Boat Accident Lawyers in Westchester County, NY

Boat Accident Statistics in New York

Westchester County's picturesque waterways, including the Hudson River and Long Island Sound, attract numerous boating enthusiasts. However, with increased water traffic comes a higher risk of accidents. While specific county-level data is limited, New York State statistics can be used to understand the scope of boating accidents in our region.

According to the New York State Office of Parks, Recreation and Historic Preservation's 2023 Recreational Boating Report, there were 138 reportable boating accidents in New York State in 2023. Tragically, these accidents resulted in 18 fatalities and 38 injuries.

Operator intoxication, inattention, inexperience, and excessive speed were the most frequent contributing factors, which underscores the importance of having experienced legal representation in the aftermath of a boating accident.

How Our Boat Accident Attorneys Will Guide Your Case

Navigating a boat accident claim requires specialized knowledge of both personal injury law and maritime regulations. Our attorneys at Tomkiel & Tomkiel bring decades of experience to your case:

• Thorough investigation: We'll examine all aspects of your accident, including weather conditions, boat maintenance records, and operator qualifications.
• Professional consultation: We work with marine safety and accident reconstruction professionals to build a strong case.
• Negotiation with insurance companies: We'll handle all communications with insurance adjusters, protecting your rights and fighting for fair compensation.
• Litigation preparation: If a fair settlement can't be reached, we're prepared to take your case to trial.

Our experienced Westchester boat accident attorneys will be with you every step of the way, from investigation to settlement or trial. We'll leverage our experience in maritime laws and personal injury to build the strongest possible case, always keeping your interests at the forefront.

Types of Boat Accidents We Handle

Our law firm has extensive experience with a wide range of boating accident cases in Westchester County:

Collisions Between Boats

These accidents can occur in various ways, including head-on collisions, T-bone accidents, and rear-end collisions on the water. They often result from failure to follow navigation rules, speeding, or operator inattention.

Jet Ski Accidents

Personal watercraft like jet skis are involved in a disproportionate number of accidents due to their high speeds and maneuverability. These incidents can involve collisions with other watercraft, fixed objects, or even single-vehicle accidents resulting from operator error or reckless behavior.

Dock and Marina Incidents

Accidents can occur during docking, launching, or while boats are moored. These may involve collisions with fixed structures, slip and fall incidents on wet surfaces, or injuries sustained while boarding or disembarking vessels.

Accidents Involving Intoxicated Boat Operators

Operating a boat while under the influence of alcohol or drugs is illegal and extremely dangerous. These accidents often result in catastrophic injuries due to impaired judgment and slower reaction times of the intoxicated operator.

Capsizing and Sinking Incidents

These terrifying accidents can result from overloading, adverse weather conditions, or equipment failure. They pose a high risk of drowning or hypothermia, especially if proper safety equipment is not available or used correctly.

Propeller Injuries

Contact with a boat's propeller can cause catastrophic injuries, including deep lacerations, amputations, and fatal wounds. These accidents often occur when someone falls overboard or during water sports activities.

Wake Damage Accidents

Large wakes created by speeding boats can cause injuries to passengers on other vessels, damage to docked boats, or even capsizing of smaller craft. Operators have a responsibility to manage their wake in congested areas.

Fishing and Recreational Boating Accidents

These incidents can involve various recreational activities like water skiing, tubing, or fishing. They may result from equipment failures, improper instruction, or failure to follow safety guidelines.

Cruise Ship Accidents

While less common in Westchester County waters, we handle cases involving injuries on larger passenger vessels. These can include slip and fall incidents, food poisoning, or injuries from onboard activities.

Commercial Boating Accidents

Incidents involving work boats, ferries, or other commercial vessels often involve complex maritime laws and regulations. These accidents can affect crew members, passengers, or other vessels sharing the waterway.

No matter the type of watercraft involved or the nature of the accident, Tomkiel & Tomkiel’s seasoned boat accident lawyers in Westchester County have the knowledge and resources to effectively handle your case.

Understanding Boat Accident Attorney Fees

We understand the financial stress that can follow a boating accident. That's why our law firm operates on a contingency fee basis:

• There are no upfront costs or hourly fees.
• We only get paid if we win your case.
• Our fee is a percentage of your settlement or court award.

During your free initial consultation, we'll clearly explain our fee structure and answer any questions you may have about the costs associated with your case.

NAVIGATING ROUGH WATERS AFTER A BOAT ACCIDENT? WE'LL CHART YOUR COURSE TO COMPENSATION!

From pleasure boat collisions to marina accidents, our experienced maritime attorneys know how to handle complex boating injury claims. Get your free case review today.

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Common Injuries in Boating Accidents

Boating accidents can result in severe injuries. At Tomkiel & Tomkiel, we have experience handling cases involving:

Brain Injuries

These can range from mild concussions to severe traumatic brain injuries (TBIs). They may be caused by direct impact during a collision or by oxygen deprivation during near-drowning incidents.

Burn Injuries

Burns can result from boat fires, explosions, or contact with hot engine parts. They range from first-degree burns (affecting only the outer layer of skin) to severe third-degree burns that damage all layers of skin and underlying tissues.

Catastrophic Injuries

These are life-altering injuries such as amputations or severe disfigurement. Amputations might occur due to propeller accidents or severe crush injuries during collisions.

Paralysis Injuries

Spinal cord damage can result in partial or complete paralysis, including paraplegia (paralysis of the lower body) or quadriplegia (paralysis from the neck down). These injuries typically occur from high-impact collisions or falls and can have permanent, life-changing consequences.

Knee Injuries

Often caused by sudden impacts or twisting motions during accidents, knee injuries can include ligament tears (such as ACL or MCL), meniscus damage, or fractures of the patella or surrounding bones.

Spine Injuries

These range from herniated discs to fractured vertebrae. While some spinal injuries may heal with proper treatment, others can lead to chronic pain, limited mobility, or, in severe cases, paralysis.

Electrocution Injuries

Caused by faulty wiring or equipment on boats, electrocution can lead to severe burns, cardiac issues, and neurological damage. In some cases, electric shock drowning can occur when electricity from a boat or dock leaks into the surrounding water.

Our boat accident attorneys work closely with medical professionals to fully understand the extent of your injuries and their long-term impact on your life.

Who Can File a Wrongful Death Claim in Boating Accidents?

Under New York law, only the personal representative of the deceased's estate can file a wrongful death lawsuit. However, the lawsuit is typically filed on behalf of surviving family members, including:

• Spouse
• Children
• Parents
• Siblings

Do not forget that in New York, the statute of limitations for filing a wrongful death claim is generally two years from the date of death, and this timeframe can be shorter in cases involving government entities.

It's important to consult with a lawyer as soon as possible to ensure your claim is filed within the appropriate deadlines. Our compassionate boat accident attorneys can help you pursue a wrongful death claim, seeking justice and compensation for your loss.

Factors Contributing to Boat Accidents

Understanding the cause of your accident is essential to building a strong case. Common factors in Westchester County boating accidents include:

• Operator inexperience or inattention
• Excessive speed
• Alcohol or drug use
• Equipment failure
• Hazardous water or weather conditions
• Overcrowding or improper loading
• Violation of navigation rules
• Inadequate safety equipment

Our thorough investigation will uncover all contributing factors to support your claim and identify every liable party.

Steps to Take After a Boating Accident

If you've been involved in a boating accident, follow the next steps:

1. Ensure safety: Check on all passengers and provide immediate first aid if needed.
2. Call for help: Contact emergency services (911) or the Coast Guard for assistance.
3. Report the accident: Notify the NY State Police or Coast Guard. By law, you must report accidents involving injury, death, or significant property damage.
4. Document the scene: Take photos of the accident scene, damages, and injuries if it's safe to do so.
5. Gather information: Collect contact and insurance details from all parties involved, including witnesses.
6. Seek medical attention: Even if you feel fine, some injuries may not be immediately apparent.
7. Preserve evidence: Keep any damaged property or clothing as potential evidence.
8. Contact an attorney: Reach out to an experienced boat accident lawyer before speaking with insurance companies.
9. File an accident report: Submit a report to NYS Parks, Recreation, and Historic Preservation within five days if injury, death, or property damage over $1,000 occurred.

The actions you take immediately after a boating accident can significantly impact your ability to recover compensation. By following these steps, you're protecting your health and preserving crucial evidence for your potential legal claim.

Determining Liability in Westchester Boating Accidents

Establishing liability in a boating accident can be complex. Potentially responsible parties may include:

• Boat operators
• Boat owners (if different from the operator)
• Rental companies
• Manufacturers of defective boat parts
• Marinas or dock owners
• Other watercraft operators who were involved in the accident

Our Westchester boat accident lawyers carefully analyze all aspects of your case to identify all liable parties and hold them accountable.

Compensation You May Receive in a Boat Accident Claim

A successful boat accident claim may provide compensation for:

• Medical expenses: Coverage for current and future medical treatments related to your injuries.
• Lost wages: Reimbursement for income lost due to inability to work after the accident.
• Pain and suffering: Compensation for physical pain and emotional distress caused by the accident.
• Property damage: Costs to repair or replace damaged property, including your boat.
• Loss of enjoyment of life: Compensation for the inability to participate in activities you once enjoyed.

We know that your losses can have lasting impacts on your life. We'll work diligently to calculate the full value of your damages and fight for maximum compensation. Your success is our priority.

Statute of Limitations for Filing a Boat Accident Claim

In New York, the statute of limitations for most personal injury cases, including boat accidents, is three years from the date of the accident. However, if your accident occurred on navigable waters and falls under maritime law, different deadlines may apply. It's important to consult with an attorney as soon as possible to ensure your boat accident claim is filed within the appropriate timeframe.

Boating Laws and Regulations in Westchester County and NY

Understanding the specific laws and regulations governing boating in Westchester County and New York is crucial for your case:

• Boating while intoxicated (BWI): Operating a boat with a blood alcohol content of 0.08% or higher can lead to fines, license suspension, and even jail time.
• Mandatory boater education: As of January 1, 2025, all motorboat operators in New York, regardless of age, must complete a state-approved boating safety course.
• Personal flotation devices (PFDs): All boats must have one USCG-approved life jacket for each boater, and children under 12 must wear a PFD on any boat under 65 feet long.
• Speed limits: Many of Westchester's waterways have specific speed limits (e.g., there's a 5 mph speed limit within 100 feet of shore, dock, pier, raft, float, or anchored boat).
• Navigation rules: Boaters must follow both state and federal navigation rules, including the proper use of navigation lights and sound signals.

Our attorneys at Tomkiel & Tomkiel are well-versed in these laws and regulations, and we use this knowledge to build strong cases for our clients.