Spending time on the lake or cruising on the Atlantic is a great way to spend a summer day in New Jersey. However, an accident on the water can cause serious destruction, injuries, and even death. If you were involved in a boating accident, it is important to understand your legal rights and options, like whether you can sue the negligent party and how you can recover compensation. To learn more and secure representation during your case, reach out to an experienced New Jersey personal injury lawyer today.
Can I Sue for a Boating Accident in NJ?
Yes, you can sue after a boating accident if certain circumstances are true. If your accident was caused by the negligence or recklessness of another party, you can pursue legal action against the at-fault individual or entity. The accident and your damages would not have occured if it were not for them, so you are within your rights to hold them liable. However, if you caused the accident or it was due to uncontrollable circumstances, you may not have a case.
For example, take a situation where your friend invited you to spend the day on their boat. They had a little too much to drink while on the water and were driving excessively fast on the way in. Because of the speed and their intoxication, they were unable to control the boat and ended up driving into a dock, causing you to sustain injuries and property damage. Because your friend was negligent and reckless, you can hold them responsible for your damages and pursue legal action.
However, suppose you were the one who had too much to drink and were acting recklessly. Your friend was trying to dock when you decided to grab the wheel and try to drive. You wrestled for control for a few moments and ended up driving into a dock, causing you to sustain injuries and property damage. You were the one responsible for causing the accident in this scenario, and your friend likely could make a case against you, instead of the other way around.
What is the Statute of Limitations for a Boating Accident?
Although you have the right to pursue legal action against the negligent party in your boating accident, it is important to understand the time constraint you may be under. Personal injury law imposes statutes of limitations, which are time periods during which the victim of an injury is permitted to initiate a claim or lawsuit against the at-fault party. If you do not take legal action during this time, you forfeit your right to do so.
Like all personal injuries, you have two years from the date of a boating accident to file a personal injury claim or lawsuit. If the two years expire and you have not taken legal action, you will not likely be permitted to recover compensation.
To protect yourself and your right to compensation, reach out to a knowledgeable personal injury attorney today.
