Boat Accident Attorney in Schenectady, NY
Eastern New York is a hotspot for boating activity, especially near Schenectady on the Hudson and Mohawk rivers. Boating is a fun and relaxing activity, but it can also be dangerous, especially when people don’t follow proper safety procedures or comply with New York boating laws. Given the nature of boating, accidents on the water can cause serious and even fatal injuries.
If you have injuries from a boating accident in Schenectady because of someone else’s negligence or wrongdoing, contact Dalmata, Maloy, & Burke, LLP, today. You’ll be able to speak with a Schenectady boat accident lawyer and discover how we can protect your rights and interests. Your initial consultation is free and confidential, with no fees unless we successfully resolve your accident claim.
How a Schenectady, NY, Attorney Can Help with Your Boat Accident Claim
Boating claims are difficult to pursue due to the complex nature of boating regulations, insurance limits, and the high monetary value of claims. Navigating a boating accident lawsuit without professional training is possible, but extraordinarily difficult.
At DMB Legal, a boat accident lawyer in Schenectady can streamline the process and handle all legal and administrative matters. Specifically, our boat collision attorneys can do the following:
- Investigate the accident
- Gather evidence
- Calculate your losses
- Obtain and organize medical documents
- Send demand letters
- Negotiate with insurance companies
- Represent clients in trial
- Provide general legal advice
- Never charge you anything unless we recover compensation for you
Reach out to DMB Legal today to learn more about how we can help with your boat accident claim. Your case review is free and without obligation, and you pay nothing for us to get started on your case.
Who Can Be Held at Fault for My Boating Accident Injuries?
Boating accident liability depends on the cause of the accident, meaning several parties can bear responsibility, such as the following:
- Boat Operator – Boat operators must obey relevant laws and operate responsibly, just like with cars. Negligent or reckless boaters can be liable if they cause injuries while operating irresponsibly or violating boating laws.
- Boat Owner – Boat owners can be liable for injuries caused by negligent maintenance or lack of repairs. For example, the owner could be liable if they fail to repair a damaged hull and it subsequently fails while in use on the water.
- Boat Manufacturer – Boat manufacturers can be strictly liable for boating accidents due to unsafe or defective products. Common defective boat equipment includes motors, lifejackets, electrical systems, and steering systems.
- Marina/Dock Owner – Boat dock/marina owners can also be liable if unsafe conditions caused the accident – e.g., if the marina doesn’t have signs signaling a no-wake zone.
In some cases, multiple parties might be simultaneously liable for boating accidents. If multiple parties are causally responsible, you may be able to pursue compensation from each party individually. At DMB Legal, we can investigate the accident to identify all parties that could be financially liable and pursue every avenue of compensation.
What Types of Compensation Could Be Available in a Boat Accident Lawsuit?
Boat accident compensation can include money for any injury-related losses you suffered. Depending on your circumstances, you may be able to recover financial compensation for the following:
- Emergency medical bills and continuing medical expenses
- Lost work income and employment compensation (e.g., tips, commission, bonuses, etc.)
- Reduced lifetime earning capacity due to permanent disability
- Out-of-pocket injury costs
- Pain and suffering
- Scarring and disfigurement
- Quality-of-life reductions
- Property damage (e.g., boat repair/replacement costs)
Thanks to New York’s comparative negligence laws, you can recover compensation for your boat injuries, even if you are partially at fault for the accident. At DMB Legal, we strive to be as comprehensive as possible by considering long-term changes to earning potential and atypical treatment costs. Our boat accident law firm will investigate your case from all angles to identify all possible sources of compensation to maximize your recovery.
How Long Do You Have to File a Boating Accident Lawsuit in New York?
New York’s general time limit on personal injury lawsuits is three years. Once the three-year timer expires, you won’t be able to file a boat accident lawsuit to recover financial compensation. The three-year counter starts from the date of the injury or the date you first discovered the injuries.
This three-year time limit is very strict and has few exceptions, so you’ll want to start as early as possible to avoid complications. An attorney from DMB Legal can promptly initiate your claims and expedite the process, giving you faster access to any final settlement. The earlier you start, the greater the chances of a successful resolution to your boat accident case. Contact us today for your free, confidential case review.
What Are New York’s Boating Laws?
Boating is a dangerous activity, but operators still have a responsibility to minimize risk to others. All boaters in New York should be familiar with basic rules regarding boating licensure and operation:
- All motorized boats in New York must be registered with the state DMV and display registration on both sides of the hull.
- As of January 1, 2025, all operators of motorized watercrafts must have a certification of safety course completion.
- All boats must carry at least one Coast Guard-approved life jacket on board for each passenger.
- All children under the age of 12 must wear a life jacket when boating on boats under 65 feet in length.
- Boating under the influence of alcohol is illegal and punishable by criminal penalties.
- Boating accidents involving injury or death must be reported to law enforcement as soon as physically possible.
- Boaters must operate their vessels safely, maintain a reasonable distance from other boats, and comply with posted speed limits.
These laws are relevant because violations could be sufficient to impute liability. If someone is violating boating laws or regulations and causes an accident, they could be legally on the hook for any injuries they cause.
What Are Some Areas in the East Central New York Region Where Boating Accidents Happen?
According to data from the New York State Department of Parks, Recreation, and Historic Preservation, New York has averaged a boating accident fatality rate of roughly 4.5 per 100,000 since 2000. Boating accidents in Schenectady County occur primarily in the Hudson and Mohawk rivers, which flow east of and through the county, respectively. Boating accidents also occur in several larger bodies of water along the eastern half of New York State, such as Sacandaga Lake.
What Should You Do if You Have Been in a New York Boating Accident?
After alerting the emergency authorities and ensuring everyone’s safety, begin documenting the accident scene. Exchange contact information with other involved parties and take pictures of any injuries and boat damage. Ensure you obtain the other boat’s make, model, and registration number.
Next, have a doctor diagnose your injuries. You will need to submit medical documentation when you make a boating accident claim. The more documentation, the easier it will be to prove the extent of your injuries and medical costs. A major reason that insurance companies deny claims is due to insufficient medical evidence.
The final step is to contact a boat accident attorney in Schenectady. At DMB Legal, our lawyers can assess your case and walk you through the next steps of filing a claim. Your boat attorney can escalate the case to a formal lawsuit if insurance companies deny responsibility or refuse to pay.
What Are Typical Causes of Boat Accidents?
Boat accidents encompass boat-on-boat collisions, passenger injuries, equipment failures, and more. Some of the more common causes of boating accidents in Schenectady, NY, include the following:
- Operator negligence
- Reckless boating operation
- Operator inexperience
- Inadequate surveillance
- Boating while intoxicated
- Speeding
- Creating a wake in a no-wake zone
- Mechanical failures
- Defective boating equipment
- Not wearing a life jacket
- Having too many boat passengers
- Violating navigational rules
What Are Common Injuries in a Boating Accident?
Boat-on-boat collisions are a major source of injuries, but passengers can also sustain injuries from falls on the deck due to rough handling. Boat passengers can also drown if they are thrown from the deck, especially if they are not wearing appropriate lifejackets.
Common boating injuries include the following:
- Whiplash and neck injury
- Broken bones
- Blunt force trauma (e.g., bruising, soft-tissue injury, etc.)
- Head injuries and concussions
- Spinal cord injuries
- Cuts and lacerations
- Electrocution
- Thermal and chemical burns
- Amputations
Regardless of the nature of boat accident injury, we at DMB Legal can investigate and fight for the compensation you need to recover.