A fatal boating accident in Barnegat Bay, New Jersey, left one man dead and five others injured over Memorial Day weekend near Long Beach Island. According to reports citing New Jersey State Police, 28-year-old Gunnar Pearson of Barnegat was killed after a boat struck a day marker near the Brant Beach section of Long Beach Township. Six people were aboard the boat at the time of the crash; two were reportedly ejected into the water and taken to an area hospital in critical condition, while four others were treated for minor injuries.
After a serious boat crash, the initial cause is not always obvious. A New Jersey boating accident case may involve speed, weather, visibility, boat maintenance, safety equipment, operator intoxication, passenger safety, and whether key evidence was saved before it was lost. Each detail can help explain how the crash happened, who may be responsible, and what legal rights injured passengers or grieving families may have.
New Jersey Boating Laws That Apply After an Accident
Boat operators in New Jersey have legal responsibilities. They must use care, watch where they are going, follow the rules of the water, and operate at a safe speed for the conditions. New Jersey’s careless boating law, N.J.S.A. 12:7-76, and reckless boating law, N.J.S.A. 12:7-47, may apply when someone operates a boat in a way that puts people or property at risk.
New Jersey also has boating safety rules. Many power boat operators must complete an approved boating safety course and carry a New Jersey Boating Safety Certificate. On non-tidal waters, a boat license and safety certificate are generally required to operate a power boat or personal watercraft.
Boating under the influence may also be reviewed in some cases, although there has been no public finding that alcohol or drugs caused the Barnegat Bay crash. New Jersey law prohibits operating certain boats while under the influence of alcohol or drugs, or with a blood alcohol concentration of 0.08 percent or more.
Passenger Rights After a New Jersey Boat Accident
Passengers hurt in a New Jersey boat accident may have legal rights even if they were not driving the boat or had no control over what happened. Most passengers are trusting someone else to make safe choices, including the boat operator, boat owner, rental company, boat club, marina, or repair company.
If the crash was caused by another person’s neligence, such as unsafe operation, excessive speed, or intoxication, a boating claim may be possible. Compensation for medical bills, future treatment, lost income, reduced ability to work, pain and suffering, disability, scarring, emotional distress, and loss of enjoyment of life may be possible. Serious boating injuries often include traumatic brain injury, spinal cord injury, broken bones, drowning-related injuries, or lack of oxygen to the brain.
When a boat accident is fatal, New Jersey law may allow the family and estate to bring claims. The New Jersey Wrongful Death Act, N.J.S.A. 2A:31-1 and N.J.S.A. 2A:31-5, may allow surviving family members to recover financial losses such as support, household services, guidance, and certain medical, hospital, and funeral costs.
A separate survival claim under N.J.S.A. 2A:15-3 may allow the estate to seek damages for what the person went through between the injury and death, including conscious pain and suffering. New Jersey wrongful death claims generally must be filed within two years of the date of death under N.J.S.A. 2A:31-3, although exceptions may apply.
Evidence That Can Help Prove What Happened
Boats may be moved, repaired, cleaned, or inspected before the injured person or family has their own review causing evidence to disappear quickly. Witnesses may leave the area, phone videos may be deleted, and marina or nearby security footage may not be saved for long.
Important evidence includes New Jersey State Police and Marine Services Bureau reports, witness statements, photos and videos from passengers, witnesses, marinas, nearby homes, or businesses. Equally as important are weather and tide records, safety equipment, boat damage, maintenance records, rental records, operator training, insurance coverage, and GPS or navigation data.
Some boats may also have electronic information that works like a “black box” in a car accident case. Depending on the boat, this may include GPS tracks, chartplotter data, engine information, speed, route, location history, alarms, or phone data from before the crash. This information can help show where the boat was, how fast it was going, whether it slowed down or changed course, and whether a mechanical issue may have played a role.
Not every boat stores the same information, and some data can be lost if equipment is reset, repaired, replaced, or returned to use. That is why the boat, electronics, photos, videos, and records should be preserved as soon as possible after a serious New Jersey boating accident.
Davis, Saperstein & Salomon’s Boating Accident Experience
Davis, Saperstein & Salomon, P.C. has handled serious boating accident, catastrophic injury, maritime injury, and wrongful death cases throughout New Jersey for more than 40 years.
Founding Partner Samuel L. Davis has extensive experience representing victims in serious Jersey Shore boating accident cases. In one case, he handled litigation involving a head-on collision near Manasquan Inlet in New Jersey that occurred over Memorial Day weekend. Two sisters suffered catastrophic injuries after their boat was struck by another vessel. The litigation resulted in a total of $9.5 million in combined jury verdicts for the two sisters.
As Sam Davis explains: “I have handled serious boating accident cases in New Jersey for decades, and the hardest part is knowing how fast a normal day on the water can become a tragedy. When someone is killed or badly injured, you can’t wing it. You have to look at what actually happened, who was operating the boat, whether the rules of the water were followed, whether the vessel was safe, and whether evidence is being protected before it is lost.”
Contact a New Jersey Boating Accident Lawyer
A serious boat crash can leave families with medical bills, unanswered questions, and uncertainty about what comes next. You do not need to know whether you have a case before calling an attorney. You only need to protect your rights and make sure the evidence is preserved.
Davis, Saperstein & Salomon, P.C. represents injured passengers and families throughout New Jersey, including victims of Barnegat Bay boating accidents, Long Beach Island boat crashes, Jersey Shore boating accidents, maritime injuries, catastrophic injuries, and wrongful death claims.
If you or someone you love was injured in a boat crash in New Jersey, contact Davis, Saperstein & Salomon, P.C. for a free consultation or second opinion. A New Jersey boating accident lawyer at the firm can review what happened, explain your legal options, and help determine whether compensation may be available.
FAQ’s about New Jersey boating accident claims
Can an injured passenger file a claim after a boat crash in New Jersey?
Yes. An injured passenger may be able to file a claim if another person or entity’s negligence caused the crash or contributed to the injuries. Potential claims may involve the boat operator, boat owner, rental company, marina, maintenance provider, product manufacturer, or another responsible party.
What should families do after a fatal boating accident in New Jersey?
Families should focus first on medical care, immediate needs, and preserving evidence. An attorney can help obtain reports, identify witnesses, secure photos and videos, review vessel damage, evaluate insurance coverage, and determine whether a wrongful death claim, survival action, or maritime claim may be available.
How long do families have to file a wrongful death boating accident claim in New Jersey?
New Jersey wrongful death claims generally must be filed within two years after the date of death, although exceptions may apply. Because evidence in boating cases can disappear quickly, families should speak with a New Jersey wrongful death lawyer as early as possible.
What compensation may be available after a boating injury claim in New Jersey?
Compensation may include medical bills, future treatment, lost income, reduced earning capacity, pain and suffering, disability, scarring, emotional distress, and loss of enjoyment of life. In fatal cases, New Jersey law may also allow wrongful death and survival claims depending on the facts.
Does bad weather or fog automatically excuse a boat operator from responsibility?
No. Weather and visibility are important facts, but they do not automatically determine fault. A boat operator may still have a duty to operate at a safe speed, keep a proper lookout, use appropriate navigation, and respond reasonably to the conditions.
