Legal Remedies for Injuries Sustained in Boating Accidents

When people go boating for business or pleasure, they want to have an accident-free time on the water. However, a fishing trip on the Gulf Coast or a leisurely cruise on Lake Conroe can become dangerous if a boating accident occurs. Most boating accidents happen because of the negligence or carelessness of others.

If you or a loved one was involved in a boating accident, legal remedies are available to you, and you also need to understand your rights. This blog covers legal remedies for injuries sustained in a boating accident and the known causes of boating accidents. Our attorneys can help you file a boating accident compensation claim.

We have successfully represented many aggrieved clients and are confident we can help you reach a fair settlement. Our initial consultations are free, during which you can learn about your rights and legal options before deciding whether to continue with a claim. Contact us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential consultation.

Why Hire Our Boating Accident Lawyer to Help With Your Claim?

At Terry Bryant Accident & Injury Law, we understand how complex a boating accident injury claim can be. Therefore, we commit resources and staff as needed to ensure a favorable outcome for each case. We also understand the applicable laws, from maritime to standard personal injury laws, so you can trust us to provide quality representation.

Our boat accident lawyer will gather evidence, analyze accident reports, interview witnesses, and work with experts to prove negligence or liability. We will also handle negotiations with the responsible party’s insurer, ensuring all your damages are accounted for. Since 1985, we have recovered significant sums in settlements and verdicts for our clients, so contact us if you want a legal team to significantly increase your chances of receiving compensation.

We have the skill, experience, and knowledge to withstand whatever the opposition throws at us, and we will not back down until we get you fair compensation. 

What Causes Boating Accidents?

Human error, equipment issues, or environmental factors can cause boating accidents. The following are the common causes of boating accidents:

• Operator Inattention and Inexperience: Boating accidents occur when operators fail to pay attention to their surroundings, other boats, or navigational markers. Also, an unskilled or untrained operator who struggles with handling boats, navigation, and adequately dealing with emergencies can cause an accident.
• Alcohol or Drug Use: Operating a boat under the influence of drugs or alcohol can cause an accident as the operator’s judgment is impaired. Also, they have a slower reaction time and coordination.
• Excessive Speed: Speed kills, whether on land or water. Boat operators who drive too fast in crowded areas with low visibility risk losing control or colliding with other boats or objects.
• Equipment Failure: Mechanical issues, like engine malfunctions or steering failures, can cause an accident.
• Overloading and Improper Loading: If a boat is overloaded or improperly loaded, it can become unstable, causing the vessel to capsize or sink.

In addition to the above, weather conditions, failure to follow navigation rules, lack of safety equipment, and environmental factors like submerged debris and low water levels can cause boating accidents.

Depending on the boating accident’s severity, you can sustain minor to severe injuries. The common injuries that give rise to a boat accident injury claim are:

• Traumatic Brain Injuries (TBI): TBIs can be caused by blunt force trauma to the head during a collision or when passengers are thrown from the boat.
• Spinal Cord Injuries (SCI): SCIs occur from sudden impacts or falls, leading to partial or complete paralysis.
• Broken Bones and Fractures: These occur from getting struck by objects or falling on slippery decks.
• Drowning and Near-Drowning Injuries: Near drowning can lead to hypoxia, and those who cannot swim and are without life jackets can drown.
• Internal Injuries: Blunt trauma from collisions can damage internal organs, leading to bleeding or life-threatening complications.

Other known injuries are lacerations and abrasions, hypothermia, burns, whiplash, and soft tissue injuries. Ensure you get treatment if you sustain any of these wounds, as your medical record is vital evidence when seeking compensation.

Legal Remedies for Injuries Sustained in Boating Accidents

There are several boating accident legal remedies you can explore. We discuss them below.

Personal Injury Claims

The first legal remedy you can explore is a personal injury claim. You can file a boating accident injury claim if negligence played a role in the accident. In this type of claim, you need to establish the elements of negligence, namely:

• The defendant owed you a duty of care.
• The defendant breached the duty of care by behaving negligently.
• The breach was the direct or proximate cause of the accident.
• You suffered damages because of the accident. Damages here cover medical expenses, future medical costs, lost wages, emotional distress, and pain and suffering.

You can file an insurance claim with the at-fault party’s insurance company. If they accept the claim, they will compensate you.  If the insurance company rejects the claim or offers an amount far less than what you’re asking for, you can file a personal injury lawsuit. Our attorneys can help you with filing the suit and will advocate for you during the trial.

If someone dies in a boating accident, the case becomes a wrongful death claim, and you can receive compensation for funeral and burial expenses. We can help you determine your eligibility to file a wrongful death claim. 

Claims Under Maritime Law

Maritime or admiralty law would apply if a boating accident occurred on navigable waters. You can seek compensation under any of the following:

• The Jones Act: To seek boating accident compensation under this law, you must be an injured worker. Under the Jones Act, you can file a claim and receive compensation if your employer was negligent.
• Unseaworthiness Claims: If the boat was unfit and unsafe on the water, you can hold the owner liable under an unseaworthiness claim.

Product Liability Claim

You can file a product liability claim against the boat’s manufacturer, designer, or distributor if a defective part or design defect caused the boating accident. A product liability claim is a type of personal injury claim, so you must demonstrate negligence for a successful case.

Does Comparative Negligence Affect Boating Accident Injury Claims?

Comparative negligence will affect a boating accident claim if there’s evidence of shared fault. As a victim, you can still receive compensation if you were partly liable for the accident if the other party’s fault is more than yours. Your fault percentage must be less than 51% for a valid claim.

Also, although you’ll receive compensation, it will be reduced in accordance with your share of the fault. So, if you were found to be 25% responsible for the accident and the other party was 75% responsible, your compensation would be reduced by 25%. This ensures you are held accountable for your role in the accident.

Note that if the other party’s insurance company or legal team believes you played any role in the accident, they will do all they can to blame you entirely for it. Therefore, ensure you have legal representation when dealing with them and gather enough evidence to show the other party’s liability.

Were You Injured in a Boating Accident? Let Us Help You Seek Compensation!

Don’t let injuries from a boating accident derail your life. Our Terry Bryant Accident & Injury Law team can help you hold the at-fault party accountable. We will ensure all your injuries and damages are accounted for and that you receive enough compensation to help you move forward.

We understand that legal fees can discourage people from seeking counsel, so we offer our services on a contingency fee basis. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free, no-obligation consultation.