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Can I Sue Someone for Boating Under the Influence?

If you have recently been injured in a boat accident, you may be wondering if there is anything you can do to receive compensation. As a matter of fact, our boating accident lawyers at Belushin Law Firm, P.C. have the skills and experience necessary to represent those who have been injured while out on the water. Although there are many reasons boating accidents occur, one of the more unfortunate causes of these incidents is boating under the influence of drugs or alcohol.

What Does New York Law Say About Boating Under the Influence?

Under New York law, it is illegal to operate a watercraft “propelled in whole or in part by mechanical power” while under the influence of drugs or alcohol. The state has several classifications for BUI, also known as BWI (boating while impaired.)

It is possible to be arrested for boating under the following terms:

  • Boating while intoxicated by drugs or alcohol (BWI): A BWI is the standard charge for boating while under the influence of drugs and alcohol. It indicates that the individual operating the boat was impaired by “substantial extent.”
  • Boating while ability impaired by alcohol (alcohol-BWAI): An alcohol-involved BWAI arrest indicates that someone was impaired to “any extent” by alcohol. This means that they may not have been drunk, or even over the traditional limit—just that they had been drinking enough to indicate they were impaired.
  • Boating while ability impaired by drugs (drug-BWAI): A drug-related BWAI is similar to the offense above—it simply indicates that someone was impaired to “any extent” by drugs rather than alcohol.
  • Boating with a blood alcohol concentration (BAC) of .08% or more (“per se” BUI): In most cases, a per se BUI is a charge of boating with a BAC of .08% or higher. However, for individuals operating a “public vessel,” that is to say any boat being used for commercial use, like a ferry or a tourist boat, you only need a BAC of .04% or greater to receive a per se BUI.

How Can I Secure Compensation Following My Boating Accident?

If you or someone you know has been injured in a BUI accident, it is an extremely good idea to hire an attorney. While insurance providers are incentivized to settle cases fast in order to protect their bottom line, Belushin Law Firm, P.C. keeps fighting for our clients until we have done everything in our power to ensure they receive maximum compensation. As personal injury attorneys representing individuals in everything from DUI injuries to boating accidents, we will not stop until we have exhausted every possible argument to get you the results you deserve.

We represent clients injured in:

  • Private recreational boat accidents – All recreational boat owners are responsible for their own actions and can be held liable if injuries occur.
  • Passenger or commercial recreation boats – Injuries frequently occur on ferries and sightseeing boats. Individuals may slip and fall on the deck, or even fall off the vessel completely in some cases. When this type of thing happens on commercial recreation or passenger boats, Belushin Law Firm, P.C. is there to provide representation.
  • Fishing boats and commercial vessels – When an individual is employed on a commercial vessel, they are entitled to pursue damages through a workers’ compensation claim or another personal injury claim, depending on the circumstances of the accident.

Call our attorneys at (888) 918-9890, or contact us online after a boating accident. Our attorneys are committed to seeking justice on behalf of injured clients throughout New York.