Examining Boating Accidents in New York State

Despite the fact that our weather gives us a criminally small amount of time in each year to enjoy it, boating is a popular recreational activity here in New York, attracting a significant number of enthusiasts each year, especially on Long Island.

Reports indicate that in a given year, an estimated 450,000 residents engage in boating activities within the state. These individuals, hailing from diverse age groups and backgrounds, eagerly take advantage of the abundant lakes, rivers, and coastal areas across New York.

The allure of boating is not limited to state residents alone. New York also welcomes a significant number of out-of-state visitors who take pleasure in exploring its various waterways. Annually, an additional 500,000 tourists indulge in boating experiences within the state.

Obviously, with this level of activity, there are always a few nasty tragedies each year. And each of us should really be making sure that we follow all the necessary precautions to make sure it doesn't involve us or our loved ones. But just how much risk is there, really?

How Dangerous is Boating in the New York Area?

In recent years, the volume of boating accidents in New York has been on the rise. According to the New York State Office of Parks, Recreation and Historic Preservation, there were 306 reportable boating accidents in 2019 alone, resulting in 18 fatalities and 192 injuries.

Furthermore, data from the U.S. Coast Guard reveals that most boating accidents involve boaters who have not received proper safety training. In 2019, approximately 84% of boat operators involved in accidents had not completed a boating safety course.

In the Event of a New York Boating Accident, How is Liability Assigned?

In the state of New York, when a boating accident occurs, the determination of liability is governed by various state laws.

Simply put, if a boater is found to have acted negligently, such as by operating their vessel recklessly or failing to adhere to maritime regulations, they may be held liable for any resulting injuries or property damage.

It is also important to note that New York follows a "preponderance of the evidence" standard, meaning the court will assess whether it is more likely than not that a particular party bears responsibility for the accident. This is unfortunately an imperfect science, and it behooves any party involved to try to document everything possible in the event of an accident.

Moreover, New York law imposes certain requirements for reporting boating accidents. Boaters involved in accidents resulting in personal injury, death, or significant property damage are generally obligated to report the incident to the state's Office of Parks, Recreation, and Historic Preservation within a specified time frame.

Are Boating Accidents Treated Differently Than Car Accidents?

In terms of liability, boating accidents are predominantly governed by New York State Navigation Law, which establishes rules and regulations for vessel operation and safety. This means that boating accidents are subject to a different set of legal standards compared to car accidents, which are primarily governed by New York State Vehicle and Traffic Law. But generally speaking, if something that led to an accident in an automobile would be considered negligent, the same would be the case if it were a boat instead.

One very notable difference is the requirement of insurance coverage, or lack of it. While automobile accidents require drivers to carry a minimum level of liability insurance, New York State does not require private boat owners to carry liability insurance for boating accidents. However, commercial vessels and rental boats are exceptions to this rule, as they must typically carry liability insurance.

In the Event of a Boating Accident, What Should I Do?

First and foremost, prioritize the safety and well-being of everyone involved. Check for injuries and provide necessary medical assistance to those in need. If someone is seriously injured, promptly call for emergency medical help.

Next, it is vital to ensure the stability of the situation. If your boat is still afloat, stay on board and assess the damages. If the vessel is sinking or there is an immediate threat to safety, ensure that everyone is wearing a life jacket and make your way to a safe location, such as a life raft or a nearby shore.

Notify the appropriate authorities of the accident by dialing 911 or the local Coast Guard station. They will guide you through the necessary steps, including filing a boating accident report. In New York, this report is required if the incident causes a fatality, a serious injury, or more than $1,000 in property damage.

Preserve any evidence related to the accident, including photographs, witness statements, or video recordings. This evidence may be crucial for insurance claims or legal proceedings that could arise from the incident.

Lastly, consult with an experienced boating accident attorney to understand and protect your legal rights. They will provide guidance on any potential legal actions and ensure that you comply with the applicable rules and regulations.

What if I'm Injured on Someone Else's Watercraft?

In the state of New York, if you are injured while aboard someone else's watercraft, it is possible to hold the operator liable for your injuries. When it comes to boating accidents, the operator has a responsibility to ensure the safety of passengers and other individuals in their vicinity. The legal concept of negligence applies in these cases, meaning that if the operator fails to exercise a reasonable standard of care, they may be held liable for any resulting injuries.

To establish liability, you must be able to prove that the operator's negligence directly caused your injuries. This can include demonstrating that they failed to operate the watercraft safely, such as by speeding, operating under the influence, or ignoring navigational rules. Similarly, if they failed to maintain the watercraft properly, resulting in equipment failure or other hazards, they may be held responsible.



What if One or More Parties to the Accident Were Drinking?

In the state of New York, boating while intoxicated (BWI) is taken very seriously. The state's legislation prohibits operating a vessel while under the influence of alcohol or drugs with a blood alcohol concentration (BAC) of 0.08% or higher. If a boater is found to be intoxicated, it can significantly impact civil legal proceedings in the aftermath of a boating accident.

If it is determined that one or more parties involved in a boating accident were under the influence of alcohol or drugs, this is very likely to significantly impact any determination of liability. 

When Should I be Calling an Attorney?

If you have been involved in a boating accident in the state of New York and have sustained injuries as a result, one of your first calls should be to an attorney, end of story.

The fact is, Google isn't going to be forthright with all of the information you would need to navigate a situation like this appropriately. The reason why you hire an attorney is because we know what to look for, where to look for it, and how to properly handle these sorts of situations. And the sooner you get us involved in a particular case, the more we are usually going to be able to do to obtain a proper outcome. So if you need us, don't wait to call.