Just as car and truck driving accidents are an inherent danger with operating land vehicles, the same can be said for sea vehicles as well. Boat accidents can easily lead to personal injury, and in some worst case scenarios, even death.
If you or a loved one have been in a boat accident that resulted in serious personal injury or even wrongful death, you should immediately seek an experienced Houston boat accident lawyer from Kolodny Law Firm as soon as possible. With years of experience, we’ve helped our clients recover in settlements and we are here to be your aggressive warriors and fight for the compensation you deserve.
Common Causes of Boating Accidents in Houston
Inexperienced Drivers
The licensing for boat operating is not the same as for operating land vehicles. If the driver isn’t well versed in the rules, or doesn’t have the experience to handle rapidly changing conditions, serious personal injury can occur.
Severe Weather Hazards
Strong winds, torrential rain and many other factors can attribute to boat accidents. These factors can make it difficult to navigate, and operating the water vehicle in such conditions can lead to potentially deadly consequences.
Under the Influence
Although boating can be a very fun recreational activity, sadly, many undertake this activity while under the influence of alcohol. Just as driving under the influence can have serious consequences, boating while intoxicated can carry the same amount of personal injury risk, if not more.
What to Do After a Boat Accident in Houston
Boat accidents can be terrifying and chaotic, and the aftermath often leaves victims unsure of how to proceed. If you or a loved one has been involved in a boat accident in Houston, taking the right steps can be crucial for your safety, medical well-being, and any potential legal claims. Here’s a guide on what to do:
1. Ensure Everyone’s Safety
Your first priority after a boat accident should be ensuring the safety of everyone involved. If possible, check on the condition of all passengers and provide first aid where needed. If someone has fallen overboard, act quickly to assist them back onto the vessel or out of the water. If there is a risk of the boat sinking or further damage, consider moving to a safer location, if feasible.
2. Alert Authorities
Contact the U.S. Coast Guard or local law enforcement to report the accident. In many cases, Texas law requires reporting if there are injuries, fatalities, or significant property damage. Be prepared to give details about the accident, including the number of people involved and any injuries sustained.
3. Seek Medical Attention
Even if you feel fine after the accident, it’s essential to get medical attention as soon as possible. Injuries from boat accidents can be severe or may not be immediately apparent, such as internal injuries or concussions. A medical evaluation can ensure your well-being and provide documentation crucial for any future claims.
4. Document the Scene
If you’re physically able, gather as much evidence as possible from the scene. Take photographs of the damage to the boat(s), the surrounding area, and any visible injuries. Record details of what happened, including weather conditions, the behavior of those operating the boats, and any notable hazards. Collect the names and contact information of witnesses who saw the accident.
5. Exchange Information
Just like in a car accident, it’s important to exchange information with the other parties involved. This includes names, contact details, and insurance information for boat owners and operators. Make a note of the registration numbers of the vessels involved.
6. Avoid Admitting Fault
Be cautious with your words when discussing the accident with others, including law enforcement and the other parties. Avoid admitting fault or making statements that could be used against you. Simply provide factual information about what happened and cooperate fully with the authorities.
7. Report the Accident to Your Insurance
Notify your boat insurance provider about the incident. Provide them with all the information you’ve collected and follow their instructions for filing a claim. Remember to be honest and detailed in your report.
8. Consult a Houston Boat Accident Attorney
Navigating the aftermath of a boat accident can be overwhelming, especially if there are serious injuries or disputes over liability. An experienced Houston boat accident lawyer at Kolodny Law Firm can help you understand your legal options and fight for the compensation you deserve. We have extensive experience handling complex maritime accident cases and are prepared to be your fierce advocates.
Taking these steps promptly and carefully can make a significant difference in protecting your rights and ensuring your recovery after a traumatic boat accident.
Call (713) 532-4474 or complete a Free Case Evaluation form
Determining Fault in a Houston Boating Accident
Establishing fault in a Houston boating accident can be complicated, but it is a critical part of securing compensation for injuries or losses. Unlike car accidents, where traffic laws and regulations provide clearer standards of liability, boating accidents require an understanding of maritime rules, operator responsibilities, and the unique circumstances surrounding each case. Here’s how fault is generally determined:
1. Analyzing Negligence
Fault is often tied to the concept of negligence. A person is considered negligent if they fail to act with reasonable care, leading to injury or damage. In a boating context, this could mean operating a vessel recklessly, failing to follow navigational rules, or not taking proper safety precautions. Courts will examine whether the at-fault party acted in a way that a reasonably prudent person would not have under similar conditions.
2. Evaluating Compliance with Maritime Rules
Boaters are required to adhere to the rules set forth by organizations like the U.S. Coast Guard, which include guidelines on right-of-way, proper lighting, speed limits, and more. If a boater violated these rules, such as by failing to yield to another vessel or operating at excessive speeds, this could be a clear indicator of fault. Similarly, a lack of appropriate safety equipment or operating a boat without the necessary licenses can also establish liability.
3. Assessing Operator Impairment or Inexperience
Operating a boat under the influence of alcohol or drugs is a major contributor to boating accidents and can be a decisive factor in determining fault. Impaired judgment, slowed reaction times, and poor decision-making are all dangerous on the water. Additionally, inexperienced operators who are unfamiliar with local waterways or proper handling techniques may also bear responsibility if their lack of knowledge directly led to the accident.
4. Considering Equipment Failure
In some cases, fault may not lie with the boat operator but rather with the manufacturer of the boat or its components. Mechanical failure, such as engine breakdowns, defective navigation equipment, or malfunctioning safety gear, can cause serious accidents. If a defect is proven to have contributed to the accident, the manufacturer or maintenance company could be held liable.
5. Investigating External Factors
Weather and environmental conditions often play a role in boating accidents. Sudden storms, strong currents, or obstructed visibility can make boating hazardous. While operators cannot control the weather, they are still responsible for making sound decisions, such as avoiding risky conditions when possible. Failing to adjust for severe weather may contribute to determining fault.
6. Witness Statements and Accident Reports
Witness testimony and official reports from law enforcement or the U.S. Coast Guard are often instrumental in assigning fault. These accounts can provide a neutral perspective on the events leading up to the accident, helping to piece together a clearer picture of what happened. Documented evidence, such as photos, videos, or the boat’s black box data (if available), can also support claims of negligence.
7. Comparative Fault in Texas
Texas follows a “modified comparative fault” rule, which means that if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. However, if you are more than 50% responsible, you cannot recover damages. This makes it crucial to work with a skilled Houston boat accident attorney who can present a strong case in your favor.
Contact Kolodny Law Firm for Help
Determining fault in a boating accident requires thorough investigation and a deep understanding of maritime and personal injury law. Kolodny Law Firm has the experience and resources needed to navigate these complex cases.
We fight vigorously for our clients, ensuring they receive the compensation they deserve. Reach out to us for a free consultation to discuss your legal options.
BOATING SAFETY TIPS
While millions of people enjoy time on the water with friends and family, it’s important to remember that safety is paramount when operating water vessels in such a way as to avoid personal injury related to boat accidents. US Coast Guard reported over 4,200 boating accidents, resulting in over 2,600 injuries, 658 deaths and $46 mil in property damages.
Life jackets are sometimes an overlooked core of boat safety. The US Coast Guard reported 76% of boating deaths in 2017 were due to drowning, and 84% of those victims were not wearing a life jacket. While regulations vary from state to state, it’s safe to say that life jackets are an essential part of staying safe. Even the best swimmers still need a life jacket, as falling off of a boat into the sea or ocean can leave one disoriented, injured or even unconscious. Life jackets can keep a victims’ head above water, allowing for easier breathing, and as such, it is highly recommended that every child wear a life jacket at all times.
- Ensure proper life jacket fit for an individual’s size and weight
- Ensure proper fastening of life jacket
- When wearing a life jacket, hold arms above head and ask a nearby person to grab the top of the arm opening and tug up towards the head. A proper fit should ensure that the life jacket does not rise up over the chin or face.
FAQS About Houston Boating Accidents
Can I Still File a Claim if the Boat Accident Was Partly My Fault?
Yes, under Texas’ modified comparative fault rule, you may still be able to recover damages if you are partially at fault for the accident. However, your compensation may be reduced by your percentage of fault. If you are more than 50% at fault, you may not be eligible to recover damages.
What Types of Injuries Are Most Common in Houston Boating Accidents?
Common injuries include traumatic brain injuries, spinal cord injuries, broken bones, lacerations, and drowning-related injuries. Even seemingly minor accidents can result in severe injuries, so it is important to seek medical attention after an accident.
How Long Do I Have to File a Boating Accident Claim in Houston?
In Texas, you typically have two years from the date of the accident to file a personal injury or wrongful death claim. However, it is advisable to contact an attorney as soon as possible to ensure all evidence is preserved and the claim is filed within the legal timeframe.
What Should I Do if the Boat Operator Involved in the Accident Is Uninsured?
If the boat operator is uninsured, you may be able to file a claim with your own boat insurance or pursue compensation through other avenues, such as suing the at-fault party directly. An experienced attorney can help you navigate these complex situations.
How Do Weather Conditions Impact the Legal Outcome of a Boating Accident Case?
While weather conditions such as strong winds or poor visibility may contribute to an accident, operators are still responsible for making safe decisions. If the operator failed to take appropriate precautions or continued boating in hazardous conditions, they may still be found liable for the accident.
Call (713) 532-4474 or complete a Free Case Evaluation form
Speak with a Boat Accident Lawyer in Houston Today
Boat accidents can leave victims facing serious injuries and financial stress. At Kolodny Law Firm, we’re dedicated to fighting for the compensation you deserve.
Our experienced attorneys handle complex cases involving negligent operators, unsafe boating practices, and maritime law violations. We gather evidence, negotiate with insurers, and, if needed, represent you in court.
Don’t delay—time is critical for collecting evidence and witness statements. Contact us today for a free consultation, and let us guide you through the legal process with confidence.