Boating is a popular activity in the Houston area. Whether a person operates a watercraft on a lake, in a river, or on the ocean, they have an obligation under the law to do so safely. This includes following the relevant boating rules and regulations and acting in a cautious manner.
Failure to fulfill this obligation often result in avoidable accidents and life-altering injuries that require you to seek extensive medical care, receive mental health counseling, or make adjustments at work. Boaters who negligently cause these losses are liable for compensating all impacted parties. A Houston boat accident lawyer is here to help you fight for the payments you deserve in a successful personal injury lawsuit.
Demonstrating Liability for a Boating Accident
The most direct way to show that a boater was responsible for an accident is to prove that they violated a safety rule on the water, such as:
- Speed limits
- Size restrictions
- Maintenance rules
- Boating while intoxicated
A conviction reached in criminal court for any of these violations can be used as evidence of fault for a collision in a civil case. A Houston boat accident attorney could help determine whether this evidence is available and quickly obtain and prepare it to include in a comprehensive demand package.
Liability Due to Carelessness
Just because a boater does not receive a citation for a safety violation does not mean they aren’t responsible for an accident that occurred on the water. Boaters in and around Houston must protect other boaters, passengers, and people in the water or near the shore from foreseeable harm. A boater who fails to do so may be found negligent and therefor liable for any ensuing damages.
Unfortunately, many negligent boaters allege negligence on the part of the injured party in an attempt to shift blame and minimize their own liability for an accident. According to Texas Civil Practice & Remedies Code §33.001, Houston courts must examine the actions of both defendants and injured parties following an accident on the water and assign blame to each party according to their own actions. If the court assigns 50 percent or more of the blame to an injured person, they will not be able to any compensation whatsoever. For this reason, it is crucial to consult with a lawyer when attempting to prove that another boater caused an accident.
Dealing with the Insurance Companies on Behalf of Injured Clients
Most claims for compensation following boating collisions will first be filed through an insurance company. Insurance providers are supposed to offer significant compensation to people who suffer harm as a result of their insured party’s negligence. However, injured individuals will need to prove liability for the boat crash and the extent of their losses, and many insurance companies work to minimize the value of a person’s claim.
Protecting people from aggressive insurance companies is another way in which a Houston boat crash attorney could help. A lawyer would gather evidence needed to prove fault for a boating collision and contact doctors, mental health providers, and employers to determine the full impact of the incident on a person’s life. With this information, they would submit a detailed demand package to insurance companies that leave no doubt as to a defendant’s fault for a boat accident.
Speak with a Houston Boat Accident Attorney Today
Accidents that occur on the water can negatively impact every part of your life. Not only can they cause harsh physical injuries, but boating collisions may also impact your emotional health and ability to earn a living. If another boater was responsible for the incident that caused your losses, they may be held liable for providing fair compensation if you can provide sufficient evidence of their fault.
Let a Houston boat accident lawyer take the lead in your case. They are well-equipped to explain your rights, obtain evidence of another boater’s negligence, measure your losses, and place an accurate value on your case. While most cases end with an insurance settlement, our firm is prepared to take your boat crash claim to court if that is what it takes to pursue the compensation you need and deserve. Reach out to our firm now to get started.