No one starts a day of boating with the expectation of being involved in an accident.
Nevertheless, more than a hundred boating accidents happen annually across New York waterways. In some cases, boating accidents occur due to one party’s wrongful act or negligence.
If someone else’s negligence causes a boating accident and you suffer injuries, you may qualify to file a personal injury claim to recover compensation for your damages.
At the Law Offices of Theodore A. Naima, we know what it takes to secure a personal injury settlement after a boating accident.
Our team can help locate the evidence you need to establish your claim and negotiate with the opposing party on your behalf.
Contact an experienced Brooklyn boating accidents lawyer with the Law Offices of Theodore A. Naima today to schedule your free initial consultation.
Where Do Boating Accidents Happen in New York?
New York State offers its residents and visitors many opportunities to enjoy boating on various lakes, ponds, and open waters.
Recreational boating in New York State is an $8 billion industry.
Boaters can sail on the Atlantic Ocean, the Long Island Sound estuary, and the St. Lawrence Rivers.
New York is also home to the Hudson River, Lake Champlain, and two Great Lakes.
In 2021, Suffolk County saw the most boating accidents in the state, reporting 52 boating accidents and five fatalities.
Suffolk County is the easternmost county of New York and encompasses the eastern end of Long Island, as well as several smaller islands.
Westchester County reported the second-highest number of collisions in 2021, with 27 boating accidents and three fatalities.
If you suffered injuries in a boating accident in New York, contact the Law Offices of Theodore A. Naima today.
Boating Accident Statistics in New York
The number of boating vessels registered in New York peaked in the early 2000s and has steadily decreased.
Since the 1970s, fatalities in boating accidents have decreased consistently.
In 2021, New York State reported approximately 192 boating accidents, down from 240 in 2020.
The number of injuries decreased from 127 to 118, and the number of fatalities decreased from 31 to 18.
While the number of deaths increased in New York, boating fatalities nationwide increased by 25.1% from 2019 to 2020.
The most common type of boating accident in New York is when two boats collide with each other.
When boating in crowded waters, drivers must be cautious to prevent collisions.
While boat collisions make up the most accidents, the majority of fatalities occur when an occupant falls out of the boat or a boat capsizes.
Approximately 67.5% of all boating fatalities from 2005 to 2021 resulted from drowning. In 2021, 81% of boating fatalities where the cause of death was known were a result of drowning.
Of the drowning victims with reported life jacket usage, 83% were not wearing a life jacket.
Causes of Boating Accidents
Some boating accidents are unpreventable. For example, poor weather conditions can cause a boat to capsize. The wrongful or negligent conduct of boaters causes other boating accidents.
Some common behaviors that may lead to a boating accident include:
- Distracted driving,
- Boating in poor conditions,
- Driving under the influence of drugs or alcohol,
- Lack of proper boat lights,
- Violation of navigation rules,
- Lack of experience,
- Erratic passenger behavior, or
- Turning too sharply.
If another boater’s negligent behavior caused your injury, they might be liable for the harm you suffered.
Contact one of our Queens boat accident attorneys at the Law Offices of Theodore A. Naima today so we can review your case.
Who Is Liable for Boating Accidents in New York?
If the person operating a boat is negligent, they may be liable for the injuries you suffered due to their behavior.
You can establish negligence by showing that the responsible party:
- Owed you a duty of care,
- Breached that duty of care, and
- Caused the accident because of their negligent behavior.
Additionally, you must show that you suffered damages as a result of the boating accident.
In other cases, an employer or boat owner may be liable for the losses stemming from a boating accident.
For example, an employer may allow an employee without the proper training to operate a boat.
If the employee crashes the boat and causes another party to suffer injuries, the employer may be liable for their losses.
Consult with one of our boat accident attorneys at the Law Offices of Theodore A. Naima to discuss the responsible party in your injury claim.
What If I Contributed to a Boating Accident?
New York law does not prohibit recovery if you are partially responsible for a boating accident. Instead, the court will reduce the total settlement by your percentage of culpability.
For example, if a court awards a $100,000 accident settlement, but the court finds you 30% responsible for the accident, the award will be reduced to $70,000.
Damages After a Boating Accident
When deciding whether to seek compensation for injuries sustained in a boating accident, consider some of the damages you could receive as part of your settlement.
Every boating accident is different, so the value of your settlement claim will depend on the facts of your case.
Common types of damages in a personal injury case include:
- Medical bills,
- Future expected medical expenses,
- Lost wages,
- Loss of future earnings,
- Physical pain and suffering, and
- Disability and disfigurement.
Filing a personal injury claim is one way you can hold the defendant accountable for their conduct. Our team will fight to ensure you receive the compensation you deserve for your losses.
Contact our team today to begin your free initial consultation.
How Can a Boating Accident Attorney Help My Case?
If you are unsure about the benefits of hiring an attorney, here’s a look at some of the ways the Law Offices of Theodore A. Naima can assist you with your personal injury claim:
- Interviewing witnesses;
- Obtaining relevant video footage;
- Speaking with the defendant’s insurance company;
- Obtaining your accident report;
- Ordering copies of your medical reports, lost earnings statements, and repair estimates;
- Negotiating a potential settlement offer with the defendant’s insurance company, and
- Hiring potential experts such as accident reconstructionists, medical doctors, and boating experts.
We will also prepare your case for trial if necessary.
Contact a New York Boating Accidents Attorney at the Law Offices of Theodore A. Naima Today
Theodore “Ted” Naima has over two decades of experience representing victims injured in boating accidents. We are confident in our ability to effectively and efficiently represent your claim.
In 2015, Ted was awarded the prestigious AV Preeminent® rating from Martindale-Hubbell®, signifying the highest degree of peer recognition and professional excellence.
The same year, Ted’s jury verdict of $9,000,000 in the Ramos v. Bartis case was inducted into the New York Law Journal Verdict Hall of Fame and recognized as the highest jury verdict award in New York State in 2015 in a pedestrian motor vehicle accident.