t get paid until you get the compensation you need.
What Can I Do if I Have a Boating Accident in New Jersey?
Multiple parties may share responsibility for a watercraft mishap. For instance, you may be able to sue the boat’s manufacturer to recover damages for your injuries if a faulty portion of the vessel was the source of the issue. It’s your boating accidents lawyer’s job to track and prosecute any parties who might be at fault. To do your part in developing a strong personal injury case, actions you should take if you’re involved in a boat accident include:
Informing the authorities. Just like with auto accidents, call the police and/or the marine patrols in the event of a boat accident.
Getting contact details. Witnesses on or off the boat may bring additional information to bear for your case, so get names and phone numbers of anyone involved or who saw the accident.
Snapping photos. Take pictures and videos of the scene, damages you can view, and your and others’ injuries.
Writing down details. Stop as soon as you can, and while the details are still fresh in your mind, write them down. Memories change and slip with time.
Seeking medical assistance. If you need it, go to the hospital, or see a doctor and keep records and receipts of every visit related to the accident.
If you enjoy playing in the water, New Jersey is a great place to be. Water skiing, surfing, parasailing and boating are popular activities in the Garden State. And because water sports are so popular, accidents involving boats are common and often result in injuries. Some of these incidents may be brought on by one or more careless individuals, resulting in the need for a boating accident lawyer. To ensure that you receive better compensation, the boating accident lawyers at RAM Law can handle all the technicalities and provide answers to your inquiries.
What Are Different Boating Accident Types and Causes?
Many of the state’s waterways are congested with boats during the warmer months, increasing the likelihood of accidents of every kind, from crashes that result in minor injuries to overturned vessels or large boat wrecks. Even the most cautious boaters can occasionally become victims of other people’s carelessness.
Two major elements are at the center of personal injury lawsuits. First, there needs to be an injury that was brought on by someone else’s carelessness. Secondly, there needs to be proof of harm. Like auto accidents, boating accidents can happen for many reasons, including:
Driving too fast. Speeding impairs the operator’s ability to react quickly and maneuver skillfully in the event of unforeseen impediments or situations, which is a major contributing factor to boat accidents.
Not maintaining safety equipment on board. Accidents caused by mechanical breakdown and maintenance problems can leave boaters stranded or in perilous situations while on the water, particularly in heavily trafficked shipping lanes, in which case you may be in need of an experienced barge accident lawyer.
Inattentiveness and distraction. Serious boating accidents can result from distractions caused by other passengers onboard or by not paying attention to the environment, upcoming weather dangers and other potential threats.
Overbooking travelers. A boat’s stability can be affected by overloading it or loading it unevenly, which raises the possibility of capsizing or swamping.
Consumption of alcohol. Alcohol is the main culprit in many boating accidents. Boats are a popular way for Americans to relax and spend a fun-filled day on the open sea and often boat drivers don’t realize how easily they can get into trouble on the water when they’re impaired.
Using a boat at night. Since visibility is diminished and it becomes more difficult to judge distances and recognize hazards, boating at night presents special risks and obstacles.
Inexperienced operators. Because they’re not used to operating a boat, which doesn’t have brakes like a car or motorcycle, inexperienced boaters cause many accidents. In fact, a boat operator’s lack of safety instruction has been connected to up to 81 percent of boating fatalities.
Maintenance problems and mechanical failure. Maintaining the safety and dependability of your boat requires frequent inspections and proper maintenance.
Lack of safety gear on board. When someone is hurt, they typically lose the ability to swim well enough to survive an accident on their own. Life jackets can reduce boating deaths by sixty-six percent.
Navigational mistakes. Boating accidents can result from navigational errors in some ways, frequently as a result of poor planning because of situational awareness, or incorrect use of navigational aids.
These are only a few instances of the many ways boating mishaps can happen. It’s possible to lower the danger of accidents and guarantee the safety of everyone on board by putting appropriate boating safety procedures into practice. These include adhering to navigational guidelines, maintaining equipment and remaining alert while on the water.
How Do You Determine Who’s at Fault in a Boat Accident?
Recalling the events leading up to the accident is crucial when a passenger is hurt in a boating accident. In any personal injury case, but particularly in boating accidents where it can be challenging to reconstruct an event on ever-changing and rushing waterways, this kind of material helps determine liability. Important inquiries your boating accidents lawyer make include the need for information about whether:
The operator took proper care of their vessel. Since their actions frequently have the greatest impact on the outcome of a voyage, it stands to reason that the operator of the vessel should be the first to be questioned about how and why a boating accident occurred. If you were a passenger in a boating accident, try to remember the behavior and attitude of the boat operator toward their role. Were they always in charge of the ship and themselves? Did they regularly act carelessly and irresponsibly, disregarding the responsibilities of their positions? If they were reckless, you could be able to hold the operator legally responsible for damages.
The boat operator was intoxicated. The use of a vessel when intoxicated by alcohol, using a narcotic, psychedelic or mood-altering substance is strictly illegal in New Jersey waters. The law also forbids an owner from letting someone operate their vehicle when that person is in any of these altered states if the operator is not the vessel’s owner.
The mishap was caused by human mistake. The water’s depth and comparable mistakes can be used to establish who is at fault in an incident. Not knowing about a factor does not absolve one from taking it into account.
The boat is seaworthy and has the necessary safety equipment. To establish a vessel’s unseaworthiness and establish an owner or operator’s liability, the claimants must provide proof. The owner of a vessel may be allowed to request exoneration or limitation of liability for the case even though his vessel was engaged in a boating accident that resulted in bodily injury if you were unable to produce evidence of such quality.
The boat has some sort of defect. An accident involving a boat may be the responsibility of a manufacturer. The boat’s maker may be judged more accountable than the operator despite the latter’s careless handling of the craft given that the boat was unable to withstand the adverse conditions in which it was operating or to keep its occupants safe in the end.
The operator is qualified and experienced in operating their boats. With a few exceptions, power vessel operators in New Jersey are required to hold a license and undergo training. An operator can be found guilty of infringing the law and subject to sanctions if they’re not licensed or trained and don’t qualify for an exemption. This also means that they bear some of the blame for any mishap that happens while they’re in charge of a vessel.
But the answers to many of these questions would only be clear if you were one of the passengers on the vessel owned by the accountable party. You would have to rely on police reports and other eyewitnesses to provide answers to these questions if you were either the operator of a different vessel or a passenger on a separate vessel.
Finding the cause of a boating accident that results in bodily harm is something that a boating accident lawyer may accomplish, along with submitting the required motions. Furthermore, an experienced attorney with a boat accident law firm can present the facts of the case and make the strongest case possible for the culpability of the individuals involved.
Is There a Difference Between Accidents in Recreational vs. Commercial Boating?
Regardless of size, both private and commercial vessels have the same entitlement to use public waterways. All ship captains and operators, however, have obligations to the people on board as well as other surrounding vessels. To prevent injury to other boaters and swimmers in the same waterways, both commercial and recreational vessels must maintain a proper watch and show reasonable caution.
Accidents during recreational boating. It’s the responsibility of the owner or operator of a private vessel to ensure the safety of every passenger. Federal regulations also mandate that the owner or operator of a recreational vessel maintains compliance with local, state and federal laws, as well as mandatory safety equipment.
Accidents using personal watercraft. Wave runners and jet skis are examples of personal watercraft equipment that offer fun transportation and entertainment. But because of their speed and dexterity, these technologies potentially increase the risk of harm. An irresponsible operator runs the risk of colliding with another boat, an object, or even a swimmer who is not paying attention, making them liable for damages and injuries.
Business boat accidents. The safety of the people on board a commercial vessel, yacht, fishing boat, dive boat, or ferry is often the responsibility of the captain. If a passenger sustains an injury while on the trip, they may be able to sue the captain, the boat business or another party. Consult with a knowledgeable boat accident law firm who can pinpoint the guilty parties.
While there are inherent dangers associated with boating, there are differences in the frequency, causes and severity of accidents between the recreational and commercial boating sectors due to differences in their legal frameworks, goals and operating contexts. For both recreational and commercial boating, reducing hazards and guaranteeing the safety of people and the environment depend heavily on effective safety measures, training initiatives and regulatory compliance.
What Happens if a Boat or Jet Ski Hits Me While I’m Swimming?
New Jersey lakes are frequently crowded with boats, jet skis, water skiers and swimmers in the summer. Accidents are more likely to happen when there are more people and boats in the water, especially when swimmers and boaters lose concentration and don’t realize how close they are to one another. Boat-on-swimmer mishaps could include:
A swimmer in the water is struck by a boat propeller.
A boat collides with or runs over a swimmer.
A boat goes into a designated swimming area without permission.
A boater falls overboard and gets struck by the vessel they were on or another vessel going by.
A swimmer gets tangled in fishing line, rope or other fishing equipment fastened to a vessel.
Inquiries concerning your swimming activities will be made. In addition to being asked if the river or lake was open for safe swimming, you will also be asked if you knew that watercraft were using it and had taken precautions to stay away from them. When answering these questions, make sure you’re completely honest. Your responses will be used to assess your liability and will be used against you if they are discovered to be inaccurate or misleading.
How Can Experienced Boating Accident Lawyers Help Me?
Cases involving boat accidents are intricate legal affairs. Federal, state and even international law may be applicable, depending on the location of the accident. When seeking compensation for your injuries, find a lawyer who is knowledgeable about these laws.
With decades of combined experience, the skilled legal team at RAM Law has fought for the rights of accident victims across New Jersey. They possess the knowledge and tools necessary to thoroughly investigate your allegations and present a compelling case in your favor. To build the strongest case possible, your boating or barge accident lawyer and their trained investigators takes steps that include:
Examining the evidence that was found at the crash site
Collaborating with knowledgeable witnesses
Reconstructing the accident scene
Assembling the most recent video footage related to the collision
Speaking with witnesses who observed the collision
Examining your medical records
When You Are Injured, Our Boating Accident Lawyers at Rebenack, Aronow & Mascolo, L.L.P. Will Help
An accident can be life-changing and saddle you with mounting medical expenses, lost income, and pain and suffering. Our seasoned Personal Injury lawyers at Rebenack, Aronow & Mascolo, L.L.P.can help. Call 732-247-3600 or contact us online to schedule a free consultation. We are located in New Brunswick, Somerville, and Freehold, New Jersey, and we serve clients in Middlesex County, Monmouth County, and Somerset County.
