Boating accidents on New Jersey waterways, whether on the serene waters of Lake Hopatcong or the bustling Hudson River, are unfortunately common events. They can range from minor incidents to devastating crashes, and may result in severe injuries. As boat injury lawyers based in New Jersey, we can help provide effective legal counsel for victims of boating accidents.
New Jersey Boating Accident Laws
Understanding New Jersey laws around boating accidents is crucial to building your case for compensation. The state’s Marine Services Bureau (MSB) requires the operators of vessels involved in such accidents to report them promptly. According to Title 13:82 of New Jersey Administrative Code, notwithstanding the perceived severity, any boating incident leading to injuries, loss of life, or property damages exceeding $500 must be reported within 10 days. If the incident results in death, it must be reported within 48 hours.
Negotiating Compensation After a Boating Accident
Those affected by a boating accident who wish to claim compensation must adhere to New Jersey’s statutory guidelines for personal injury claims. Victims need to file within two years from the date of the incident, as per N.J. Stat. Ann. § 2A:14-2. This statute of limitations is of the essence because any delay may forfeit your right to financial compensation.
A claim for compensation can be made under various categories, including medical costs, suffering and pain, loss of earning potential and capacity, loss of consortium, and wrongful death. The various facets of your claim will be calculated based on the evidence you present. Therefore, it’s highly recommended to engage a personal injury lawyer with expertise in boating accidents to ensure you get the compensation you deserve.
Proving Fault in a Boating Accident
Determining liability forms a crucial part of a boating accident claim. This is often complex due to the diverse factors involved, which include the nature and cause of the accident, the parties involved, and applicability of maritime law.
Boating accidents often occur due to negligence on part of the vessel operators, owners, rental companies, or manufacturers. Negligence claims generally require demonstrating that the defendant had a duty of care towards the victim, that the duty of care was breached, and the breach resulted in an accident causing the claimed injuries or damages. For instance, in the case of operator negligence, it must be shown that they failed to observe boating safety regulations as per Title 12 of the New Jersey Statutes.
However, it’s also essential to bear in mind New Jersey’s shared fault rule, as per N.J. Stat. Ann. § 2A:15-5.1. If you are found to be partially responsible for the accident, it could proportionally reduce your potential compensation.
Selecting the Right Legal Representation
If you have been involved in a boating accident, whether as the driver, a passenger, or a bystander, you have legal rights to compensation for your loss. However, the rules governing personal injury claims and maritime law can be complicated and challenging for non-professionals to navigate.
Engaging the right personal injury lawyer, well-versed in New Jersey’s laws and the specifics of boating accidents, can be extraordinarily beneficial. An experienced attorney not only guides you through the process but also negotiates on your behalf, enhancing your chances of securing fair compensation.
The aftermath of a boating accident is undoubtedly a trying time. It is essential that your rights are respected and championed effectively, and that your compensation claim is managed efficiently. As personal injury lawyers in Denville, New Jersey, we are committed to providing you with the expert legal representation needed to safeguard your rights and secure the compensation you deserve in the wake of a boating accident. Please feel free to contact us for any assistance.