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But if you were a passenger on a boat and were injured in an accident, begin by asking these questions: - Did the boat operator use reasonable care in operating the boat? If that occurs, a lawyer can pin down who's negligent or liable — whether it's a driver, equipment manufacturer, or someone else. Action by give-way vessel. Jurisdiction for a boat accident. New Jersey boating licensing and requirements checklist|. June 2015: 10-year-old Christoper D'Amico Jr. was killed when he fell overboard from a pontoon boat his father had rented and then was struck by the boat. Boating Accidents Lawyer in New Jersey.
As the temperature continues to climb in the Tri-state area, more and more people are taking out their boats to go fishing, relax or practice watersports. Was the accident the result of human error? Therefore, if you've been injured by the negligence of an uninsured boat operator, the only way to pursue your costs for medical treatment, property damage, or other losses is through the legal system. There are a few key laws that are crucial for all New Jersey boaters to know before they head out: Boating license requirements. Flooding or swamping. A New Jersey personal injury lawyer is your best source of information, guidance, and assistance if you need to bring a claim for your boat accident injury. How to register a homemade boat|. Continue reading to get to the bottom of this question, and learn other important things to know before you go boating in New Jersey. Your boat hits a submerged object, rock, or land.
You may apply for a motorboat or a personal watercraft license that can be used on fresh, non-tidal waters or lakes, creeks or rivers without a tide. Accident or injury caused by the wake of another boat. New Jersey boating laws. In New Jersey, though, it's not required to have insurance for a boat. A vessel that's 12 feet long or longer and has an engine less than 10 horsepower.
While boating is a fun pastime for many people, maritime activities can unfortunately be dangerous and lead to injury. Boat traffic in the immediate vicinity. We implore you to consult with one of our well-experienced boating accident attorneys. New Jersey has 130 miles of coastline. You may not operate any vessel if your blood-alcohol content (BAC) is 0. All New Jersey boat operators must follow these rules and if you're operating a vessel that's more than 12 meters long, you must have a copy of these rules on board: - Lookout.
A documented vessel doesn't receive a New Jersey title but it must be registered in New Jersey if it's in N. J. waters for 180 days or more or if the owner leases, owns, maintains, or rents space in the state for storage, mooring, or servicing the vessel. New Jersey is also in the top 10 states for recreational boat activity, according to the National Marine Manufacturers Association. 10 most common causes of boating accidents. Collision with another boat. Failure to take necessary care of these vehicles can also result in catastrophic accidents involving unsuspecting water activity enthusiasts. How to register a documented vessel|. At Corradino & Papa, LLC, we have the expertise to deal with the following cases: - Your boat hits another boat. Your boat hits another boat's wake. Call our office today for a free confidential consultation with our experienced attorney team, during which we discuss your unique needs and concerns regarding any kind of boating accident injury. If you need to act to avoid a collision, use good judgment. Constitution says that the federal court system has original jurisdiction over admiralty and maritime cases. How to obtain an initial boat title and registration|. You're under the influence of a narcotic, hallucinogen, or habit-producing drug. If you've suffered an injury in a collision with another boat, you'd establish negligence the same way you might after a car accident.
May 2020: Boater Matthew Conway died in a storm while sailing his rowboat in the Toms River. The force of wave or wake. Operator inexperience. The U. S. Bureau of Labor Statistics reports that there are 180 people who are employed as first-line supervisors associated with farming, fishing, and forestry in New Jersey. You have written proof of a boating safety course from out of state (that is similar to the New Jersey course). Type of boat (motorboat or sailboat). In addition, if the wake was created by another boat, that operator could be negligent if they were operating in a no-wake zone or violating boating safety regulations.
You need to complete a boating safety course and receive a boating safety certificate in order to operate a personal watercraft if you're in this age range. It also must be owned by a U. citizen. If the boater is older than 13 but under 16, they must complete an approved boating safety course to operate: - a vessel with an electric motor, or. Top 5 most common types of accidents. Boaters are a hardy group of people. New Jersey has picturesque beaches, bays, lakes and rivers which can all be great places to get outside and enjoy the water. At Corradino & Papa, LLC, our team of legal experts is comprised of highly dedicated lawyers who are skilled at handling boating accident cases. A boater must be at least 13 years old. If you're crossing paths with another vessel, the vessel that has the other on its starboard side should yield and allow the other vessel to cross ahead of it. You have prior offenses. Vessels are documented by the United States Coast Guard, which issues a Certificate of Documentation.
But an injury, alone, doesn't mean that someone was negligent. May 2020: A 53-foot fishing vessel ran aground in Ocean County, New Jersey.
You're under age 17. This can be caused by: - Speed of the boat. This means your boating accident case would likely first originate in the federal court and doesn't need to go through the state court. The only scenario where a state court might have jurisdiction in a boating accident is if it's a personal lawsuit against the owner of a boat.
You can also have enhanced penalties if: - Your BAC is 0. Was the operator intoxicated? According to the same national study, May and July had the highest number of accidents at 108 each. Just like you're not allowed to drive under the influence of drugs or alcohol, you're not allowed to operate a boat while intoxicated or using drugs, either. If your vessel is directed to stay out of the way of another, do so. After a recreational boating accident, we expect that the authorities and our insurance company will protect us.
We can help you deal with the frustrations that arise from dealing with insurance companies and the party at fault in a collision. Or, maybe you work in a maritime industry like commercial fishing and you're on the water all day, every day. There are a lot of exceptions and nuances when it comes to boating injury jurisdiction. You must have a sight- and hearing-based lookout available to be on alert for appraising any hazards and risk of collision. If you're considering a personal injury lawsuit after a boat accident, it's important to determine which court has jurisdiction (in other words, where to file your lawsuit). Was the boat seaworthy and did it have enough appropriate safety equipment (like life jackets) for everyone on board? Any person who operates a power vessel must have a boating safety certificate. The "high seas" are beyond the jurisdiction of any country, and navigable waters are those in interstate or foreign commerce. A jolt from a wave or wake can injure a boat passenger.
You must have a boat license in order to operate a power vessel or personal watercraft (jet ski or wave runner) on non-tidal waters. Your vessel is 12 feet or longer with less than 10 horsepower. It's easy to be knocked down, thrown from a seat, or tossed overboard. Visibility of the wake. If you were in a boating accident, it's important to know what you're entitled to recover and how. And, summer is a popular time for these types of accidents. Either way, there are hazards on the water but there are also ways you can protect yourself. In 2010, there were 4, 604 boating accidents, where 605 accidents resulted in fatalities.
To be considered negligent, a person must have acted without reasonable care, and that action or failure to act was the cause of the injury. Other boaters' behavior also affects you, just like you're affected by other drivers on the road. Was the boat operator experienced and properly licensed? If one boat operator is at fault for the collision, they could be found negligent and responsible for paying damages to the injured person. With a successful lawsuit, you could recover and get compensated for all damages and losses sustained in a boating accident. If you're a leisure or recreational boater, you probably head out on a nice day because you love the smell of the saltwater, the feel of the breeze on your face, the gentle rocking beneath your feet, and maybe the fun times spent with family or friends. You are competing in a race authorized by the State Police, or. Whether passengers were warned by the boat operator. Stay as close as possible to the starboard-side outer limit of a narrow channel or fairway. However, Article III of the U. November 2019: Three people were seriously injured after a boating accident in Cape May when their 26-foot recreational boat crashed next to the Coast Guard station in the Cape May Inlet.