Boating is a fun pastime for many New Jersey residents who take advantage of the state’s beautiful lakes and beaches. However, there are various dangers associated with the hobby as well. If you were involved in a boating accident in New Jersey, it is imperative that you fully understand your legal options and right to recover compensation. To learn more and secure knowledgeable representation, reach out to an experienced Bergen County injury lawyer today.
What Are the Most Common Types of Boating Accidents?
Anything can happen on the water, but the most common types of boating accidents include the following.
- Collisions with other vessels, docks, buoys, or other objects
- Passengers falling overboard
- Capsizing
- Drawing
- Grounding
- Flooding/sinking
- Mechanical failure
- Slip and falls
The potential dangers of boating are why it is important to ensure you are equipped with the necessary safety equipment, like life jackets, flares, and fire extinguishers. However, if an accident is unavoidable, it is crucial that you understand your legal options.
Can I Recover Compensation After a Boating Accident in NJ?
Like with any other accident, your right to recover compensation for a boat accident depends on the details and circumstances of the situation. If your accident was caused by another party’s negligence or reckless behavior, then yes, you can pursue legal action for compensation and damages.
Your ability to recover damages hinges on whether you can prove that the other party is at fault. This is most commonly done by establishing negligence. The four elements of negligence that must be proven in order to recover compensation after a boating accident include the following.
- Duty of care: The defendant owed you a duty of care. For example, if you chartered a boat for the day, the crew owes you a duty of care to operate safely.
- Breach of duty: The defendant breached the duty of care they owed you. For example, a breach could be found if the captain was driving while intoxicated.
- Causation: The defendant’s breach of duty directly caused or contributed to the accident and your damages. For example, because the captain was intoxicated, he was reckless and hit another boat.
- Damages: You sustained real, compensable damages as a result of the accident, like personal injuries and property damage from the collision.
If you can provide evidence demonstrating all four of the above elements of negligence, you can prove that the defendant was responsible for your accident and be awarded compensation for your damages.
What is the Statute of Limitations for Boat Accidents?
In addition to being able to provide evidence of the defendant’s fault, it is important that you follow all legal requirements when filing a claim or lawsuit. The statute of limitations in New Jersey is 2 years for personal injury cases. This includes damages sustained in a boating accident. If you fail to file within 2 years of the accident, you could lose your right to compensation.
For more information and skilled legal advice, consult with a knowledgeable personal injury attorney today.
