St. John’s Boat Accident Lawyers

With its rugged coastline, busy harbour, and easy access to the Atlantic ocean, St. John’s is a hub for boating-related activities. From recreational outings on beautiful lakes or rocky beaches, to whale-watching tours out of the city, or heading off the wharf for a fishing charter, marine excursions are a part of everyday life. Unfortunately, its popularity also means that boating accidents are more common than many Newfoundlanders may realize.

If you’ve been injured in a boat accident, it’s essential to explore your legal options early. Whether the crash happened near shore, on freshwater, or out to sea, having a boat accident lawyer simplifies the process.

At NOVA Injury Law, our legal team can help you file an injury claim, determine liability, and pursue the compensation you deserve. At our firm, every case begins with a free, no-obligation, consultation to ensure that you understand your rights and options without any fees or commitments.

Causes of Boating Accidents in St. John’s

Newfoundland’s coastal waters and inlets throughout areas like Conception Bay or Petty Harbour are popular destinations for summer boating, but they also pose challenges for inexperienced or reckless operators.

Common Mistakes Leading to Accidents

Many boating accidents are caused by:

Operator inexperience, which often means unfamiliarity with ocean currents, marine navigation rules, or how to handle local vessels;
Speeding, especially in congested or foggy waters near St. John’s harbour;
Driving under the influence of alcohol or drugs, which is both a criminal offence and a blaring indicator for civil negligence; or
Otherwise careless operation such as weaving, ignoring weather alerts, or operating the vessel too close to swimmers, shore or docks. Legally, careless operation is defined as failing to exercise the degree of caution reasonably expected for the conditions.

Each of these actions can cause the operator to be held liable under provincial negligence law or federal maritime laws, often proven through witness testimony, GPS logs, on-scene evidence, or marine patrol reports.

Understanding Boating Collisions and Maritime Incidents

The waters off of St. John’s host a wide range of vessels with different sizes, speed capabilities, and max occupancy ratings. Boating collisions and other maritime incidents occur for a variety of reasons and range in severity, but all can result in serious injuries.

It’s important to note that boating collisions can be complex. The legal approach to each type of crash or collision differs depending on what watercraft was involved, the location, and whether federal maritime law or provincial law applies.

Different Types of Incidents

Jet ski accidents typically occur near shorelines or lakes, often due to speed or operator distraction.
Private recreational boat collisions, such as speedboats or sailboats, can come about as a result of failing to yield, impaired navigation, or mechanical failure.
Tour vessel crashes, such as those conducting whale-watching or sightseeing near Cape Spear.

Negligent Operator Behavior and Liability

Boat operators are held to a high standard of safety, especially in commercial and tourist-heavy zones like the areas surrounding St. John’s. Everyone operating a vessel on the water is responsible for doing so safely, regardless of experience or familiarity. Failure to do so may lead to a finding of negligence and lead to them being found legally liable.

Proving Fault After an Accident

Liability is typically assigned when the operator of a vessel is found to have breached safety obligations, often due to careless operation as outlined above. If the operator was an employee of a commercial vessel, such as a tour guide or boat rental staff, their employer may also be held vicariously liable.

Your lawyer may need to gather relevant evidence to help support the argument that the other party was negligent. This includes accident reports, witness or expert testimony, photographic evidence, boat maintenance records, and navigation or GPS data.

Legal Considerations for Boating Accidents Involving Tourists

Tourism is a booming industry in St. John’s, especially in the summer months when come-from-aways visit or cruise ships dock. As the industry expands and Newfoundland’s popularity as a travel destination rises, boating accidents involving tourists are an increasing concern that bring about additional legal complexities.

Jurisdiction and Legal Rights

These cases may involve overlapping federal and provincial laws, making early legal advice essential. When determining the appropriate legal jurisdiction and tourist liability, factors include:

Whether the tourist is a Canadian citizen or international visitor;
If the incident happened in provincial waters or if federal law applies;
Whether any waiver was signed and if it is enforceable;
If the operator had the correct license; and
Whether proper safety instructions were provided.

Filing a Maritime Claim Under Maritime Law

In certain boating accidents, particularly those that occur farther off the coast or those involving commercial vessels, federal maritime law applies rather than the standard provincial laws surrounding personal injury cases.

When Maritime Law Applies

A maritime claim, often governed by the Marine Liability Act, is typically appropriate if the incident occurred on navigable waters and involved:

A commercial or chartered vessel;
Injury to an employee; or
Damages or injuries resulting from a shipping-related crash.

Though these claims are distinct from traditional personal injury law, and often involve multiple parties and potentially conflicting laws, victims may still be entitled to claim damages for their injuries, lost wages, and property damage. If you are unsure if your case involves maritime law, it is crucial that you contact a lawyer as soon as possible to prevent filing mistakes or missed deadlines.

Pursuing Compensation After a Boating Injury

Injuries sustained in boating accidents can be severe with long-term consequences that impact you significantly, both medically and financially. Whether you were a local passenger, a visiting sightseer, a crew member, or the boat operator, you may have the right to file a personal injury claim to recover:

Medical bills or rehabilitation costs from treatments including physiotherapy, massage therapy, and psychological counselling;
Property damage to your watercraft or your belongings;
Lost wages while recovering, or future lost wages caused by an inability to work after the accident; and
Pain, suffering, and loss of enjoyment of life as a result of the accident.

Settlements vs. Lawsuits

Typically, injury claims begin by filing an insurance claim with your own insurer or the at-fault party’s insurer, depending on the circumstances. From there, negotiations take place with the goal of reaching a settlement. However, things can go wrong if the adjustor or lawyer on the other side of the case disputes liability or refuses to budge on their offer.

When this occurs, you either must accept the offer, or proceed to litigation by way of a lawsuit. That’s why having a boat accident lawyer to help you throughout the process and negotiate on your behalf is a definite asset. At NOVA Injury Law, our firm will evaluate both paths and advise whether proceeding to court would benefit your claim.

The Role of a Boat Accident Lawyer

After undergoing a potentially traumatic situation, navigating insurance and legal procedures can be overwhelming, especially while injured. Having a lawyer experienced with boat accidents in your corner can make all the difference. At NOVA Injury Law, you can trust that our law firm will handle your case with care and keen attention to detail.

What to Expect from Legal Counsel

Whether a private individual or an employee, your lawyer will:

Explain your legal options clearly and answer any questions you may have;
Help file your claim and manage communication with insurers;
Investigate the cause of the accident, including operator behaviour, and develop legal strategy based on the specific aspects of your case;
Determine what laws and jurisdiction are applicable; and
Work to secure your compensation through negotiations or litigation.

Most importantly, we understand that these situations are stressful. Our team is committed to easing your burdens and lightening your load, so we always start with a free consultation with no pressure for further action. We’ll assess the strength of your claim and help you to make informed decisions from day one.

St. John’s Boat Accident Lawyers – Free Consultation

If you or a loved one has been injured in a boating accident on or near St. John’s, don’t delay in seeking out legal advice. Limitation periods concerning maritime accidents may be as short as one year after the accident, potentially leaving you with less than a year before you risk your legal rights expiring.

The earlier you speak with a boat accident lawyer, the stronger your case will be. At NOVA Injury Law, our dedicated team is ready to assist and support you through this process, providing all the guidance you may need. To schedule a free consultation, contact us today by phone at (902) 733-5218 or by email at info@novainjurylaw.com. We can provide you with the answers you need with absolutely no commitment or cost.

When your rights and ability to receive compensation is at stake, dealing with it alone can be stressful and impede recovery. The compassionate lawyers at NOVA will provide you with the confidence you need in your claim so that you can focus on healing while we take steps to help secure the compensation you deserve.