Are boating accidents a serious issue in Texas?
Boating is a popular sport in Texas with close to 600,000 registered boats filling the Texas waterways. In 2008, there were 271 boating accidents resulting in 61 fatalities and 173 serious injuries.
The primary causes of maritime accidents include: operator inattention, inexperience, excessive speed and alcohol use. The probability of being killed in a boating accident doubles when alcohol is involved.
Does the law treat boating accidents the same as car accidents?
Yes and no. Like other personal injury claims, the victims of marine accidents can pursue compensation if it can be established that the accident causing their injury was the result of another person’s negligence or wrongdoing. However, some boating accident claims involve the more complex area of maritime law. For this reason, consulting an experienced boating accident attorney is essential if you or a loved one has been injured.
The boating accident lawyer at the Wyly Law Firm has the experience required to provide you with excellent, knowledgeable representation. Located in Houston Texas, The Wyly Law Firm serves boating accident clients in Harris County, Beaumont, Baytown, Galveston, Pasadena and Houston and the surrounding area.
Are there Boater Education requirements in the state of Texas?
Anyone under the age of 18 must complete a Texas Parks and Wildlife-approved course and be certified with TPWD to operate any vessel over 10 horsepower, any wind-blown vessel over 14 feet, and all personal watercraft.
Although adults over the age of 18 are not required to have completed a boating safety course to operate any type of watercraft, the courses are strongly encouraged to keep you and your passenger's safe while in the water. Courts do have the authority to require a boater education course for violators of certain offenses such as BWI.
Can I recover for my injuries even if I was out in the middle of a Texas lake when the accident happened?
Regardless of whether your accident occurred on the water or at the dock you are still entitled to seek compensation for you injuries. In most cases, Texas law affords the victims of boating injuries the same rights to compensation as victims of other accidents, such as car wrecks or industrial accidents. But because maritime law sometimes governs boating accidents, an attorney with a particular skill set is required to effectively represent these cases.
The operator of the other boat that hit me had been drinking. Does that make any difference?
Just as drivers can be held civilly liable for causing an accident by driving while intoxicated, boaters can be held responsible in civil cases for operating a watercraft after drinking or using drugs. These types of injury cases are very similar to DWI cases involving automobile injuries.
BWI, or boating while intoxicated, requires proof of intoxication using either field sobriety tests or a breathalyzer just as when driving a car. The "open container" law does not apply to boating, but while passengers are free to legally drink on board a boat, the driver must still remain sober while driving the boat.
If you or a loved one has been hurt in a boating accident, don’t delay. The boat accident attorneys at the Wyly Law Firm are ready to provide you with excellent legal representation. We have the experience and knowledge necessary to help you seek the compensation you deserve. Call the boat accident attorney today at 713.574.7034 or use our online contact form.
Are there special laws that apply to commercial boating accidents?
Yes. Some boating accidents involving merchant seamen, sailors and other offshore workers are covered by a federal statue known as the Jones Act. These cases are governed by different rules than most other personal injury claims involving boating accidents.
The Merchant Marine Act of 1920, most commonly referred to as the Jones Act, was established to support the U.S. merchant marine industry as well as to protect the health and livelihood of the employees. A Jones Act claim can be filed if the sailor can prove negligence or fault on the part of the vessel’s owners, operators or fellow employees as well as proving they were injured because the ship was unseaworthy.
Do I have any deadlines for filing my boating accident claim?
Like other personal injury cases in Texas, the statute of limitations for most boating injuries is two years. This means that civil claims for compensation must be filed within two years of the date a boating accident occurs, in most cases. But to increase your chances of a successful claim, it is important to consult with a qualified boating accident lawyer as soon as possible after an accident occurs.
If you have been injured in a boating accident, the boat accident lawyer at the Wyly Law Firm is here to help you. We have the experience and familiarity with maritime laws necessary to help you pursue a successful claim. We will fight for you to receive the compensation you need and deserve. Call us today at 713.574.7034 or use our online contact form.
