Boating and Watercraft Accidents

In Westchester County and across the state of New York, there are many opportunities for boating. Westchester County alone has 38 lakes and the state has over 70,000 streams and rivers and 7,600 lakes, reservoirs, and ponds, making it the ideal place to try head out on a boat, kayak, canoe, sailboat, or personal watercraft.

While a peaceful day out on the water may seem idyllic, people are injured or killed on boats every year, and the majority of such accidents happen during recreational use. If you have sustained any injuries in watercraft or boating accidents, contact The Law Office of Mark A. Siesel for a free consultation. You may have a legal claim that allows you to seek compensation for your injuries and any damage to your watercraft or boat. We’d be happy to explain the details and your options in a free consultation.

Common Causes of Boating and Watercraft Accidents

Like any recreational activity, boating comes with its own set of risks. The most common causes of accidents on the water are caused by just a few factors:

• Operator Inexperience. Many recreational boaters may not fully grasp the rules of the water or how to handle their watercraft. Inexperienced operators are more likely to make poor decisions that can lead to crashes and accidents that can affect more experienced operators. Proper training can significantly reduce the risk of accidents, and boat operators can be held liable if they fail to seek the training that could have kept them (and others) safe.
• Substance Use. Just as alcohol and some drugs impair judgment and reaction times on the road, they have the same effect on boating. New York’s Boating Under the Influence (BUI) laws and Boating While Intoxicated By Drugs Or Alcohol (BWI) laws make it illegal to operate any watercraft under the influence. In the state, operating a private boat with a blood alcohol concentration (BAC) of at least .08% or operating a boat for commercial purposes with a BAC of .04% or more can lead to charges. Penalties can include up to $10,000 in fines and up to seven years in prison.
• Recklessness. Boating at high speeds, especially in crowded areas, can make it difficult to avoid other watercraft. Reckless maneuvers, such as sharp turns, can cause boats to flip or collide with other vessels.
• Violation of Navigation Rules. Boating has right-of-way rules, speed limits in certain areas, and designated lanes. Failing to follow these rules can lead to collisions, particularly in busy waterways.
• Weather Conditions. High winds, thunderstorms, fog, and rough waters can create hazardous conditions for even experienced boaters. Sudden weather changes can catch operators off guard, so always check the weather before embarking on a boating trip and be ready to head back to shore if conditions deteriorate.
• Lack of Safety Equipment. In many cases, a lack of life jackets or other safety gear may increase the risk of fatalities during an accident, particularly if the boat capsizes. It is essential for operators to inspect and ensure that all safety equipment is up to date and in working condition before setting sail. Operators can be held liable if the safety equipment on their watercraft is inadequate and someone is injured as a result.
• Distraction. Distractions caused by mobile phones, conversations, or focusing on non-essential activities is a recipe for disaster. Even a moment of distraction can lead to a collision or cause the operator to miss vital warnings.
• Overloading the Boat. All watercraft are designed to carry a specific number of passengers and a certain weight. Exceeding these limits can make the vessel more likely to capsize.
• Mechanical Failures. Poor design and manufacturing can lead to anything from engine malfunctions to problems with steering or other critical systems. If a manufacturer created an unsafe boat, they can be held liable if the design or manufacturing flaws led to an accident or injuries.
• Fixed Objects. Collisions with fixed objects such as docks, bridges, or submerged rocks are common causes of boating accidents.

Common Injuries Caused by Boating and Watercraft Accidents

Drowning is one of the most severe and tragic outcomes of a boating accident. It can occur quickly, even in seemingly calm waters, especially if the person involved is knocked unconscious, trapped under the boat, or unable to swim due to injury. Near-drowning incidents can also cause severe damage. Even if someone is revived after they stop breathing underwater, if they were without oxygen for an extended time, they may face permanent brain injury and serious impairment.

In addition to drowning and near-drowning, common injuries caused by watercraft and boating accidents include:

• Brain Injuries. These injuries can happen if an individual is thrown from the boat or struck by a hard object, such as a boat propeller or another watercraft. Head injuries can range from mild concussions to severe brain trauma, leading to long-term cognitive or physical disabilities.
• Spinal Cord Injuries. The force of an accident, especially when falling overboard or colliding with another object, can cause serious harm to the spinal column, leading to lifelong disability.
• Fractures. Broken bones are common in boating accidents, especially when passengers are thrown off the boat or struck by debris or the boat itself.
• Scrapes and Cuts. Boat occupants can sustain these injuries when they come into contact with sharp objects such as the boat’s propeller, sharp rocks, or broken glass. Propeller injuries are especially dangerous, often causing deep lacerations and significant blood loss. In severe cases, they can cause amputations.
• Burns. In rare cases, a boat’s engine may catch fire, leading to burns.
• Internal Injuries. Blunt force trauma from a boat accident can lead to damage of the lungs, heart, liver, kidneys, and other organs. It can also cause life-threatening internal bleeding.
• Soft tissue injuries. A common injury in watercraft accidents is whiplash, an injury to the neck caused by rapid back-and-forth motion. However, a boat accident can also cause other soft tissue injuries, including damage to the tendons and ligaments.
• Hypothermia. After a boating accident, survivors may not be able to get out of the water for some time. Prolonged exposure to cold water can cause the body’s core temperature to drop dangerously, leading to confusion, loss of coordination, and, in severe cases, death.

Filing a Claim After a Boating or Watercraft Accident

If you’ve been involved in a boating or watercraft accident and suffered injuries, you may be entitled to compensation if someone’s actions or negligence led to your injuries. Filing a claim can help cover pain and suffering, medical expenses, lost wages, boat repairs, and other costs. However, you don’t just automatically get compensation. You need to start protecting your rights immediately, so you can file a claim. Here is what to do:

• Seek medical attention, even if your injuries seem minor.
• Report the accident to the Coast Guard or local police, and get a copy of the incident report.
• Take photos of the accident scene and write down as much about the accident as you remember.
• Get contact information for anyone who was at the scene and who may have seen what happened.
• If you have boating insurance, contact your insurer as soon as possible to report the accident.
• Consult with a personal injury attorney who has experience with maritime law to find out if you have a claim.

How Can an Attorney Help?

The process of getting fair compensation, filing a claim, and negotiating with your insurance company are complex. An attorney knows how to do all of this and has the experience to ensure a better outcome for you than what you may be able to secure on your own. An attorney can investigate your accident, build a strong case, negotiate, and even take your case to court, if that is what is required.

When To Contact The Law Office of Mark A. Siesel

At The Law Office of Mark A. Siesel, we have the experience and dedication to help you seek fair compensation for your injuries. Not only do we have more than 38 years of experience at the negotiation table and in the court room, but we also genuinely care about our clients. In fact, our founder, Mark A. Siesel, has remained friends with clients he represented years ago, which is unusual in the legal field. Our clients frequently tell us that they appreciate the kindness with which we treat them.

If you have been injured in a watercraft or boat accident and don’t know where to turn, contact The Law Office of Mark A. Siesel for a free consultation.