Moncton Boat Accident Lawyers

Boating around the beautiful waters near Moncton can be a peaceful, relaxing experience, a fun day-trip with friends, or a means of employment for commercial fishers. Whatever the occasion, trips along New Brunswick’s waterways bring joy into the heart of many maritimers.

However, whether on a lake, river, or offshore in the vast ocean seas, you are always at risk of a boating accident. When these incidents occur, they can cause serious harm and long-term consequences. From medical bills to insurance roadblocks, the aftermath can be overwhelming.

If you’ve been hurt in a boating accident around Moncton, you may have more legal options than you realize. At NOVA Injury Law, our compassionate team of boat accident lawyers are ready to step in and provide you with detailed legal guidance, specific to your claim. With our help, you can explore your legal options for compensation from the start and ensure your rights are protected while doing so. We offer free consultations with absolutely no commitment so you can understand what next steps are available to you, without pressure or upfront costs.

Common Causes of Boating Accidents

Negligent or Reckless Operation

Careless operation is one of the leading causes of recreational boating accidents. Speeding, unsafe maneuvers, and failing to follow basic boating rules can quickly turn a day on the water into a disaster, potentially leading to collisions with other vessels, objects, or even swimmers.

When an operator’s negligence causes harm, they are significantly more likely to be found at-fault for the accident. Negligent operators may be held legally responsible for the injuries and losses that they have caused the victim.

Impaired Boating

Boating under the influence is just as dangerous (and illegal) as impaired driving on land. Alcohol and drug use dull a person’s judgement, reaction time, and coordination; capabilities crucial to operating vessels safely. Despite this, impaired boating is frightfully common across the Maritimes, especially in serious and fatal boating incidents.

Intoxicated boaters not only may face criminal charges, they can also be found civilly liable for the injuries they cause. If you suspect that alcohol or drugs played a role in your accident, your legal representation can help uncover the facts and work to take legal action to hold the at-fault party accountable.

Lack of Experience

Inexperienced operators may be unfamiliar with boating in general, or unfamiliar with the specific vessel they were operating in that particular moment. Whatever the circumstances, these operators often lack the training or instinct to respond quickly in emergency situations. Mistakes including misjudging wave patterns, failing to yield, or oversteering can all result in crashes.

Operator inexperience is not a legal defence; the law recognizes that novice boaters still have a duty of care. Anyone manning a boat is expected to do so safely, especially if they have chosen to carry passengers. When an operator’s inexperience leads to an avoidable accident, they can be held liable like any other negligent operator, and victims still have the right to pursue compensation.

Understanding Maritime Incidents

Types of Watercraft and Collisions

Not all boating accidents are alike. The legal outcome depends heavily on the vessels involved in the crash, the number of injured victims, and if serious injuries or fatalities occurred. For instance:

Jet ski accidents often involve sudden turns, wakes, or high speeds near people in the water or other vessels. These cases usually hinge on the operator’s skill, judgment, and attention to their surroundings, and may involve wrongful death claims due to the close proximity of these personal watercrafts to swimmers.
Recreational boats, like pontoons or speedboats, may involve group outings or family trips, raising questions about operator responsibilities, safety precautions, and additional complications if policy limits are not high enough to cover all damages.
Multi-vessel collisions may occur in busy harbours, or when visibility is low due to poor weather conditions. These crashes often require detailed investigations to determine fault, especially if all parties deny blame, or either party were renting their vessel.

Each scenario requires a tailored legal approach and can always have additional hidden legal complexities. It’s important to contact a law firm as soon as possible to ensure that evidence is not missed and fault is apportioned properly.

Distinction Between Maritime and Land-Based Accidents

Unlike land-based car or motorcycle crashes, which are dealt with civilly under provincial laws and regulations, maritime incidents can additionally fall under federal jurisdiction. Federal maritime laws may be applicable when boating accidents occur on navigable waters or involve commercial vessels.

Depending on where on the water your boating accident happened, jurisdiction, applicable laws, fault determinations, and even damage caps may change. If your claim is handled under the wrong legal system or deadlines are missed, you risk losing your right to compensation.

Victims and Legal Responsibilities

Injuries to Passengers and Operators

Whether you’re behind the wheel of another boat or a passenger along for the ride, everyone on the water deserves to be kept safe. Boat operators have a legal duty of care to act safely and avoid putting others at risk. If that duty is breached through careless, impaired, or aggressive boating, victims may be entitled to seek damages.

Whoever the person injured was, the key legal question is whether someone failed in their responsibility to act with care. If they did, and that failure caused the injury, the victim may be entitled to compensation.

Tourist Incidents and Jurisdiction

Many boating accidents near Moncton involve tourists, either as passengers on a charter out to sea, operators unfamiliar with local laws, or swimmers near shore that were impacted by the negligent actions of another. If a non-resident is injured in Canadian waters, determining which laws apply can become complex.

If you’re injured in a boating accident while visiting Moncton from another province or country, you may still be entitled to compensation. However, figuring out which laws govern your situation isn’t always straightforward. You may have to file your claim in New Brunswick, even if you live elsewhere. In these situations, legal guidance is essential to ensure that your right to recover damages is protected, no matter where you’re from.

Filing an Injury Claim

Recoverable Damages

If you’ve been hurt in a boating accident, you may be able to seek financial relief for the harm you’ve suffered through a personal injury claim. Typically, this process begins by filing a claim with the at-fault party’s insurance company. An experienced boat accident lawyer can help with submitting a strong claim by gathering evidence, calculating your losses, and obtaining expert support.

Victims of boating accidents can claim for a wide range of damages, including:

Medical expenses;

Lost income;

Property damage;

Pain and emotional suffering;

Out of pocket expenses; and

Loss of valuable services.

If the accident involved especially reckless or negligent conduct, you may also claim for punitive damages, meant to punish the wrongdoer and deter similar unsavoury behaviour.

Lawsuit vs. Settlement

Often, your lawyer will be able to negotiate a fair settlement without proceeding to court; but when issues arise, such as the insurer refusing to offer reasonable compensation, or denying liability altogether, filing a lawsuit may be the only path left to receiving the financial support you rightfully deserve.

Each path comes with its own positives and negatives. Settlements are usually faster and less stressful, but litigation may lead to higher awards in serious or contested cases. At NOVA Injury Law, our lawyers will help you weigh your options and guide you through whichever strategy best serves your case.

How Maritime Law Affects Your Case

Special Provisions and Protections

As mentioned above, if your accident took place on open or navigable waters, you may need to file a maritime claim. These claims fall under Canada’s Marine Liability Act, and come with special legal rules and liability limits that make them more complicated than traditional personal injury cases. For example, under maritime law, deadlines for filing claims can be shorter and stricter, and the owner of the vessel may be able to limit their liability based on the boat’s value.

However, these caps do not apply if the party responsible is proven to have acted recklessly, negligently or intentionally caused harm. If you think your accident may fall under maritime law, don’t wait to get legal advice. Working with a law firm familiar with maritime law is crucial to the success of your claim; especially when your compensation may be on the line.

Do I Need a Boat Accident Lawyer?

When to Contact a Lawyer

If you’ve been hurt in a boating accident, it’s never too early to talk to a lawyer about the harm you’ve suffered. Whether you’re unsure who was at fault, overwhelmed by paperwork, or already dealing with an insurance adjuster, having the right legal support can make all the difference. This is especially true if you were employed by the owner of the commercial vessel, as compensation rules may vary, and workers compensation may intersect with your claim.

At NOVA Injury Law, we know how confusing and stressful this process can feel, especially if your injuries are keeping you from work or going about your daily life. During our free case evaluation, we can provide you with the clarity you need to make informed decisions about the direction of your claim.

Call Our Moncton Boat Accident Lawyers Today

The team at NOVA Injury Law knows how quickly things can spiral after a serious accident. Medical expenses, wage loss, and uncertainty about what to do next can leave you feeling stuck and hamper your recovery.

That’s why we offer a free consultation to help you understand your rights and your options. We’ll take the time to really listen to your situation, assess your case, and guide you through what to expect. If you decide to move forward, we’ll take care of the legal work so you can focus on what matters most: getting better. The sooner you reach out, the sooner we can help.

Don’t wait to get legal advice: time limits apply, and in some cases, you may have just one year to file your claim before you risk the expiration of your legal rights. Call us at (902) 702-3531 or email info@novainjurylaw.com to get started.