When a fun day on the water takes a turn for the worse, passengers can find themselves suffering and struggling in the aftermath. If you or a loved one were hurt on the water, consulting with a Perth Amboy boat accident lawyer could be the first step on the path to fair compensation.
Our personal injury team at Voto & Cavalli, P.C. offers free initial consultations, so contact us now to speak with a trusted attorney.
Unlike motor vehicle crashes that follow a no-fault regime, responsibility for boating accidents is a fault-based system. This means that the party who is to blame for the incident is the party responsible for the damages and injuries that result.
How to pursue a claim, the available insurance, and available compensation will all depend on the cause and the types of vessels involved. Making a claim against a private individual and their insurance will be different than making one against a commercial company or the boat manufacturer.
When you are hurt due to the actions of a private individual, you will typically need to file a claim through the liability coverage of the responsible party’s boat insurance policy. Unfortunately, boaters are not required to carry insurance on their vessel. When there is no insurance, you may need to take alternative action, like suing the at-fault party for your losses. In these situations, it may be wise to speak with a lawyer about your options.
In cases involving commercial vessels that you paid to board, like a party boat, ferry, or rental, you may have a claim against the company that operates it, the owner, and potentially the captain. These claims can be complex, since multiple parties could be negligent and responsible for your injuries. Identifying the cause of the crash is the key to success.
If your accident resulted from a defective boat or part, you may have a product liability claim against the manufacturer. These claims can be based on defective design, defective manufacturing, or even a failure to warn of dangers.
If you believe a defect is the cause of your boating crash and injuries, you do not need to prove the manufacturer was negligent. New Jersey imposes strict liability on product defects, so you only need to show that the defect existed, it caused your injuries, and that you were a person that the company could have foreseen using or interacting with their product.
Establishing fault is crucial to recovering your damages after a boat crash. Because of this, you will need to take immediate action to document the accident, what occurred, who is to blame, and the losses you suffered as a result. You must also identify your options for recovering compensation (i.e., who was at fault and what insurance policies are available).
A Perth Amboy attorney could help with filing a boat collision claim. Our team may gather evidence to support your case and determine the available paths to compensation. We also communicate with the insurance companies and handle negotiations; and if a settlement is not reached, a lawyer may file suit and take your case to court.
Whether you were hurt due to the reckless piloting of a fellow boater, a defective vessel part, or while taking a ferry ride, our Perth Amboy boat accident lawyer at Voto & Cavalli, P.C. is ready to fiercely advocate on your behalf.
You deserve to recover a fair settlement or verdict for your losses. Contact us now to schedule your initial consultation and get started on seeking justice.
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If you need immediate assistance, please call (908) 272-7300 for a free initial consultation