Boating Accident Attorneys

When Calm Waters Turn to Chaos

Boating offers freedom like few other activities. Gliding across Lake Champlain, winding through the Finger Lakes, or drifting along Maine's rugged coast — it’s a kind of peace you can’t find on land. But that peace can turn to panic in seconds. One bad decision, one overlooked safety step, and a day on the water becomes a lifelong tragedy.

At Horn Wright, LLP, we represent people and families whose lives have been shattered by boating accidents across New York, Vermont, Maine, and New Hampshire. Our personal injury attorneys take on negligent boat operators, careless rental companies, and insurers that try to underpay. We understand the laws and the emotional toll. Let us take the legal stress off your shoulders while you focus on healing.

The Leading Causes of Boating Accidents

Most boating crashes aren’t freak accidents. They start with choices. Risky, avoidable choices.

Speeding. Alcohol. Overloaded decks. Unskilled drivers. Mechanical neglect. It’s almost always one of these five:

• Reckless Operation: Unsafe speeds, sudden turns, and dangerous wake-jumping aren’t just thrill-seeking. They’re violations of Navigation Law and basic seamanship.
• Alcohol Use: Boating while intoxicated causes nearly 20% of all fatal crashes. Judgment slows. Reflexes fade. People die.
• Overcrowding: Every vessel has a safe passenger limit. Exceeding it violates Navigation Law §40(2) and throws off balance and response.
• Untrained Operators: Brianna’s Law in New York requires safety courses for all operators. Yet many take the helm without proper training or knowledge.
• Maintenance Failures: Boats need upkeep. Ignoring steering issues, fuel leaks, or broken pumps can lead to catastrophic failure.

When any of these factors lead to injury or death, the law sees them not as accidents — but as breaches of a clear legal duty.

When Boating Accidents Turn Deadly

Some boating crashes don’t leave second chances. Drowning. Traumatic injury. Explosions. The aftermath can be unspeakable.

Many fatal crashes stem from missing safety equipment, alcohol, or speed. But behind every one is a safety shortcut, a choice someone made.

Surviving families can seek damages under New York’s wrongful death law (EPTL §5-4.1), including:

• Funeral and burial costs
• Loss of financial support or parental guidance
• Emotional suffering and the lasting hole left behind

Those who survive near-drowning may face lifelong trauma: brain damage from oxygen deprivation, spinal injuries, or severe anxiety that never fully fades.

Swift action after a deadly crash matters. Coast Guard logs, witness accounts, and medical evidence fade quickly. Preserving them early shapes what justice looks like later.

Common Negligence Scenarios on the Water

Boating laws cover more than just speed limits. They cover lighting, zones, rental conduct, and responsibility for guests. Here’s where things often go wrong:

Nighttime and Restricted-Zone Collisions

Boating at night or in no-wake zones adds risk. Without working lights or respect for local rules, disaster comes fast.

Navigation Law §§45–49-a and federal COLREGS Rule 20 require clear lighting and constant lookout. When a boat lacks lights or moves too fast in restricted zones, fault becomes crystal clear.

Passenger Injuries

Passengers often don’t see danger coming. A sudden turn, a sharp wave, or broken safety gear can throw them overboard or cause a fall.

Boat owners and rental operators must provide working equipment and keep conditions safe. If they don’t, and someone gets hurt, they’re on the hook.

Water-Skiing, Tubing, and Jet Ski Crashes

Towed activities are fun until they’re not. Negligent supervision, defective tow gear, or careless operators can turn a ride into a rescue.

Jet Skis and other personal watercraft come with their own dangers: tight turns, high speeds, and often no protection. One bad move can lead to serious injury.

Negligent Rental and Charter Operations

Renting a boat doesn’t mean signing away your rights. Rental companies must provide seaworthy vessels, working safety gear, and hazard warnings.

Even with a waiver, gross negligence or law violations make them fully liable. They can’t shift blame when their shortcuts cause harm.

The Hidden Hazards Beneath the Surface

Mechanical issues lurk behind many serious crashes. Often, it’s not just the operator’s actions, it’s what was broken before they ever turned the key.

• Defective Equipment: Faulty fuel systems, jammed rudders, or electrical failures can spark disaster.
• Poor Maintenance: Skipping pump checks, ignoring corroded parts, or using worn-out hoses invites failure.
• Fires and Explosions: Vapor buildup in closed spaces, combined with spark from bad wiring, can lead to violent blasts.
• Propeller Injuries: Leaving the engine running near swimmers or boarding passengers is a deadly oversight.

These failures don’t happen in a vacuum. They’re the result of neglect, and they open the door to product liability and maritime negligence claims.

How Liability Works in Boating Accident Cases

Boating accidents can involve multiple layers of fault. Identifying every liable party is key to securing full compensation.

• Operators: When they act recklessly, steer while impaired, or ignore rules.
• Owners/Rentals: If they supply unseaworthy boats or lack required safety gear.
• Manufacturers/Repair Shops: For defective designs, bad repairs, or skipped recalls.
• Insurers – When they delay claims, deny responsibility, or push lowball settlements.

New York law makes things clear: if someone breaks a boating safety rule, that’s negligence per se — automatic fault.

On top of that, federal maritime law sometimes applies. If the accident happened on navigable waters or involves a maritime worker, Admiralty laws like the Jones Act (46 U.S.C. §30104) might govern the claim.

Liability doesn’t end at the wheel, it follows every bad decision up the chain.

Building a Strong Case: Evidence That Holds Up

Water washes away more than footprints. That’s why early investigation is so important.

Our firm moves fast to secure:

• Coast Guard and NY Parks Department reports
• GPS and onboard electronics data
• Eyewitness accounts and passenger statements
• Photos, video, and weather records
• Maintenance and inspection logs

We work with marine engineers, fire investigators, and accident reconstruction experts. Together, we rebuild what happened before insurers try to twist the facts.

What Victims Can Recover

Compensation should match the full impact of the accident, not just your hospital bills.

Victims of boating accidents may be entitled to:

• Medical treatment and long-term care costs
• Lost wages and reduced earning ability
• Emotional suffering (PTSD, anxiety, trauma)
• Loss of quality of life and relationships
• Damaged or destroyed property
• Punitive damages when behavior was reckless or intoxicated

What matters most is proof. Medical records, therapist reports, job documentation, and expert opinions all help value a claim properly.

The Role of Timing: Deadlines and Fast Action

Time isn’t on your side after a boating accident. Evidence disappears, memories fade, and deadlines creep closer.

• Injury claims: 3 years under CPLR §214
• Wrongful death: 2 years under EPTL §5-4.1
• Government vessels: 90-day Notice of Claim
• Federal maritime claims: Sometimes only 2 years

The earlier you act, the more control you have. Waiting gives the other side the upper hand. Each day that passes is one more chance for the story to change.

How Horn Wright, LLP Fights for Boating Victims

At Horn Wright, LLP, we don’t just know maritime law, we live it. We work alongside former Coast Guard officials and marine safety engineers to decode complex evidence and prove fault.

We challenge lowball tactics from insurers. We pursue full justice from manufacturers, boat owners, and anyone else responsible. Our work is personal, every case is about restoring what carelessness tried to take.

Contact our offices today for a FREE consultation.