. .. ...probably always has a lawyer on retainer... ...


Greg Mastronardi Auto Sales Inc
86 Topping Drive
Riverhead, NY 11901
Phone: (631) 727-4013



. . ...Nick. ...you may already know this and be doing it, but. .....do yourself a favor (besides consulting a lawyer)...document EVERYTHING. Get a small pad and right down what happened...then keep track of every person you talk to about this. ..what they said...times/dates/names. When/if this goes to court it won't be anytime soon and it will jog your memory when asked questions.....lawyers will ask you the same question 10 different ways hoping you answer differently. ....then say you're lying. ....you will see peoples version of this event change over time. ...and yours will stay true. ...best of luck!

Good points! This guy has probably spent every day with his lawyer putting together a game plan on how this was YOUR fault. Please get tell me you have your own attorney and are ready to fight, after he left you guys for shark bait.

Even if you think this is an open and shut case, you'd be surprised at what a defense attorney can do to spin this in his favor.

My advice...

1. Maritime Attorney....
2. Attorney SPEAKS only for you (or with their input).
3. Say nothing to the MP or CG without an attorney's advice... See 1 & 2.

This is a situation where the injured party is rapidly sailing into shallow shoals of their own making- if they've not retained a lawyer. The scumbag's lawyer will eat him alive if, as he's stated, "I've been in touch with them (MP) every day," and are discussing the incident without a lawyer's input. I've see too many 'open and shut' cases of maritime accidents go sideways because of Admiralty Law. It's quite possible that Nick and his buddy are being sandbagged by the perp's lawyer and, quite possibly, with the marine patrol's collusion (Chief's attributed statements).
It's costly, but without a good lawyer (and no insurance), they're probably going to get an outcome that will be very disappointing, if not shocking. Some blame will be assigned by the CG due to the Cardinal Rule of Seamanship: 'Close lookout, safe speed.' Even through they were hit (and the scumbag ran) and are 'the injured party.' They, under CG Regs & Admiralty Law, "should have had a close lookout," i.e. watchstander & radar (all means available) http://www.navcen.uscg.gov/pdf/navrules/navrules.pdf.
That's almost a given in any maritime collision- dsy or night- regardless of who's mainly 'at fault' or who has 'right of way.' However, that doesn't mean that the they'd 'lose the case,' it's just the way the law reads.
A lawyer will coach the terms used to be included in the Marine Patrol's final report and at the CG Hearing in order to put the great majority of the blame where it should reside- on the scumbag.
Please, retain the services of a maritime attorney!

Nick...if for some reason you can't afford to retain a maritime attorney, please start a gofundme page. I'll donate, and I'm sure others will too.

No reason this scumbag that left you in the water for fish bait should get away with it just because he can buy his way out.

Bet others feel this way too.

[quote=Capt_Jay]Nick...if for some reason you can't afford to retain a maritime attorney, please start a gofundme page. I'll donate, and I'm sure others will too.

No reason this scumbag that left you in the water for fish bait should get away with it just because he can buy his way out.

Bet others feel this way too.

[/quote

I'd be in for a donation.