If you've been involved in a boating accident in White Plains or anywhere in New York, the aftermath can be overwhelming. From handling maritime laws to dealing with insurance companies, the path to recovery can feel like an uphill battle. At The Law Offices of Jason B. Kessler, our White Plains boating accident lawyer understands the unique challenges you face, and we're here to provide the compassionate, skilled legal representation you need to secure the compensation you may deserve.
The Increase of Boating Accidents

Boating is a beloved pastime in the state, offering unparalleled opportunities for recreation and relaxation. The increasing popularity of boating comes with a concerning rise in accidents. According to the U.S. Coast Guard, boating accidents result in thousands of injuries and hundreds of fatalities nationwide each year. New York, with its extensive waterways, is no stranger to these incidents. These accidents can range from minor collisions to catastrophic events, often leading to severe injuries, significant property damage, and, tragically, even loss of life. When negligence is a factor, victims have the right to seek justice and compensation.
Why Choose The Law Offices of Jason B. Kessler?
Choosing the right attorney after a boating accident is crucial. You need a legal team with a deep understanding of maritime law, a proven track record of success, and a commitment to protecting your rights. Here's why we stand out:
Expertise in Maritime and Personal Injury Law
Boating accident cases are distinct from typical accidents as they often fall under a body of law known as maritime law or admiralty law. This body of law has its own unique rules, statutes, and precedents. Our firm possesses extensive knowledge and experience in this specialized area. We understand the nuances of federal and state regulations governing recreational and commercial boating, including the Federal Boating Act of 1971, New York Navigation Law, the Rules of the Road (both International and Inland), and Coast Guard regulations. This knowledge allows us to effectively navigate the legal complexities of your case, identify all responsible parties, and build a strong claim for you. We also have a profound understanding of personal injury law, ensuring that all aspects of your physical, emotional, and financial damages are thoroughly addressed.
A Proven Track Record of Success
Our firm has a history of achieving favorable outcomes for our clients in boating accident cases. We meticulously investigate each incident, gather compelling evidence, and aggressively advocate on behalf of our clients. While every case is unique, our success is a testament to our dedication, legal acumen, and relentless pursuit of justice. We are proud of the significant settlements and verdicts we have secured, which have helped our clients rebuild their lives after devastating accidents.
Client-Centered Approach
You are more than just a case number at our firm. We believe in providing personalized attention and compassionate support to every client. We understand the physical pain, emotional distress, and financial burdens that a boating accident can impose. Our team is committed to listening attentively to your story, providing clear and consistent communication and being accessible and responsive to your needs. We are your unwavering advocates, dedicated to achieving the best possible outcome for you.
No Fee Unless We Win
We operate on a contingency fee basis, meaning you don't pay us any legal fees unless we successfully recover compensation for you. This allows you to pursue justice without upfront financial burden, ensuring that everyone, regardless of their financial situation, has access to quality legal representation.
Understanding Boating Accidents: Common Causes and Injuries
Boating accidents can occur for a multitude of reasons, often involving a combination of factors. Understanding the common causes is critical for establishing liability.
Common Causes of Boating Accidents
Many boating accidents stem from operator inattention or distraction, much like with cars, where using cell phones or not paying attention to surroundings leads to collisions. Operator inexperience is another significant factor, as many boaters lack sufficient training, leading to poor judgment and dangerous maneuvers. Excessive speed, especially in congested areas or adverse conditions, dramatically increases accident risk. Alcohol or drug use (BUI – Boating Under the Influence) is a major contributor to severe and fatal boating accidents, as impaired judgment makes operating a vessel illegal and extremely dangerous.

Other common causes include improper lookout, where failure to watch for other vessels, swimmers, or hazards leads to collisions, and navigational rule violations, where disregarding the "Rules of the Road" can have severe consequences. Mechanical failure, stemming from defective equipment, engine issues, or maintenance neglect, can cause sudden loss of control. Furthermore, hazardous waters or weather conditions can contribute to accidents, though a responsible operator will take precautions or avoid going out in dangerous weather. Wakes and waves from other vessels can capsize smaller boats or throw passengers overboard, while overloading or improper loading can make a vessel unstable and prone to capsizing. Finally, defective equipment, such as manufacturing defects in boat components or safety gear, can also lead to serious incidents.
Common Injuries Resulting from Boating Accidents
The impact of a boating accident can be devastating, leading to a wide range of injuries. Traumatic Brain Injuries (TBIs), including concussions and contusions, can result from striking the boat's interior, being thrown overboard, or collisions. TBIs can often lead to long-lasting cognitive, emotional, and physical effects. Spinal cord injuries, such as fractures or dislocations, can lead to partial or complete paralysis, requiring lifelong care.
Broken bones and fractures are common from impacts, falls, or being ejected from the boat, while lacerations and abrasions can be deep and extensive, leading to scarring and infection. Blunt force trauma can cause internal organ damage and internal bleeding. Tragically, drowning or near-drowning can occur if someone is thrown overboard, especially without a life jacket, potentially leading to brain damage from oxygen deprivation.
Other injuries include soft tissue injuries like sprains and strains, disfigurement and scars from severe injuries, and in extreme cases, amputations from propeller accidents or crushing injuries. Prolonged exposure to cold water can lead to hypothermia, and beyond physical injuries, victims often suffer from significant psychological trauma, including anxiety, PTSD, and depression.
Your Rights After a Boating Accident: Seeking Compensation
If you've been injured in a boating accident due to someone else's negligence, you have the right to seek compensation for your damages. Our goal is to help you recover the compensation you may be owed for various losses. This includes medical expenses, covering everything from emergency room visits, to long-term rehabilitation and future care related to your injuries.
If your injuries prevent you from working, we will seek compensation for lost wages, encompassing both past and future earnings, bonuses, and benefits. We will also pursue pain and suffering, which is non-economic damage compensating you for the physical pain, emotional distress, mental anguish, and discomfort caused by your injuries. If your injuries diminish your ability to participate in activities you once enjoyed, you can seek compensation for loss of enjoyment of life. We can help you recover the costs associated with repairing or replacing your damaged boat, equipment, and personal belongings.
For injuries that result in long-term impairment, loss of function, or visible scarring, we will seek compensation for permanent disability or disfigurement. In the tragic event that a loved one loses their life in a boating accident, we can help surviving family members pursue a wrongful death claim to cover funeral expenses, loss of financial support, and emotional suffering.
The Boating Accident Claim Process: How We Can Help
Navigating the legal process after a boating accident can be daunting, but we will guide you every step of the way.
1. Initial Consultation and Case Evaluation
We offer a free, no-obligation consultation to discuss the details of your accident, assess the strength of your claim, and answer all your questions. This is an opportunity for us to understand your situation and for you to learn how we can help.
2. Thorough Investigation

If you decide to retain our services, our team will launch a comprehensive investigation into your accident. This involves gathering evidence such as accident reports, witness statements, photographs, video footage, maintenance records, and weather reports. We will diligently identify all responsible parties, which could include the boat operator, owner, manufacturer, rental company, or even a municipality. Furthermore, we consult with experts like accident reconstructionists, medical professionals, and financial experts to strengthen your case and accurately assess all damages.
3. Calculating Damages
We meticulously calculate all your economic and non-economic damages, ensuring that every aspect of your loss is accounted for, both now and for the future.
4. Negotiating with Insurance Companies
Dealing with insurance adjusters can be challenging as they often try to minimize payouts or deny claims. We will handle all communications with insurance companies on your behalf, protecting you from aggressive tactics and ensuring your rights are upheld. Our skilled negotiators will diligently pursue a fair settlement that fully compensates you for your losses.
5. Litigation and Trial (If Necessary)
While many cases settle out of court, we are fully prepared to take your case to trial if a fair settlement cannot be reached. Jason B. Kessler is an experienced trial attorney with a strong presence in the courtroom. We will present a compelling case to a judge and jury, fighting vigorously for what you deserve.
Important Steps to Take After a Boating Accident
What you do immediately after a boating accident can significantly impact your health and the strength of your claim. If you are able, follow these steps. First and foremost, ensure safety and seek medical attention. Your health is the top priority; move to a safe location if possible, and even if you feel fine, seek medical attention immediately, as some injuries may not be apparent right away. Next, report the accident; depending on the severity, report it to the U.S. Coast Guard, local law enforcement (like local police or the sheriff's department), or the New York State Office of Parks, Recreation and Historic Preservation. A formal accident report creates an official record.
It's crucial to gather information: exchange contact information (names, phone numbers, and insurance details) from all involved parties, collect names and contact information of any witnesses, and take photographs or videos to document the scene, damage to all vessels, injuries, and any relevant environmental conditions. Remember, do not admit fault; avoid making statements that could be interpreted as admitting fault, even if you are unsure about what happened.
Similarly, do not give recorded statements to any insurance company without first speaking with an attorney. Finally, preserve evidence by not repairing your boat or discarding any damaged items until they have been inspected by your attorney or investigators. The most important step is to contact an experienced boating accident lawyer as soon as possible.The sooner you contact us, the sooner we can begin protecting your rights and building a strong case.
New York Boating Accident Laws
New York State has specific laws governing boating, outlined primarily in the New York Navigation Law. These laws cover everything from vessel registration and equipment requirements to rules of navigation and penalties for reckless operation or BUI. For instance, New York has strict BUI laws, with penalties similar to DWI for motor vehicles. Understanding these state-specific regulations, in addition to federal maritime laws, is crucial for effectively handling a boating accident claim. The complexities of jurisdiction, whether state or federal, can also arise depending on where the accident occurred, such as navigable waters of the U.S. versus inland lakes. Our firm has the skill to traverse these jurisdictional challenges.
Protecting Your Future After a Boating Accident

A boating accident can change your life in an instant. The physical pain, emotional trauma, and financial strain can feel insurmountable. You don't have to face this challenge alone. At The Law Offices of Jason B. Kessler, we are dedicated to helping victims of accidents in White Plains and throughout New York get the justice and compensation they deserve. Our experienced team White Plains personal injury lawyer will handle all the legal concerns, allowing you to focus on your recovery. We understand the unique aspects of maritime law and personal injury claims, and we are committed to providing effective, and compassionate legal representation. Let us be your trusted advocate during this difficult time.
Contact us today at (914) 220-1088 for a free consultation.
Law Offices of Jason B. Kessler
55 Church St Suite 201, White Plains, NY 10601,