Queens Boat Accident Lawyer
If you’ve been injured while enjoying our state’s waterways, it’s important to understand your options for legal recourse if you believe another party caused your injury. Injured individuals in Queens, New York, need to know what to do in case a boater harms them on the water. Boating and ferry accidents function largely around the same laws governing motor vehicle accidents. To obtain compensation for their injuries, plaintiffs (injured parties suing for damages) must prove negligence on part of their defendants (people or parties being sued). If you’ve been injured on New York’s waterways, it’s best to contact our Queens boat accident attorneys to assure you are properly compensated from the accident.
Injuries from Boat and Ferry Accidents
Much like motor vehicle crashes, boat and ferry accidents can cause a variety of injuries. Watercraft operators are responsible for the safety of their passengers, and must ensure their vessels are safe and have all necessary safety equipment including fire extinguishers, life jackets, and other obvious safety features. Watercraft must also be well maintained to prevent injuries to occupants while on the water.
Watercraft operators must also operate their vessels as they would any other vehicle. Operating a watercraft under the influence of illicit drugs or alcohol is as dangerous on the water as it is on the road. In some cases, doing so is more dangerous due to reduced visibility and the clunky maneuverability of watercraft compared to motor vehicles. Watercraft operators must be vigilant at all times while operating their vessels.
If a boat strikes a swimmer, the swimmer may suffer injuries from the machinery on the underside of the vessel, such as propellers. Swimmers struck by boats are almost always near the surface of the water, meaning their heads are the most vulnerable to passing boats. If a boat strikes a swimmer in the head, it may result in a traumatic brain injury, such as a concussion. More-serious cases may knock a person unconscious, causing them to drown.
Establishing Negligence in a Boating Accident
Personal injury law largely functions around the premise of negligence. Whenever an individual or other entity endangers the welfare of others around them, either intentionally or through carelessness, they must be accountable for the damage they cause. If you’ve been injured in a boating or ferry accident, you must understand how to file your claim successfully. Proving negligence requires three basic things:
- You, the plaintiff, must prove that the defendant had a duty to act with reasonable care while operating the watercraft. For example, if the defendant was operating a boat while under the influence of drugs or alcohol, that would not be exercising reasonable care.
- Then, you must establish that the defendant breached this duty by some action or inaction. Following the above example, operating a watercraft while intoxicated is essentially the same as driving under the influence: it endangers all others around the intoxicated individual’s watercraft.
- Finally, you must prove to the court that you suffered injuries as a direct result of the defendant’s breach of duty to act with reasonable care. If an intoxicated boater runs into you while you are swimming and injures you, you can sue for the damages caused by the injury.
Contact Our Queens Boat Accident Attorney
In order to win your case, you must be able to prove these things to the court. Personal injury cases involve a great deal of documentation and evidence and can quickly become very complicated. One of the best things you can do to help make the process go more smoothly is to hire an experienced accident attorney.
Reach out to the injury lawyers at Omrani & Taub, in Queens, NY, if you or a loved one have been injured in a boating accident – call ur office for a free case evaluation at (718) 714-1515. Our Queens injury attorneys have the experience necessary to address any type of personal injury case, and boating accidents are no exception. We will address the personal injury and maritime law principles pertaining to your case to secure the maximum amount of compensation possible for your boat or ferry accident injuries.