Many in New York enjoy recreational boating in Great Lakes and the Finger Lakes. Motorboats, among others, are popular. Unfortunately, accidents do happen. Powered by engines, motorboat accidents may involve collisions, distracted boating, inexperience, speeding, alcohol use, and machinery or equipment failure. Injuries may be catastrophic or even fatal. If you were injured or a loved one was killed in a motorboat accident, you should call the seasoned Syracuse personal injury lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys. We have sought the best results for injured clients for more than 30 years and won more than $100 million in awards and settlements.Seeking Damages for Motorboat Accidents
Motorboats come with risks. There are thousands of accidents related to recreational boating each year and some of these are preventable. Most families do not have enough saved in case a loved one is injured or killed in a motorboating accident. Accordingly, it is crucial to seek the advice and representation of a seasoned boating accident lawyer.
Both federal and state laws may impact whether you can recover damages for your motorboat accident. Which law applies depends partly on where the accident took place. State law includes regulations for boating and determination of liability. A boating operator who violates rules may face significant legal consequences.Liability for Motorboat Accidents
It is important to investigate the reason for the boating accident after one occurs. In order to recover damages, it is important to establish another party’s liability. It may be appropriate to retain an expert to testify on what led up to the accident and to determine whether the boat operator acted reasonably. In order to hold a boating operator liable under state law, it may be necessary for our Syracuse personal injury lawyers to establish his or her negligence. This would require us to know it is more likely than not: (1) the defendant owed you a duty of reasonable care, (2) breach of the duty of reasonable care, (3) causation and (4) damages.
A boating operator could breach his duty of reasonable care in many different ways. These include failure to pay attention, failure to react appropriately to changing weather conditions or unforeseen circumstances, failure to inspect the boat before going out on the water, speeding, boating under the influence, and behaving recklessly while piloting. If you were in a motorboat with an irresponsible operator, you may be able to recover damages from his or her insurance company.
Sometimes another boater is responsible for a motorboat accident. In that case, it may be appropriate to sue the other boater for damages. Our lawyers will likely need to establish that operator’s negligence.Boating Under the Influence
Boat operators are forbidden from consuming alcohol, intoxicants, narcotics, or hallucinogenic drugs while operating motorboats or other boats. When a boating operator’s intoxication causes an accident, it is likely there is a strong case to recover damages.
However, you should not assume liability is a foregone conclusion. Sometimes the insurance company for a negligent boater looks for ways to blame an injured plaintiff or even the family of a person who died in a motorboat accident. You should seek legal counsel before talking to an at-fault boater’s insurance adjustor or legal counsel.
Other parties could bear responsibility for an accident. For example, if you were out on a motorboat that was rented and the boat did not have safety equipment or had damaged equipment and you were injured, you may have a claim against the owner. If the boat was defective in terms of its manufacturing, design or marketing, there may be grounds to bring a product liability lawsuit.Consult a Seasoned Syracuse Motorboat Accident Law Firm
If you were injured or a loved one was killed in a motorboat accident, you should talk with our seasoned Syracuse personal lawyers. DeFrancisco & Falgiatano Personal Injury Attorneys has more than 30 years of experience seeking best results for accident victims in Canandaigua, Lowville, Auburn, Buffalo, Oneida, Utica, Rochester, Albany, Wampsville, Watertown, Herkimer, Oswego, Lyons, Ithaca, Cooperstown, Binghamton, Elmira, and all of Upstate New York. For a free consultation, complete our online form or call us at 315-479-9000.