Boating accidents increase in the summer months, when the weather is just right for a day out on the water. But when other drivers fail to engage in safe boating practices, disaster can strike. The attorneys at Dunne, Dunne & Cohen, LLC in Hoboken, NJ, have been in practice for a total of over 60 years combined and know how to prepare and prosecute your boating accident case effectively.
Where many Americans are exposed to cars and driving on a regular basis, boating is less familiar to most people. Having a qualified boating accident attorney on your side can put you at ease in unfamiliar legal territory.
Types Of Boating Accidents
Legally, boating accidents usually fall into several distinct categories:
- Being hit by another boat
- Getting caught up in the wake of another boat
- Hitting a wave
- Running aground
Who is ultimately responsible for these accidents may not always be clear. If liability seems to fall on another party, you may be able to make a claim against them. However, demanding repayment from another boater does not guarantee that they will pay it. Many boaters deny negligent behavior or any wrongdoing.
If you are unable to reach an agreement outside of court, you will probably need to litigate. An attorney can help you examine the facts and argue your case in court. They will take the next steps necessary to pursue your claim and make sure your rights are protected.
Boating Accident Damages
Victims of boating accidents are entitled to recover financial damages in much the same way a car accident victim can seek compensation. Boating accident damages can include:
- Repayment of lost wages.
- Payment for loss of future earning capacity.
- Reimbursement of medical expenses.
- Pain and suffering.
What damages are awarded varies from case to case. When you sit down with us during an initial consultation, we can go over your case in detail so that you know what you can expect and are prepared for the process of making a claim or taking your case to court if a reasonable settlement offer is not made.
Establishing Liability for a Boating Accident
Victims are generally able to bring a claim against another boat driver when it is clear the other driver caused the accident. Proving negligence is a multi-step process which involves establishing that the other driver owed the victim a duty to operate their watercraft safely and that they breached that duty. You will also need to demonstrate that your injuries are a direct result of the other driver’s negligent actions.
In cases where liability is not clear-cut, you may need to rely on expert testimony regarding the safety features of the boat, the manufacturer, or a boat rental company. We have helped other boating accident victims recover damages in many different sets of circumstances and are here to help you, too.
Learn If You Can Pursue a Claim
If you have been in a boating accident and want to know if your case qualifies for a lawsuit, call our boating accident attorney today at (201) 998-2727 to setup a consultation. You can also reach us online. Our office provides a free initial consultation and the information you need to make the right decision about your case.