The New York Boat Injury Accident Guide was created by Andrews, Bernstein, Maranto & Nicotra, PLLC to help residents that have been seriously injured by the negligence of another on a boat. We offer free consultations!
Navigating Negligent Accidents on the Water
Because New York in the summer is so short, everybody who has a boat is usually out on the lake using it. Summer weekends can be very busy around the water ways. While these activities can be fun for adults and the family, when safety precautions are not taken on the water, accidents can result that can cause passengers and others to suffer serious injuries.
Causes of Boat Accidents and Injuries
The most common types of boat accidents are collisions with other vessels, collisions with fixed objects such as a pier, and passengers falling overboard. According to the U.S. Coast Guard, the most common causes of boat accidents include:
- Alcohol use
- Careless or reckless operation
- Excessive speed
- Hazardous waters
- Operator Inexperience.
Common Causes and Injuries of Boating Injuries and Fatalities
There are several factors that go into the cause of these incidents. Very few of them are accidents. People choose to speed or consume alcohol or operate their vehicle outside of their own comfort level or experience level. The accidents we see often involve somebody who is driving recklessly or has been out drinking either on the boat or at a local bar or restaurant and then boating. Unfortunately, all these factors together tend to create hazard out there.
The most common types of injuries we see in watercraft accidents are contusions, bumps, and bruises, but also broken bones, head injuries, and traumatic brain injuries because when the impact or collisions do occur, people typically get thrown about quite seriously. There are not the same protections in a watercraft that there are in vehicles, so there are a lot of impact accidents as opposed to a car accident where there is a lot of whipping, and cervical acceleration/deceleration because you are held tightly in the seat by the seat belt. Watercraft accidents can be a much more severe type of impact accident.
What Should I Do if I was Injured on a Boat?
We recommend they do a couple of things immediately if they haven’t done so already. One, is to seek medical treatment immediately for anything that is bothering you, photo document any bruises or damages or injuries, and try and put together a short journal entry or write down witness names or information that might help your attorney do the investigation because every case involves two parts. Number one, what was the fault or the negligence? Number two, what are the injuries? If you do have this circumstance happen to you, you should call an attorney who is qualified immediately to do both the investigation and the injury assessment for you.
How Much Time Do I Have to Bring a Water Craft Accident Claim Forward?
New York State does not differentiate among claims depending upon what the injured party may have been riding or driving when it comes to the statute of limitations. General negligence is still subject to a three-year statute of limitations. However, even though you have that much time to sue, the most important elements of a case are often established through early investigation – including interviews and the sharing of facts about the incident with your attorney. It’s also important to get the proper medical care promptly. If you are injured in a boating accident due to somebody else’s carelessness or negligence, certainly the owner of that boat or the operator of that boat is legally responsible for your injuries.
What Type of Injuries Usually Occur in a Boat Accident?
The most common types of injuries we see in watercraft accidents are contusions, bumps, and bruises, but also broken bones, head injuries, and traumatic brain injuries because when the impact or collisions occurs, people typically get thrown about the boat quite seriously. There are not the same protections in a watercraft that there are in vehicles, so there are a lot of impact accidents as opposed to a car accident where there is a lot of whipping, and cervical acceleration/deceleration because you are held tightly in the seat by the seat belt. I advise clients that watercraft accidents can be a much more severe type of impact accident.
If you or a loved one have been seriously injured on a boat or watercraft, contact Attorney Kenneth Szyszkowski in Buffalo to fight for you.