Why Hire Simmons & Fletcher For Your Boating Accident?
Boaters are subject to a unique set of state and federal laws that not every attorney will be familiar with. At Simmons and Fletcher, our personal injury attorneys have years of experience in a variety of practice areas, including boat accidents. Whether you were injured aboard a cruise ship, a fishing vessel, a recreational boat, or a personal watercraft, call us for a free consultation.
What Are the Common Causes of Boating Accidents in Houston?
According to the Texas Parks & Wildlife Department, there were 175 recreational boating incidents in 2023, with 28 of these incidents involving fatalities. These reported boating accidents in Texas also amounted to $769,868.00 in property damage for boat owners and operators.
Unfortunately, many of these accidents occur due to improper training, ignored safety standards, and operator negligence—in fact, Texas Parks & Wildlife reported operator inattention and reckless operation as the top two causes of all boating accidents in the state of Texas. Still, there are many common boating accident causes, including:
- Lack of proper training and instruction;
- Failure to follow safety protocols for boats;
- Failure to properly control the vessel;
- Alcohol consumption while boating;
- Operating at excessive speed;
- Failure to pay attention to other boats and their movements;
- Equipment failure.
What Are the Differences Between Maritime and Inland Waterway Laws?
Boating accidents at sea fall under maritime law, while accidents on inland waterways (e.g., rivers, lakes, and waterways) follow a different set of regulations known as inland waterway regulations set forth by The Secretary of Homeland Security and United States Coast Guard (who also enforce these rules). Jurisdiction is highly dependent on whether inland waterways are classified as navigable, as this can impact which laws and regulations apply.
Inland waterway laws include both state and federal regulations that govern the waterways in and around Houston. When a boat accident happens at sea, however, maritime rules effectively override any state and local laws. While there are a few key differences between these sets of regulations, one is most crucial: their role in assigning and proving negligence.
In Texas, inland waterway laws allow an injured party to recover damages if they are less than 51% at fault, following a modified comparative negligence rule. Maritime law, however, uses joint and several liability, meaning any party that contributed to the accident may be held responsible for the full damages, regardless of their fault percentage.
A qualified and experienced personal injury attorney with a history of handling boat accidents and maritime claims can help you understand these laws and how they affect your case. Call our team at Simmons & Fletcher to schedule a free initial consultation: at (713) 932-0777.
How Is Fault Determined in a Boating Accident?
Depending on various factors—including whether your boating accident occurred at sea or on a waterway—several different parties may be found at fault in your incident. While the operator of the boat may be the most obvious at-fault party, other individuals and entities may be held liable. Some of the parties that may be found negligent in a Houston boat accident include (but aren’t limited to):
- The boat owner;
- The boat operator;
- The boat rental company;
- The boat manufacturer;
- The boat mechanic;
- A boat passenger whose actions contributed to the accident.
So how do you know exactly who is at fault in a boating accident? Your Houston boat accident attorney will answer this question for you by investigating your case, interviewing witnesses, gathering evidence, consulting with experts, and ultimately determining who may be held liable. In order to definitively prove fault and file a claim, your maritime injury attorney must provide evidence to show the following four aspects of negligence:
- The allegedly negligent party had a duty of care to protect the injured person;
- The negligent party breached that duty of care;
- The injured party suffered damages as a result of the accident;
- The negligent party’s actions directly caused those damages.
What Steps Should You Take After a Boating Accident?
After a boating accident, your first priority should be your own physical safety. Get yourself out of harm’s way, then seek emergency medical attention for any injuries that you’ve incurred. Then, follow this list of what to do after a boating accident:
- File a report with the U.S. Coast Guard or the local authorities;
- Take photos or otherwise gather evidence at the accident scene;
- Gather contact information from any witnesses to the accident;
- Seek medical treatment, even if you don’t think you have injuries;
- Contact an experienced Houston boat accident attorney.
After completing these legal steps for boat accidents, it’s crucial to hire an experienced maritime lawyer in Houston. A personal injury attorney who handles boat accident claims can potentially help you to gather evidence after your accident, investigate your claim, and fight for your right to a just settlement.
Contact Simmons & Fletcher for your free case evaluation today—you don’t owe us a dime unless we win your case: (713) 932-0777.
What Compensation Can You Recover After a Boating Accident?
If you or a loved one has been injured in a boating accident, you deserve compensation to recoup the losses you’ve suffered—financially, emotionally, and physically. The precise amount of money your claim is worth is difficult to estimate without a thorough investigation of your case—however, we can tell you what kinds of boating accident compensation you can recover for your damages, including:
- Economic damages that have a clear dollar value, such as medical bills, lost wages, and property damages.
- Non-economic damages that an attorney can help you to quantify, include emotional anguish, loss of enjoyment of life, and loss of consortium.
- Punitive damages that may be issued by a judge in a boat injury settlement in the case that the defendant was egregiously reckless or negligent.
