Fredericton Boat Accident Lawyers

New Brunswick waterways are both historic and scenic, a perfect combination for boating and sailing alike. But whether you’re cruising along the Bay of Fundy, Grand Lake, the Saint John River, or any number of other popular locations, a day on the water can turn sour in an instant. Boating accidents can happen unexpectedly and can cause serious, life-altering injuries. Whether you’re a year-round recreational boater or a seasonal visitor, knowing your legal options after a boat accident is critical.

Boating accidents include any incident involving a boat or watercraft that causes injury, death, or property damage. They may involve:

Recreational boats;
Jet skis;
Kayaks;
Tour vessels; or
Much more.

These cases can be legally complex and differ from traditional motor vehicle accidents. Depending on whether the incident happened on navigable waters, your boating accident claim may fall under federal maritime law instead of provincial law. Because these cases can involve the boat operator or owner, rental companies, or a manufacturer of defective parts, each boating accident case is unique.

At NOVA Injury Law, our boating accident lawyers are trained in personal injury law and can help you navigate these distinctions. Our compassionate team is dedicated to helping our clients. We’ll provide you with a tailored legal strategy to ensure your rights are protected and your claim is properly handled.

Common Causes of Boating Accidents

Many boating accidents in New Brunswick are a result of preventable human error. Key contributing factors include:

Careless operation of the vessel;
Operator inexperience or lack of proper licensing;
Boating while intoxicated or under the influence of alcohol or drugs;
Excessive speeding or reckless maneuvering;
Operating the vessel while distracted; or
Operating a vessel without proper equipment, such as life jackets, lighting or warning devices.

Each of these factors can amount to negligence and significantly affect liability in a boating accident claim. A variety of legal sources may be applicable when determining how liability is assessed, including the Marine Liability Act, Transport Canada safety regulations, or general provincial negligence principles.

The Role of the Operator in Boating Accidents

In most boating accident cases, the actions of the operator are looked at under close and heavy scrutiny. A person operating a boat while intoxicated or without adequate experience can be held legally responsible for any injuries or damage caused.

Many boaters in the Fredericton area may be renting or borrowing vessels for the first time and accordingly are unfamiliar with local waterway rules or general rules of navigation. It is important to note that a lack of knowledge is not a legal defence, and operators are legally responsible for knowing how to control their vessel safely. If an operator’s inexperience resulted in negligence and caused or contributed to the accident, it may result in a finding of liability.

Types of Maritime Incidents

Around Fredericton, maritime incidents can range from minor collisions between small recreational boats to serious crashes involving jet skis, rental vessels, or commercial tour boats. Each type of incident has its own legal considerations, especially when determining fault and quantifying damages.

Common types include:

Jet ski accidents → These high-speed watercrafts are often rented and operated by inexperienced users. Accidents frequently occur due to sudden turns or failure to yield. Though they are smaller and more nimble, jet skis are still legally classified as vessels. However, determining fault may be more complex if the machine was rented or shared.
Recreational boating collisions → Privately owned vessels that are operated for fun. When two collide, liability is generally determined by comparing each operator’s actions and consideration of safe boating practices. If both were some degree of negligent, liability may be split.
Commercial or chartered vessel crashes → Including guided river cruises, whale-watching tours, or fishing charters. Operators may be held to a higher standard of care and the liability may extend to the business the operator is employed with.

The legal process for handling maritime incidents varies depending on the type of watercraft involved, where the accident occurred, and the role of all parties involved. All incidents are governed by a different mix of maritime law, provincial negligence law, and federal legislation such as safety regulations.

Boating Accidents Involving Tourists

Tourists in Fredericton and other parts of New Brunswick often rent kayaks, canoes, or motorboats to explore lakes, the open sea, or the Saint John River. But when an out of province visitor is injured, the claim often involves additional jurisdictional challenges.

When a tourist is injured, these questions may be asked:

Which provincial or federal laws apply?
Is the rental or tour company’s liability waiver enforceable?
Did the operator have the correct license?
Was the vessel seaworthy and properly equipped?
Were safety instructions properly provided?

Injury Claims and Compensation

If you’ve been hurt in a boating accident, you may be entitled to file a personal injury claim to recover compensation for your injuries, medical bills, property damage, lost income and future earnings, and more.

The most important thing after any kind of accident is to seek medical attention immediately and document all your injuries. You should report the accident to local authorities or Transport Canada if needed, the boat owner (and their insurer), as well as your own insurance if applicable, or the group that the vessel was rented from. Ensure that you gather evidence and contact information of all parties involved.

Most provincial injury claims begin with insurance negotiations. Because of the complex nature of watercraft accidents, having a lawyer is recommended. Successful negotiations end in a fair settlement and avoid lawsuits entirely. If the party responsible denies fault or makes low-ball offers, it may be necessary to proceed to litigation in order to recover full compensation for the physical, emotional, and financial harm that you’ve suffered.

If the accident happened on navigable waters, the case may fall under federal maritime law. The process of filing a maritime claim differs from standard personal injury claims; a knowledgeable law firm with maritime experience is essential to ensure that your claim is filed properly, with the correct jurisdiction, and on time. Generally, a legal action claiming damages for personal injury or death (including claims by dependants) must be filed within 2 years of the occurrence or accident.

Who Can File a Claim?

Boating-related injuries can happen to anyone, not just owners and operators. You may also be eligible to file a claim if you were:

An employee injured on a commercial vessel;
A passenger on a friend’s boat or a touring service;
A dependant of someone injured or killed in a boating incident; or
A bystander or victim struck by a negligent operator.

Even if you weren’t on the water yourself, such as if you were injured while standing on a dock or shoreline near a launch site, you may still have a valid claim under New Brunswick personal injury law.

Why Contact a Fredericton Boat Accident Lawyer

Navigating a boating accident claim near Fredericton requires local knowledge and familiarity with provincial and federal regulations. At NOVA Injury Law, our lawyers can provide both, as well as a wealth of legal experience to help your claim succeed. We can assist by providing thorough investigation of the incident, including gathering evidence, communicating and negotiating with insurance companies, and taking your case to court if needed.

During your completely free consultation, we will:

Review your version of events;
Explain how liability is determined;
Discuss what compensation may be available; and
Outline the steps involved in filing a claim.

Afterwards, you’ll have a clear understanding of your legal options, tailored to your specific case.

Call Our Fredericton Boat Accident Lawyers Today

If you’ve been injured in a boating accident on or near one of Fredericton’s waterways, the clock is likely already ticking on your right to file. With marine incidents, the limitation period can be as short as two years from the date of the accident, meaning you may have less than two years to file court documents before you risk the expiration of your legal rights.

At NOVA Injury Law, our boat accident lawyers are ready to help you take action at our Fredericton location. Reach out today by phone at (506) 436-5404 or by email at info@novainjurylaw.com to schedule a free consultation, with no pressure, no fees, just explanations.

Let us take on the legal burden so you can focus on healing while we handle the rest. With our experience with local water laws, boating practices, and court procedures, the legal team at NOVA has the knowledge to build a case that will help you recover the compensation you deserve.