A boating accident is the last thing that any recreant wants to think about when enjoying their time on the water. However, the presence of other boaters and individuals enjoying the water creates the risk of accidents. When a boat accident happens, you or a loved one could sustain severe injuries that can come with significant physical, emotional, and financial impacts. A skilled personal injury attorney could help with mitigating these impacts.
As an injured boater, you might be entitled to compensation for the damages caused by the accident. A Smithtown boat accident lawyer has the experience to handle complex boating injury claims and fight for the compensation you deserve.
Types of Boating Accidents
Boat accidents occur in various ways and may involve boats, jet skis, passengers, swimmers, or other individuals in the water. The most common type of incident involves negligent operation, which results in a collision with other boats, swimmers, a dock, or other landmass.
Common Causes of Boat Accidents in Smithtown
Accidents involving boats happen frequently in and around Smithtown. There are many causes of boating accidents, but the common reasons for these accidents include:
Operating a boat while distracted or under the influence of drugs or alcohol
These incidents contribute to many boating accidents each year, but there are many other scenarios to be aware of. Boating can be a dangerous activity even if precautions are taken and all parties are operating in a safe manner.
Responsible Parties for Boating Accidents
Multiple parties could play a role in causing a boat accident and thus become liable for the resulting injuries and damages. For instance, a boat accident may stem from negligence from a:
Boat tour company
Employer of an operator
It is critical to determine all of the potential parties that may have been responsible for a crash. A boating accident lawyer in Smithtown could carefully analyze all of the circumstances that led to the accident to pursue the best course of action for recovery.
Factors to Determine the At-Fault Party
There are several complex issues involved when filing a claim for damages after a water-related accident occurs. One of the main questions is which party is at fault for the accident. There are many factors that should be asked when determining fault, such as:
Was the injured party on a privately-owned boat or rented boat?
Was the boat operator properly trained?
Was the boat operator under the influence of any drugs or alcohol?
Was the operator driving the boat recklessly?
Was the boat and safety equipment properly maintained?
Did the injured individual sign a waiver or release of liability?
Was the boat designed and manufactured properly?
Determining with whom the fault lies is crucial in filing a claim and recovering compensation after a boating accident. New York follows pure comparative fault law under New York Civil Practice Law & Rules § 1411, which allocates financial responsibility between all responsible parties. Therefore, an injured individual may recover damages if they were partly at fault for the boating accident; however, the amount of compensation would be reduced by the percentage of fault.
The civil recovery process can be complex. A Smithtown boat injury attorney could help determine the at-fault parties so that an injured individual does not receive blame for other boaters’ actions.
Contact a Smithtown Boat Accident Attorney for Help
When a personal injury occurs, the claim process starts immediately. You must determine whether there is insurance coverage, how to prove negligence, what the applicable laws are, and whether there was defective equipment, all while dealing with your physical recovery. A Smithtown boat accident lawyer understands how to investigate and file a claim following an accident. Schedule a case consultation at your earliest convenience.