Blood In The Water: Personal Injury Claims For Texas Boating Accidents

This article covers:

• Who can be held accountable for personal injury claims in a boating accident, and why,
• The reports you must file or demand to receive if involved in a boating accident in Texas,
• How settlement and legal representation impact your personal injury claims,

While most drivers know exactly what to do when involved in a car accident, few Texans are aware of the laws and procedures for boating accidents. But with boating accidents on the rise, you are entitled to know your rights, and the procedures required to claim them.

How Do I Make A Boating Accident Personal Injury Claim?

In regard to the process, boating accident injury claims do not differ at all from any other insurance claim predicated on a negligence theory. Just as with auto accidents, boating accident claims generally require an act of negligence in order to hold an at-fault party liable for your injuries and damages.

In order to receive compensation, a boat accident victim must prove that his or her injuries were the direct result of another party’s breach of their duty. Specifically, the duty of reasonable care while operating a boat.

Who Can Be Held Responsible/Liable In A Boating Accident Claim?

Parties that may be held liable for boating accidents can include:

• Another boat driver
• A boat owner
• A manufacturer
• An employer

What Kinds Of Personal Injury Can Be Compensated In Texas Boating Accidents?

If negligence can be established and proven, victims have a right to several types of compensation for their injuries and losses. These damages include:

• Medical expenses
• Loss of wages and work time
• Pain and suffering from injuries
• Emotional trauma
• Property damage

In the tragic case of a wrongful death because of the boating accident, other damages may be compensated for including funeral costs, lost companionship, and the deceased’s lost wages.

How Do I Seek Compensation For Injuries Sustained In A Boating Accident?

If you are injured due to a boating incident in Texas, the law allows you to seek compensation for any injury, related expenses, or other damages you incur. Furthermore, the law allows you to seek compensation for the impact any injuries had on your life.

This is done by filing a personal injury lawsuit against the party at fault for not operating a boat safely.

The type of damages available to recover in a personal injury lawsuit regarding a boating incident include but are not limited to:

• Medical expenses and bills
• Lost wages and loss of earning capacity
• Mental anguish
• Physical disfigurement
• Emotional distress
• Pain and suffering
• Inconvenience
• Inability to use a body part
• Inability to enjoy prior daily activities

Every case is different, but common types of compensation you may recover include:

• Emergency medical bills
• Surgical procedures or specialist care
• Bills for hospital stays
• Rehabilitation costs
• Medication and medical equipment coverage
• Loss of your boat
• Loss of your ability to work
• Lost time at work
• Death of a loved one

If you or a loved one are a victim of a boating accident, the most important first step is to seek medical attention. The second is to document everything at the scene, and the third is to seek legal help as soon as possible.

Failing to act promptly can hurt or limit your chances to seek the justice you deserve. Stanley Injury Law will work nonstop to hold boat owners liable for any harm inflicted. With the experience, knowledge, and resources required, Attorney Kenneth Stanley is here to help you pursue everything you are entitled to for any boating injuries you sustain.

How Long Do I Have To File A Personal Injury Claim After A Boating Accident In Texas?

In Texas, you have two years from the date of an accident to file a personal injury claim. The statute of limitations will bar you from making a claim if you fail to file it within the two-year time frame.

Thus, you have two years from the date of your boating accident in Texas to file a personal injury claim.

Navigating A Boating Accident And Personal Injury Claim

The immediate aftermath of a boating accident, as well as the procedures that follow, are essential in making a successful and effective personal injury claim.

Filing A Boating Accident Report

Boaters are required to make a report if any serious damage or injury occurred. Parks and Wildlife Code Section 31.105 requires operators of any vessel must report accidents and casualties to a local law enforcement agency or the Texas Parks and Wildlife Department.

The report must be given within 30 days of the occurrence (48 hours if a fatality occurs) if the collision, accident, or casualty resulted in any of the following:

• death (or missing person);
• injury (requiring treatment beyond first aid) to any person;
• property damage exceeding $2,000.

The accident report should include a full description of the collision, accident, or casualty in accordance with regulations established by the department.

Stop And Render Aid

Even before they file a report, however, boaters are required to stop and render assistance in the case of an accident.

Parks and Wildlife Code Section 31.104 requires that operators of any vessel involved in a boating accident stop and render whatever assistance necessary unless such action would endanger his/her own vessel, crew, or passengers. Assistance to other people includes that which is practicable and necessary to save them from or minimize any danger.

Additionally, the operator of any vessel involved in a boating accident must give his/her name, address, and vessel identification number in writing to any injured person and to the owner of any damaged property.

Failure to follow these Stop and Render Aid requirements in an accident that results in death or serious bodily injury is a Parks and Wildlife Code felony. Failure to follow these Stop and Render Aid requirements in an accident that does not result in death or serious bodily injury is a Parks and Wildlife Class A misdemeanor.

The Boater’s Insurance Company Offered Me A Settlement. Should I Accept It?

In Houston and the rest of the State of Texas, settlement amounts for injury cases involving boat accidents are calculated using the same method as any other personal injury case.

You should not accept anything without consulting a qualified and experienced lawyer, however, especially if you are required to sign anything in the process. Hiring a qualified attorney ensures you get everything you are entitled to and that justice, for those who caused the injury, is done.

What Can I Expect if I Hire Kenneth Stanley As A Personal Injury Boating Accident Attorney?

Kenneth Stanley is an extremely competitive person, raised on the principle that there is always a winner and a loser. To win requires hard work, dedication, consistency, and persistence. In order to move up on the ladder of attorney skills, you have to develop your craft more than the next attorney. Which requires going above and beyond what other attorneys do.

Kenneth Stanley is specialized in personal injury law and takes extreme pride in out-working his opponents for the sake of his clients. He takes losing personally because he knows that there are real lives and injuries at stake, and takes pride in every injustice corrected and compensation received. Trusted by clients and confident in his abilities, Kenneth Stanley often works on a contingency basis, which means he only gets paid if you win.

This is why, if you or a loved one are injured or are the victim of a boating accident, you should reach out to attorneys like Kenneth Stanley immediately. Ensure you have the best on your side to make sure you are fully and promptly compensated.

For more information on Boating Accident Injury Claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (832) 402-6008 today.