A New York investment banker has been indicted on charges of manslaughter, reckless endangerment and endangering the welfare of a child stemming from a boating fatality two years ago. The 41-year- old Jersey City resident recently pleaded not guilty in a Manhattan Supreme Court.
The charges are the result of a two-year investigation into the death of Jijo Puthuvamkunnath, 29. Puthuvamkunnath was sitting on the deck of a friend’s sailboat when a larger boat came crashing down on him and caused his death. According to documents filed by the prosecution, the state alleges that the defendant, who was in his 30-foot ProLine with his three children, was under the influence of alcohol at the time.
The defendant has said that a high-speed tourist boat passed his boat at a high rate of speed, which caused a huge wake. He claims that he was attempting to slow down and steady his boat but crashed down on the smaller sailboat before he could regain control. The victim had recently completed his doctorate and was looking forward to getting married the following month.
New York Boating Laws
Just like operating a vehicle on land, numerous laws and regulations apply to operating a vessel on water in the State of New York. One of the important things for a boater to realize is that operating a boat while under the influence of alcohol or drugs is a crime. Under New York law, a boater is considered legally intoxicated if he or she has a blood alcohol concentration above 0.08. New York is also a zero tolerance state, meaning that boaters under the age of 21 can be charged with a crime if they have any alcohol in their bloodstream. Penalties for boating while intoxicated are similar to those for driving while intoxicated and may include incarceration, fines and suspension of boating privileges.
New York Boating Accidents
According to the New York State Office of Parks, Recreation and Historic Preservation, there were 248 boating accidents throughout the state in 2010. Of those accidents, 128 produced non-fatal injuries and 27 people were fatally injured. A collision with another recreational boat was the most common type of accident.
A boating accident can occur for a wide variety of reasons, some of which are the same as those in a land collision while others are unique to boating. Following are the most common reasons boats are involved in accidents in New York:
- No proper lookout
- Weather
- Passenger or skier behavior
- Submerged object
- Operator inattention
- Alcohol use
- Careless/Reckless operation
- Machinery failure
Legal options are available to compensate the victim of a boating accident for any injuries. While a boater may be charged with a criminal violation, a criminal prosecution does not provide financial compensation for a victim or surviving family members. For that, a victim must turn to the civil court system. The civil courts have the authority to award a victim or survivors compensation for injuries or loss sustained in a boating accident. The concept is the same as in a car accident.
Talk to a New York/New Jersey Boat Accident Attorney
If you have been injured or lost a loved one in a New York boating accident, contact the New York/New Jersey boating accident attorneys at Ginarte Gonzalez & Winograd to find out what legal options you may have. With six offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you. Contact the firm today by calling 888-446-2783 for your free consultation or fill out our online contact form.