New Jersey Boat Accident Attorneys

Boat accidents remain a common cause of preventable injury and death in the United States. According to the United States Coast Guard, there were 43,844 boat accidents in 2023. These accidents resulted in 564 deaths, 2,126 injuries, and $63 million in property damages. In the event of an accident, drowning accounted for 75% of deaths, and 87% of those victims were not wearing a life jacket.

Boat accidents can be traumatic for all involved. Any person who is injured in a boat accident may have legal recourse through a civil claim. The New Jersey boat accident attorneys at Gersowitz Libo & Korek, P.C. are here to help. We are committed to making sure that accident victims get the medical and financial support that they need in order to recover. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to us anytime at 800-529-999.

Common Causes of New Jersey Boat Accidents

New Jersey has roughly 130 miles of coastline and about 1,700 lakes. It is therefore not surprising that a number of people use boats and various watercraft across New Jersey every year. The vast majority of boat accident fatalities involve operators who are inexperienced. In fact, a staggering 75% of deaths occurred in vehicles operated by people who had not received any boating safety instruction.

• Driver Intoxication: Alcohol continued to be a leading known factor in boat accidents. In 2023, 79 deaths involved an intoxicated boat operator, which is about 17% of all fatalities. What many boat operators don’t realize is that a variety of substances and medications can impair them.
• Excessive Speed: Speeding reduces the operator’s reaction time. Driving a boat at a high speed increases the risk of collisions, capsizing, and other mishaps.
• Weather Conditions: Boats are much more vulnerable to the hazards of poor weather conditions than vehicles. In particular, rough waters can make it much more likely that a boat operator will lose control of their vessel.
• Operator Inattention: Boat operators are supposed to pay full attention to the waters ahead of them. But this does not always happen. It can be easy for boat operators to overlook smaller watercraft, such as kayaks and swimmers.
• Mechanical Failures: A number of mechanical failures can contribute to boat accidents, including engine problems and faulty steering. Mechanical problems become much more common when proper maintenance is neglected.

The vast majority of boat accidents are preventable. One of the easiest ways to prevent fatalities is for all people on board to wear life jackets. This is important even for people who are otherwise very competent swimmers. It is also important that boat operators take the time to learn navigational rules for operating boats. There are state rules and federal laws enforced by the U.S. Coast Guard.

Liability For New Jersey Boat Accidents

Depending on the facts of any case, there could be numerous liable parties for any boat accident in New Jersey. Assessing liability involves identifying the responsible parties for an accident and determining their degree of fault. New Jersey follows a comparative fault negligence system, which allows for allocating fault to several parties. What follows are some of the entities that could be liable for boat accidents.

• Boat Rental Companies: Companies that lease or rent boats, jet skis, or other watercraft could be liable for collisions under the legal theory of negligent entrustment. A company engages in negligent entrustment when they allow a dangerous article such as a car, boat, or gun to be used by someone who is likely to use it in an unreasonably risky manner. For example, a boat rental service may have lent their vessel to someone without a license or who was clearly intoxicated.
• Boat Operators: A person who operates a boat could be liable for a boat collision. All boat operators have a legal responsibility to operate their vehicles in a reasonably safe manner. This includes obeying all navigational rules and slowing down in the vicinity of other boats or swimmers. When a boat operator fails to take reasonable measures to prevent accidents, this could form the basis of a negligence claim.
• Businesses: Companies use boats in all sorts of different capacities. This includes boats used for fishing, tourism, recreation, and cruises. When the people who operate these boats act negligently, their employers could be held at fault. Generally speaking, employers are liable for the wrongful conduct of their employees – insofar as those employees were working within the course and scope of their job duties.
• Boat Manufactures: The company that manufactured a boat or its component parts could be liable for boat accidents. A number of people have been seriously injured in boat explosions because certain parts of the engine were faulty and caused fuel to leak and ignite.

When attempting to determine liability for any boat accident, several questions should be considered. Who owned the boat involved in the crash? Who was operating the boat involved in the crash? Who was responsible for maintaining the boat involved in the crash? What factors may have contributed to the boat crash? Once these questions have been answered, it can be easier to sort through what parties could be liable.

Preventing New Jersey Boat Accidents

Operating a boat or even a smaller watercraft can be challenging in the best of circumstances. Operator education and training are key. New Jersey requires boat operators to obtain a Boating Safety Certificate. Any person considering operating a boat should enroll in and complete an approved boating safety course to learn the rules of the water, navigation, and emergency procedures. A boat license is also required to operate a vessel in non-tidal waters. Several other measures should be taken to prevent boat accidents.

• Adherence to Navigational Rules: Boat operators should adhere to all right-of-way rules in various situations. They should also stay at least 100 feet away from any person swimming in the water.
• Regular Maintenance and Inspections: Boats are complex mechanical systems and need to be regularly inspected and maintained in order to operate safely.
• Weather Awareness: Adverse weather conditions can be deadly for even the most experienced boaters. Every boat operator should check the weather before heading out and remain alert to changing weather conditions.
• Proper Safety Equipment: Boat operators should ensure that their vessels have safety equipment. This must include life jackets for all people aboard, fire extinguishers, and distress signals.
• Avoid Alcohol: Boats should always have a designated sober operator. It is dangerous to have consumed any level of alcohol before operating a boat.

When all of these safety measures are followed, most serious accidents can be prevented. Boat accidents can leave victims with serious and life-threatening injuries. The full extent of a person’s injuries is often not immediately obvious. These injuries can impact a person’s ability to be gainfully employed or to simply enjoy everyday activities. It is important that any person injured in a boat accident take certain steps in order to preserve their rights.

Steps To Take After A Boat Accident

Your health should be the top priority after any boat accident. It is important to seek medical care as early as possible. Many people suffer from internal injuries following boat collisions. These injuries can be life-threatening if not treated right away. Here are some of the steps that victims of boat accidents should take in order to preserve their rights.

• Report the Accident: Contact the local authorities or the Coast Guard immediately in order to report the accident. It is important that an official record of what took place be created.
• Exchange Information: You will also need to exchange contact and insurance information with the other boat operator(s) involved in the accident.
• Document The Scene: Take photos of the accident scene, including any damage to the boats and injuries sustained by those involved.
• Witness Information: Boat accidents will typically be witnessed by multiple parties. It is important that their contact information is gathered and that their testimonies are collected.
• Contact an Attorney: When any boat accident results in significant damage or injuries, it is always advisable to contact an attorney. They can evaluate your case and let you know if you have a claim that can be pursued.

For those who do have actionable claims, it makes a lot of sense to hire a boat accident attorney. It does not cost anything up-front to hire an attorney. They only get paid by the opposing party if they are able to successfully resolve your case. Boat operators and their insurance providers will do everything in their power to deny responsibility for any accident. Even if they are not able to deny liability, they may argue that victims weren’t seriously injured.

Getting Legal Help After A Boat Accident

The New Jersey boat accident attorneys at Gersowitz Libo & Korek, P.C. understand how difficult it can be to move forward after a boat accident. They have recovered over $1 billion for their deserving clients. This includes a $1.7 million settlement for an Atlantic County, New Jersey fatal boat accident. The boat company involved failed to provide adequate safety instruction, which would have saved a man’s life.

If you or someone that you care about has been impacted by a boat accident, you may have legal recourse. Our legal team is committed to helping victims of these accidents get the medical and financial support that they need in order to recover. Whether you just have legal questions or need any type of assistance, we are here to serve your needs. You can reach out to us anytime at 800-529-9997.