Boating Accidents Lawyer Dallas TX
What Happens If Another Boat Hits Me?
Boating in Texas can be a lot of fun, but just like driving, accidents can occur without warning. If you are hit by another boat while on the water and are injured or incur major boat damages, you may be entitled to compensation. However, a boating accidents lawyer in Dallas, TX must be able to prove negligence on the part of the other boat driver in order to recover any compensation for damages.
You can do this by taking a picture of any boat damage, writing down anything you can remember about the accident right away (like where you were, what you saw, and what you felt, where you were hurt), taking videos of the boats and the damages done on the negligent driver’s boat, and getting witness testimonies from anyone around.
Witness testimonies can be written on anything- a piece of paper, a napkin – just as long as the witness signs and dates the materials. This will provide proof in the event that you go to court or file a lawsuit against the guilty boat driver because boating accidents tend to be iffy.
Much like a car accident, both boat drivers may be a percentage at fault because they should have been more aware. If any passenger is injured, they would have a legal case against the at-fault boat drivers, just like in a car collision case. If either of the drivers is injured, they would only have to file a claim against the other driver (because they would be 50 percent or less responsible for the accident). However, if you were hit by a motorboat and you operate a sailboat or vice versa, more than likely whoever is driving the motorboat will be deemed at fault due to regulations that require motorboats to stay clear of sailboats.
Damages Available in an Injury Lawsuit
If another boater acted in a negligent manner and you were injured as a result of this, you are entitled to damages like medical expenses and pain and suffering compensation. Just as in a car accident, you may also be entitled to lost wages (any wages you would have made working but did not make due to the inability to work). If the party that hit your boat does not have insurance or any assets that your insurance company can take to cover your injury or boat damage costs, they will not be required to pay for any damages. Although motor vehicle insurance will not cover any boating injuries, homeowners insurance may. This depends on if the boat owner that hit you has a homeowner’s insurance policy or not; if they do not, more than likely they will not be required to pay for your damages. A boating accidents lawyer in Dallas TX from Brandy Austin Law Firm, PLLC. can help you determine the best legal options to pursue damages.
Common Reasons for Boating Accidents to Occur
There are many different reasons for a boat accident to occur, but most of the time, at least one of the following is a factor:
Careless or Reckless Operation – Although many people can operate a boat responsibly, some do so in a careless manner which may then lead to an accident. Examples of recklessness while operating a boat includes:
- Allowing passengers to sit in the wrong area of the boat
- Splashing other boats
- Jumping or driving too close, or in front of, another boat
- Violating wake rules
- Failing to maintain a safe distance between other boats
- Failing to pay attention to other boats, watercraft, water skiers, jet ski, etc.
- Overloading the boat
If the above applies to your accident, you should consult a boating accidents lawyer Dallas TX has to offer.
Driving the Boat at Excessive Speeds – All boats must adhere to safe speeds, when the operator drives too fast, they can lose control of the watercraft and crash.
Driving Under the Influence – Boat operators must obey the same laws as that of a driver of a car. It is illegal to operate a boat with a BAC of 0.08 or higher. If the operator has been found to be under the influence of drugs or alcohol, they could be pursued for monetary damages and may also face criminal charges.
Other reasons for a boat accident may include, inexperience, passenger carelessness, bad weather, or a defective part.
Contact a Dallas TX Boating Accidents Lawyer Today
If you or someone you know was injured in a boating accident and was not at fault, do not hesitate to contact a boating accidents lawyer Dallas TX clients recommend from Brandy Austin Law Firm, PLLC. He or she will ensure that you get the justice you deserve and recover any compensation that you may be entitled to.