According to the New Jersey Department of Environmental Protection, there are over 160,000 registered boats in New Jersey as of 2021. New Jersey has over 130 miles of Atlantic coastline and numerous lakes, rivers, and bays, making it a popular destination for boaters. The most popular boats registered in New Jersey are powerboats, personal watercraft (such as jet skis), and sailboats. The top five counties in New Jersey with the highest number of registered boats are Ocean, Monmouth, Atlantic, Cape May, and Bergen. As may be expected, with boating comes boating accidents, some of which result in serious injuries. When boating accidents leave injured victims, questions arise as to who may be at fault for the accident and what legal avenues may be pursued to recover compensation from those responsible.
Every type of accident has specific issues to address; boating accidents, in particular, have several nuances. If you were involved and injured in a boating accident, it’s important to seek the guidance and counsel of the experienced personal injury lawyers at Chamlin, Uliano, & Walsh. You can seek just compensation if someone else’s negligence has harmed you in Long Branch, Sea Girt, Spring Lake, Island Heights, Asbury Park, Beach Haven, Bradley Beach, Toms River, and other communities across the New Jersey Shore. Don’t hesitate to contact our New Jersey boating accident attorneys for a free initial consultation by calling (732) 440-3950 or requesting a free case review.
In New Jersey in 2021, there were 100 boating accidents, with seven fatalities and 44 non-fatal injuries. The reported damages were more than $1 million. In terms of boating under the influence (BUI) arrests, the New Jersey State Police reported 112 BUI arrests in 2021. It was reported that most accidents occurred during clear weather and calm waters, with little wind or other hazards. 83% of the deaths were drownings, as no life jackets were used, and three-fourths of the accidents occurred when the boat operator had not taken a boat safety course that met the National Boating Education Standards. Motorboats, personal watercraft, and cabin motorboats are the most popular types of boats, but kayaks, open motorboats, and pontoons were the vessels with the most accidents.
There are several reasons why boating accidents occur. Sometimes, the same accident will have multiple factors.
The most common fatal injury is drowning. Boaters and passengers find life jackets cumbersome and too hot in the summer. The notion exists that there will be time to put on a life jacket in the moment of the accident, and nothing could be further from the truth. Traumatic Brain Injuries (TBI) are common when slipping on a wet deck or hitting your head on the railing. Lacerations, sometimes from the rotor blades, if you get too close or crushed or severed limbs. Broken bones and injuries to joints, ligaments, and tendons are common. One of the most devastating injuries is spinal cord damage, which can result in paralysis.
Operators should always be alert and maintain a lookout for other boats, floating objects, and hazards in the water. It is a good idea to ask a friend to help you, a co-captain. Inexperienced boaters should have a more seasoned boater for several trips to give them direction and advice. Similar to driving on the road, boats must keep to the right side of the waterway when navigating in opposite directions, and if two boats are coming straight at one another, they should both turn to the starboard side. The give-way vessel is the boat that must yield the right-of-way to the stand-on vessel. This is usually the boat that has the other vessel on its starboard side. The stand-on vessel (the boat going straight) has the right-of-way and should maintain its course and speed. It is the responsibility of the give-way vessel to avoid a collision. Boats should use sound signals to indicate their intentions when communicating with other boats, such as when passing another boat, entering or leaving a harbor, or in times of low visibility. Boats should always adhere to speed limits posted in their boating area. Slow speeds may be necessary for specific areas or in adverse weather conditions. Boaters should be aware of the designated anchorage areas and ensure they are not blocking channels or impeding the passage of other boats.
A boat operator who is negligent or under the influence of alcohol or drugs could be liable. When a boat owner allows someone who is impaired or not trained to operate the boat, they can be held liable. If the boat doesn’t have the necessary safety gear or needs repairs that the owner was aware of, the owner may be liable. If another passenger acted negligently, putting others in danger, that passenger could be held liable. Sometimes manufacturers create a mechanical defect when building the boat that could cause it to malfunction, causing an accident. In the same vein, if dockworkers or mechanics who provided repairs or maintenance on the boat were negligent in some way, they could be liable for the accident.
You can receive compensation for lost wages and future earning potential, medical expenses both now and in the future, emotional distress, physical therapy, damage to your boat, and pain and suffering.
Choosing a personal injury attorney with experience in these types of situations is of the utmost importance if you or a loved one has been hurt in a boating accident. Accidents of any kind are traumatizing and frightening, but you have rights. With over 50 years of experience handling these types of cases on behalf of injured victims, the lawyers at Chamlin, Uliano, & Walsh will evaluate the crash, reconstruct the incident, and interview expert witnesses to build your case. We know how to gather witness statements and locate any recorded footage by anyone on the boat in Lavallette, Shrewsbury, Red Bank, Brick, Barnegat, Seaside Heights, Manasquan, Neptune, Asbury Park, and throughout Southern New Jersey. We will work with you step by step, reviewing your medical records and negotiating with the insurance company to obtain the best settlement possible. If your case requires litigation at trial to achieve maximum damages, we will head to court with a well-devised case to prove liability.
Start the process by calling (732) 440-3950 for your free consultation. It is important to remember that the statute of limitations on this kind of case is two years from the date of the accident. Don’t let time run out on your chance at compensation.