Houston Boating Accident Lawyer

Navigating Legal Options for Boating Accident Victims in Texas

Boating is a popular pastime enjoyed by millions of Texans. It is also an important part of the economy, with many people earning their living working on the water. Unfortunately, the open water is a dangerous place, and every year thousands of people are injured or killed in boating accidents.

Many people are surprised that most boating accidents result from human error. In fact, according to the US Coast Guard, over 70% of all boating accidents are due to the negligence of the boat’s operator. When someone else’s negligence causes an accident, injured victims can file a personal injury claim to recover their losses.

Call The Doan Law Firm, PLLC today at (800) 349-0000 or contact us online to schedule a meeting with our boating accident attorney in Houston!

Causes of Boating Accidents

While many people think of boating as a leisure activity, it is not without its risks. Many factors can contribute to a boating accident, including:

• Operator inattention - According to the US Coast Guard, operator inattention is the number one cause of boating accidents. Like motorists, boat operators can cause serious accidents when they are not paying attention to the task. Open water can be dangerous, and operators must be constantly vigilant to avoid hazards.
• Operator inexperience - Boating can be a lot of fun, and many people decide to take up the hobby without proper training. Operating a boat requires a certain amount of skill, and inexperienced boaters can quickly find themselves in trouble. According to the US Coast Guard, operator inexperience is the second most common cause of boating accidents.
• Speeding - Boats can travel at high speeds, and many like to take advantage of this. Unfortunately, speeding is a leading cause of boating accidents. The faster a boat is traveling, the more difficult it is to control, and the longer it takes to come to a stop.
• Boating under the influence – Just like operating a motor vehicle, it is illegal to operate a boat while under the influence of drugs or alcohol. Boating under the influence (BUI) is a leading cause of boating accidents, accounting for nearly 20% of all accidents.
• Equipment failure - Equipment failure can also cause boating accidents. Boats and other watercraft are complex machines with many moving parts, and the results can be catastrophic when something goes wrong. If a boating accident is caused by equipment failure, the manufacturer of the boat or one of its components could be held liable.
• Inclement weather - The weather can also contribute to boating accidents. Boats are not designed to handle rough weather conditions, and even a small amount of rain can make the deck dangerously slippery. According to the US Coast Guard, the weather contributed to nearly 10% of boating accidents.

Types of Boating Accidents

Boating accidents can take many different forms. Some of the most common types of boating accidents include:

• Collisions with other boats - According to the US Coast Guard, the most common type of boating accident is a collision with another boat. Just like motorists, boat operators need to be aware of their surroundings at all times and prepared to take evasive action to avoid a collision.
• Collisions with stationary objects - Boating accidents can also be caused by a collision with a stationary object. Docked boats, piers, and other objects can be challenging to see, and an inattentive boat operator can quickly find themselves in trouble.
• Grounding - Grounding can also cause boating accidents. A boat running aground can cause serious damage to the hull, resulting in the boat sinking. Grounding is a common boating accident, particularly on unfamiliar bodies of water.
• Sinking - Boats can also sink due to equipment failure or other reasons. When a boat sinks, its occupants can be put in serious danger, particularly if they are not wearing life jackets.
• Capsize - Boats can also capsize, either due to operator error or a sudden change in the weather. When a boat capsizes, it can trap its occupants inside, making it difficult to escape.
• Swamping - Boats can also swamp, which occurs when they take on water but do not sink. Swamping can cause the boat to become unstable, putting its occupants in danger.

Common Injuries Resulting from Boating Accidents

Boating accidents can lead to severe injuries, often resulting in long-term consequences for victims. Some of the most common injuries include:

• Fractures and Broken Bones: The impact of collisions or falls can cause significant fractures, requiring extensive medical treatment and rehabilitation.
• Head and Brain Injuries: Traumatic brain injuries (TBIs) can occur due to sudden jolts, collisions, or falls overboard. These injuries can affect cognitive function and overall quality of life.
• Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, leading to life-altering consequences for victims and their families.
• Drowning: Unfortunately, drowning remains a risk in boating accidents, particularly if individuals are not wearing life jackets or if emergency response is delayed.
• Electrocution: Accidental contact with live electrical sources, such as faulty wiring on boats or nearby power lines, can lead to severe injuries or fatalities.

Understanding these common injuries emphasizes the importance of safety measures while boating and highlights the need for legal assistance in pursuing compensation for medical care and recovery.

Who is Liable for a Boating Accident?

When a boating accident occurs, one of the first questions that victims have is: “Who is liable?” In many cases, the boat’s operator is responsible for the accident. Boat operators must operate their vessels safely and responsibly; when they fail, they can be liable for any injuries.

Boat operators can be held liable for a wide range of negligent actions, including:

• Operating the boat while under the influence of drugs or alcohol
• Speeding
• Inattentive driving
• Operator inexperience

In some cases, the boat's owner is not the operator who is liable for the accident but rather the boat’s owner. Boat owners must ensure that their boat is safe to operate, and when they fail to do so, they can be held liable for any resulting injuries. For example, if a boat owner does not properly maintain their boat and the boat’s brakes fail, causing an accident, the boat’s owner could be held liable for the accident.

When a defective product causes a boat accident, the manufacturer could potentially be liable. Boats and other watercraft are complex machines with many moving parts, and the results can be catastrophic when something goes wrong. If a design or manufacturing defect causes a boating accident, the manufacturer of the boat or one of its components could be held liable.

Types of Damages in Boating Accident Cases

Victims of boating accidents may be entitled to various types of damages to compensate for their losses. Understanding the potential damages is crucial for anyone navigating the aftermath of an accident. The following categories are typically available in personal injury claims related to boating incidents:

• Medical Costs: This encompasses all expenses related to medical care for injuries sustained in the boating accident, such as hospital bills, treatment costs, rehabilitation, and any necessary ongoing care.
• Lost Wages: If the accident prevents a victim from working, they may claim damages for lost income during recovery. This can also include future earning potential if the injuries result in long-term disability.
• Emotional Distress and Pain: Victims may be entitled to compensation for the physical discomfort and emotional anguish they experience due to the accident and its lasting repercussions.
• Property Damage: Damages may cover the repair or replacement of the boat and any personal property lost or damaged during the accident.
• Loss of Enjoyment: If injuries from a boating accident limit a victim's ability to enjoy recreational activities or hobbies, they may seek damages for this loss.
• Punitive Damages: In severe negligence or reckless behavior, victims might pursue punitive damages intended to punish the responsible party and discourage similar actions.

Each boating accident case is unique, and the compensation awarded will vary based on the specifics of the incident and the injuries involved. Engaging with a knowledgeable boating accident attorney can provide victims with insights into their legal options and help ensure they receive fair compensation for their losses.

Contact Our Houston Boating Accident Attorney Today

Boat accident cases can be complex, and many factors must be considered. For example, if a boat accident occurred on a navigable body of water, maritime law may govern the case. Maritime law is a highly specialized area of law, and not all personal injury attorneys are familiar with its intricacies.

At The Doan Law Firm, PLLC, we have extensive experience handling boat accident cases and know what it takes to win. Our team can help you navigate the legal system and ensure that your rights are fully protected every step of the way.

Contact The Doan Law Firm, PLLC, today to schedule a meeting with our boating accident lawyer in Houston!