Safeguarding Your Rights
After Boating Accidents in Texas
With over 3,300 miles of shoreline and nearly 8,000 square miles of inland water, boating accidents in Texas are more common than you might think. According to the Texas Parks and Wildlife Department, many boating accidents have been caused by alcohol consumption or simple carelessness from boat drivers or their passengers, not to mention Texans injured as a result of water skiing, jet skiing, fishing and other types of water activities.
If you or a loved one have been injured in a boating accident, reach out to 737 ASK-MIKE. We are here to help you get the justice you deserve.
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What qualifies as a boating accident?
The results of boating accidents may include vessel loss, property damage, injuries, missing individuals, and even death. As for common boating accidents, these can include:
A casualty while swimming to an undocked vessel
A casualty/injury occurring from colliding with a vessel or its components
An explosion or fire while docked or operating
Two vessels colliding
A mishap while towing (whether a wakeboard, waterski, etc.)
A passenger falling off a vessel
The vessel flooding or capsizing
An individual drowning
Yes, accidents happen, but many can be avoided by simple safety procedures and thinking ahead. For example, one of the leading boat-related casualties happens to be drowning. If simple PFD protocols had been followed and passengers were wearing life vests, these casualties could have been avoided. In addition, the law states that all vessels must have at least a single life vest (USCG approved) for every individual on board. In the event of a boating accident, the chances of survival are significantly higher when passengers have (and utilize) life vests while on board.
Responsibility for Boating Accidents
When a boating accident occurs, the party responsible can typically be held accountable for their negligence. A lawyer will know what laws were violated and what compensation can be acquired to cover your injuries. They can guide you through the complex legal proceedings and give you peace of mind knowing that you’re in good hands. If you (or someone you know) have been a victim of what should’ve been a fun day on the water in a boating accident, there’s still hope. Our team of attorneys is on hand to help you with any legal issues that require their professional assistance.
Why Hire A Boating Accident Lawyer?
Although you may believe that you deserve compensation for getting injured by someone else’s negligence it is not as simple as it seems. 737 ASK-MIKE boating accident attorneys can help you investigate coverage and get you the compensation you deserve. We navigate the complex laws - state, federal, and international - which may apply to your case. We counter the tactics of the insurance companies which are determined to pay out the least compensation possible
While you are struggling with recovery, your time to pursue a claim may be running out. The long and arduous legal process case can drag on for years. Maximize your chances of getting the best compensation while you can by hiring the highest caliber boating attorney at 737 ASK-MIKE.
What Types of Damages are Available to Victims Injured in a Boating Accident?
If you are the victim of a boating accident, or if a loved one has died as a result of a boating accident, there are certain types of damages you could be eligible for. You could win a settlement to help pay for medical bills and any lost income while you are out of work.
If you are permanently injured from a boating accident, a boating accident lawyer can help win you a settlement to help pay for loss of future earnings, physical therapy, and other medical expenses that result. Insurance companies will sometimes try to get out of having to pay for medical bills for boating accident injuries.
It is important that you document any and all evidence that you can find. Take pictures of all your injuries as well as the boat, make note of dates and times, and keep documentation of medical visits and a police report if necessary. A lawyer can help ensure that you get the appropriate settlement after you have been in a boating accident.
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Texas Boating Accident FAQs
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Boating accidents can occur due to various factors, but some of the major causes include:
Operator inexperience or incompetence: Lack of proper training and experience in operating a boat can lead to accidents, especially in adverse weather conditions or crowded waterways.
Alcohol use: Operating a boat under the influence of alcohol or drugs can impair judgment, coordination, and reaction time, increasing the likelihood of accidents.
Excessive speed: Boating at high speeds, especially in congested areas or in unfamiliar waters, can reduce maneuverability and increase the risk of collision with other vessels, objects, or people.
Inattention or distraction: Similar to driving a car, distractions such as using mobile phones, adjusting radios, or engaging in other activities while operating a boat can divert attention from navigation and increase the risk of accidents.
Weather conditions: Inclement weather, such as high winds, storms, fog, or rough waters, can create hazardous conditions for boating, leading to collisions, capsizing, or grounding.
Equipment failure or malfunction: Mechanical failures or malfunctions in a boat's engine, steering system, electrical system, or other crucial components can cause accidents, especially if proper maintenance and inspections are neglected.
Reckless behavior: Maneuvering a boat in a reckless or irresponsible manner, such as wake jumping, cutting across the path of other vessels, or ignoring navigation rules, can result in collisions or other accidents.
Hazardous waters and obstacles: Collisions with submerged rocks, sandbars, logs, or other obstacles, as well as running aground in shallow waters, can cause accidents, particularly in unfamiliar or poorly marked areas.
Navigation errors: Misjudging distances, misinterpreting navigational aids or markers, or failing to follow charts or GPS systems correctly can lead to grounding, collisions, or getting lost.
Overloading or improper loading: Overloading a boat with too many passengers or cargo, or improperly distributing weight, can affect stability and buoyancy, increasing the risk of capsizing or swamping.
These factors often interact in complex ways, emphasizing the importance of proper education, training, and adherence to safety regulations to prevent boating accidents.
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The most important steps to take after a boating accident are;
Check for injuries: After a boat accident, the priority should always be to evaluate passengers’ health and well-being. Call out to anyone who can hear you if you are still in the water, ensure that everyone is accounted for, and check for any possible injuries. If someone is injured, provide immediate first aid or seek medical attention.
Call for help: If the accident is serious and has caused injuries or property damage, you should immediately call 911 or the Texas Parks and Wildlife Department (TPWD). The TPWD is responsible for patrolling Texas lakes and investigating boating accidents. It is better to err on the side of caution and contact authorities.
Collect and document evidence: To help protect your legal rights, you should gather as much evidence as possible after a boating accident. This may include taking photos of the damage to all boats involved, collecting contact information of other witnesses, and recording any audio or visual evidence of the incident. Documenting the details of the accident and obtaining information about the other involved boater(s) are also essential steps.
Cooperate with law enforcement: You should cooperate with law enforcement personnel investigating the accident to the best of your abilities. When asked, provide a factual account of what transpired, and offer any additional details or evidence you have collected. This will help officials determine the cause of the accident better.
Seek Legal Counsel: In case of a severe injury, property damage, or wrongful death as a result of the accident, it may serve you well to consult with attorneys experienced in boating accident cases. A boating accident lawyer may be able to provide you with guidance on your legal options, negotiate with insurance companies, and assist you in obtaining compensation for your injuries or damages.
A boat accident in Texas can happen in a matter of seconds. If you or a loved one are involved in a boat accident, keep calm, and take the necessary steps to protect yourself, your passengers, and your property.
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Reports should be made within 48 hours of the accident if a person is killed, injured or missing. If only the boat or property was damaged, you have up to 10 days to report the accident.
If you are looking for additional information related to boating in your state, including specific accident requirements and forms, the National Association of State Boating Law Administrators (NASBLA) has a state directory with helpful information.
After reporting the boating accident to the authorities, contact your State Farm® agent. You can also start, then track, an existing claim online. And check out more boating safety, insurance and maintenance articles.
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The boat operator must submit the report to authorities in the state or U.S. territory where the accident happened. If the operator is unable to, then the boat owner must submit the report.