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NYC Boat Accidents Lawyers

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How To Handle Boating Accidents In New York

In the state of New York, boating is something that can provide quite a bit of fun. Recreational boating is quite popular. In New York City, waterways are busy with many different types of watercraft providing transportation for workers, commuters, tourists and more. Everything from cruise ships, ferries to personal watercraft all make their way around the city. Boating in New York City as well as in the state of New York can be an enjoyable activity. It can also be dangerous. This happens when the watercraft is operated negligently. This can result in property damage, injury, and death.

Law Enforcement
Operating a watercraft is like operating a vehicle, there are rules and laws that must be obeyed for safety reasons. It’s important to know that the police and coast guard do patrol the waterways and are responsible for enforcement. They will take action should a watercraft operator not be in compliance. This is done to make certain a watercraft operator is not putting their life, the lives of others on their boat, or on other watercraft around them in danger.

Boating Equipment Laws Of New York
Any type of vessel on the water in the state of New York is required to have certain equipment on board. This is for the safety of the boat’s operator and passengers. There must be a valid registration for any and all vessels propelled mechanically. If a watercraft is over 16 feet in length, it must have a visual distress signal as well as a throwable flotation device. Each boat must have a life vest approved by the U.S. Coast Guard for all individuals in the boat or being towed behind the boat. Should the boat be powered by a gas engine, a backfire flame arrestor is required. Each boat must also have a fire extinguisher. Individuals under the age of 12, on a boat that is 65 feet in length or more, must always wear a life vest. Each boat must have a sound producing device as well as an anchor or line. Boats up to 65 feet are required to have a nautical bell.

Boating Accident Factors
There are a number of common factors involved in boating accidents.

*Inclement Weather Conditions. This is when conditions are inappropriate for boating, but an individual still goes out onto the water.

*Not Enough Experience. Too many times people operate a boat in challenging situations when they have just recently received their license.

*Sudden Bad Weather. This is a problem when someone doesn’t react in time and fails to try and make their way to shore.

*Not Following Boating Safety Requirements. To safely operate any type of watercraft, it is important to know all the safety requirements.

*Operating A Boat Too Fast. A boat does not react like a vehicle. It is unable to turn as quick or easily stop. When going too fast, the time required to avoid an accident is minimal.

*Drinking And Operating A Boat. This impairs important decision-making abilities during crucial times.

*Operating A Boat Too slow. This can result in frustration from other boaters and cause an accident.

*Not Focused When Operating A Boat. This is something that can be dangerous even if there are no other boats around.

Boating Accident And Fatalities
The U.S. Coast Guard maintains records of boating accidents and fatalities. According to these records, deaths resulting from boating accidents in New York are increasing. In situations where the cause of death was determined to have been a boating accident, over 77 percent of the victims drowned. The number of those drowning victims not wearing a life jacket was more than 83 percent. Other deaths resulted from trauma, carbon monoxide poisoning as well as hypothermia. Alcohol was involved in a third of all deaths attributed to boating. The most common boat involved in reported accidents were motorboats. This was followed by cabin motorboats as well as personal watercraft. The watercraft with the most fatalities were open motorboats followed by kayaks and canoes.

Ferry Accidents
Ferries are a very popular way for individuals to move around the island and boroughs of New York City. It’s also a good way to get between New York and New Jersey. There have been times when a ferry crash has occurred. It is something that can happen with any trip. When this occurs, commuters as well as the crew can become injured or experience property damage. Ferries are public modes of transportation with very strict laws covering their operation. Accidents still happen for a variety of reasons. It could be everything from operator error to mechanical failure, improper maritime practices as well as insufficient safety precautions and more. When individuals experience injury or property damage from a ferry accident, it is essential to determine the cause. This will help with making certain the accident victims receive fair compensation for any loss they experience.

Most Common Causes
It is estimated during the warm summer months in the state of New York there are tens of thousands of various types of boats operating in the water. Collisions are the most common reason a serious injury or death occurs when boating. This could involve a collision with another watercraft or with a fixed object. Other common boating accidents that result in death are the watercraft capsizing as well as mistakes made by water skiers and more.

The Jones Act
In New York, there are many individuals who work as crew members aboard a commercial vessel. This could be anything from working on a ferry to being on a commercial fishing vessel and more. These individuals are protected by a federal maritime law known as the Jones Act. This is a federal law that provides comprehensive coverage for any crewmember who works aboard a commercial vessel. It provides coverage for such individuals who are injured or killed as a result of the negligence of their employer. It does not matter how the crewmember was injured. The Jones Act is designed to provide economic compensation for certain living expenses as well as medical expenses. It can also provide non-economic compensation such as for pain and suffering, punitive damages and more.

Boating Accident Process
When a boating accident occurs, it can result in people experiencing injuries that are serious and deadly. This is something that can happen with large cruise ships, recreational boats and any type of watercraft. When a boating accident does occur, a detailed evaluation and investigation of the accident must be conducted. To begin the financial recovery, a legal professional should be contacted. The next step is to launch an insurance claim. An attorney experienced with New York boating laws will be able to negotiate a fair settlement. If necessary, they will know how to obtain fair compensation for an accident victim using the court system.

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40 Fulton Street, NYC, New York, 10038.
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1 Old Country Road, Carle Place, New York.
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150 Motor Parkway, Hauppauge, New York, 11778.
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