Englewood, NJ Boat Accident Attorney

The aftermath of a boating accident may leave you with extensive medical bills, along with significant pain and suffering. Consult a knowledgeable New Jersey boat accident attorney to seek financial compensation.

Understanding Boat Accidents In New Jersey

Thanks to the state’s prominent coastline, countless New Jersey residents love to embark on watercraft joyrides. The popularity of boating can pose significant safety concerns. Collisions with other boats or structures account for numerous maritime injury claims, while the risks of capsizing and falling overboard remain significant.

New Jersey has one of the highest occurrences of boating accidents every year, according to data from the U.S. Coast Guard. The Garden State was one of 10 states to see at least 100 waterway accidents occur annually from 2019 to 2023. In 2023 alone, damages from boating incidents in the state totaled over $2.7 million.

Common Causes of Boat Accidents

You can sustain a personal injury while boating due to reckless or negligent behavior. Our boat accident lawyers handle complex cases involving the following incidents:

• Operator inattention and inexperience: If the boat driver fails to pay attention to their surroundings or doesn’t have the proper training, it can lead to disaster.
• Boating under the influence: Drinking and driving can cause collisions on the road and the water.
• Excessive speed and reckless operation: Unsafe driving habits increase the risk of collision or passengers falling overboard.
• Equipment failure and improper maintenance: Performance problems with the vessel, such as a broken motor or propeller, could impact the safety of everyone on board.
• Hazardous water and weather conditions: Devastating incidents are possible when operating a boat in dangerous conditions. Large waves and intense storms affect one’s ability to control the watercraft.

Boat Accident Injuries

Our New Jersey boat accident attorneys assist clients with significant injuries due to maritime negligence. Common forms of pain and suffering that victims may mention in their claims include:

• Common physical trauma: A slip and fall aboard a ship could lead to fractures or even spinal cord damage. Head injuries may occur due to the sudden impact of a collision.
• Drowning and near-drowning injuries: In instances of near-drowning, victims can experience symptoms like confusion, chest pain, and a distended abdomen.
• Hypothermia and cold-water immersion effects: Prolonged exposure to cold water or conditions makes someone susceptible to hypothermia. According to the Mayo Clinic, having your core body temperature drop below 95 degrees can lead to a weak pulse, loss of consciousness, or even death.
• Psychological trauma: Survivors of maritime disasters may experience frequent flashbacks of the event, along with anxiety or depression. Our attorneys advocate for adequate pain and suffering damages regarding a victim’s diagnosis of post-traumatic stress disorder and other signs of emotional distress.

New Jersey Boating Laws and Regulations

State regulations aim to keep all operators, passengers, and swimmers safe on the water. Current boating safety laws include:

• Age requirements for vessel operators: Anyone between the ages of 13 and 15 can operate a vessel less than 12 feet long and with an electric motor with less than 10 horsepower. Those 16 and older can operate other powered vessels with the proper certification.
• Mandatory training and licensing: New Jersey requires all powered watercraft operators to complete a safety course and receive certification before they hit the water.
• Safety equipment requirements: Large vessels must feature personal flotation devices for passengers, fire extinguishers, and distress signals in the event of an emergency.
• Speed and wake regulations: When passing bridge spans, docks, work barges, or emergency vessels with flashing lights, drivers must reduce their speed. “No Wake Zones” also exist to help boaters reduce their speed.
• Alcohol and substance use restrictions: Operating a watercraft with a blood alcohol concentration higher than 0.08% will result in fines and a loss of boating privileges. These penalties become steeper for subsequent offenses.

Elements of Negligence in Boating Accidents

When you consult a New Jersey boat accident attorney about seeking compensation for your injury, they look to prove negligence on the water. How can you establish that your injury is because of someone else’s careless or reckless behavior?

Lawyers determine liability based on the following:

• Duty of care for boat operators and owners: Anyone operating a vessel is expected to do so responsibly. It’s their legal obligation to take the proper safety precautions to prevent accidents.
• Breach of duty of care through negligent actions: If someone is under the influence of drugs or alcohol while operating a watercraft, they’re directly violating their duty of care. Other negligent actions include speeding or not paying attention to their surroundings.
• Causation between negligence and injuries: Witness statements and medical records often confirm that someone sustains their injuries because of another party’s negligence on the water.
• Damages stemming from the accident: Extensive economic and non-economic damages must arise from the incident. Damages can include everything from medical bills to lost wages and long-term psychological trauma.

Maritime and Jones Act Claims

If you suffer from a watercraft injury, legal help is available regardless of the nature of the accident. Recreational boaters must be aware of the risks whenever they come aboard the vessel, while maritime workers must recognize their protections.

The Jones Act, a federal maritime law, applies to New Jersey waters when ships transport cargo between domestic ports. Seamen working on these ships can seek compensation from their employer in the event of a workplace injury. Jones Act claims must prove that the injury stems from negligence on behalf of the employer, such as failing to maintain equipment onboard.

This legislation restricts the type of worker eligible for compensation following an injury. Maritime workers not recognized by the Jones Act can still seek damages.

The Longshore and Harbor Workers’ Compensation Act, another federal law, applies to various workers at ship terminals. Much like standard workers’ compensation, this law reimburses injured employees when the employer is at fault for an injury.

Navigating maritime law can be complex, so you need a reputable New Jersey boat accident attorney to explain your options. This area of law differs from standard personal injury law in a few distinct ways, including:

• The statute of limitations
• Which court oversees jurisdiction
• The premises where the injury takes place

Determining Liability in Boat Accidents

It’s the responsibility of your New Jersey boat accident attorney to hold the appropriate parties responsible for your injury. Gathering sufficient evidence allows lawyers to establish liability and build a compelling case.

When it comes to accidents on the water, several individuals or entities may be held liable. These include:

• Boat operators and owners
• Rental companies and tour operators
• Manufacturers of defective boats or equipment
• Government entities responsible for waterway maintenance

It’s possible that your injury may be due to negligence from several parties. Say you embark on a recreational sailing tour, but the boat capsizes due to faulty equipment. The manufacturer and the tour company may both be responsible for damages, as they should inspect all their vessels for safety concerns.

Reviewing Evidence in Boat Accident Cases

The outcome of a boating accident lawsuit depends on the amount of evidence supporting a victim’s claim. Attorneys often gather evidence from various sources and officials to fully understand the nature of the accident, as this helps determine liability.

Marine safety investigations and accident reports shed light on any hazards contributing to the injury. Physical and digital evidence, such as GPS data or damaged equipment, also provides insight that may support a victim’s claim. Finally, witness testimonies play a crucial role in building a strong case.

Compensation for Boat Accident Victims

A personal injury attorney will seek damages for victims based on the extent of their pain and suffering. Maritime injury claims are no different. Victims can recover both economic and non-economic damages if their attorney can successfully negotiate a settlement.

Economic damages may include accident-related medical bills and the cost of ongoing treatment. If victims cannot work or have a diminished earning capacity after their injury, they may seek lost wages. The cost of repairing property damage could also be covered in the settlement.

Surviving a waterfront accident isn’t without its emotional challenges. Attorneys often advocate for victims to receive pain and suffering damages.

Statute of Limitations for Boat Accident Claims

In the wake of a watercraft collision, capsizing, or other traumatic event on the water, hiring a lawyer might not be the first thing on your mind. However, it’s crucial to consult legal professionals as soon as possible to comply with the statute of limitations. New Jersey places a two-year filing deadline on personal injury claims, and courts will dismiss your case if you fail to comply.

Maritime injury claims have a three-year statute of limitations under federal jurisdiction. One exception is the “discovery rule,” which means that if you don’t notice symptoms of an injury until later, your three years begin from the date of discovery.

Either way, you’ll want to consult a lawyer as soon as possible to discuss your options.

Comparing Out-of-Court Settlements Versus Full Litigation Outcomes

Hiring a New Jersey boat accident attorney doesn’t always mean you’ll bring your case to trial. Oftentimes, victims agree to settlement offers following strategic negotiations involving their lawyers. Settling the case out of court may be the faster solution, though litigation may be necessary if both parties can’t agree.

Knowledgeable lawyers advocate for fair settlement offers by assessing your economic damages and emotional distress following the incident.

Assessing Damages in Boat Accident Cases

How much could your case be worth? Legal professionals aim for settlements that include the following damages:

• Medical expenses, including ongoing care
• Lost earnings
• Boat repairs or other forms of property damage
• Pain and suffering

In cases involving permanent disabilities or death due to an accident, lawyers advocate for higher payouts accordingly.

New Jersey’s Boating Accident Resources

After a collision or other incident on the water, contact the authorities for help. New Jersey State Police’s Marine Services Bureau handles all accident reports.

Victims may receive medical treatment at facilities that specialize in treating water-related injuries. In addition, support groups are available for survivors.

Why You Need a New Jersey Boat Accident Attorney

When you endure a serious injury or lose someone in a tragic, wrongful death case, you don’t have to endure the aftermath alone. Let a reputable lawyer practicing in this area help you navigate the complexities of maritime and state laws.

They’ll gather sufficient evidence to strengthen your case and passionately negotiate with insurance companies for fair compensation. They’ll also represent you in court should the case lead to a trial.

The Sadaka Law Approach to Boat Accident Cases

Trust our New Jersey boat accident attorneys to give your case personalized attention. At Sadaka Law, we have a proven track record of successful maritime injury cases and won’t charge you a penny unless we recover damages for you. We’re the team you can trust to advocate on your behalf.

Contact our firm today at (800) 810-3457 for a free consultation and case evaluation.