Boating Accident Lawyer Houston

ALCOHOL USE

Families, friends, and even people on their own go out on their boats to enjoy time on the water. Many times as part of that enjoyment, alcohol is involved. The mix of sun and alcohol – even if consumption of alcohol does not exceed the lawful blood alcohol content (BAC) limit – can cause impairment. An impaired operator of a boat can be dangerous and lead to serious and deadly accidents. Plus, some situations may lead to criminal charges – intoxicated driving laws in most states apply to all automobiles, and that includes boats with engines.

DISTRACTIONS

When family and friends are having a good time out on a boat, whoever is operating the boat may get distracted. Friends and family, however, are not the only distractions. An operator of a boat may turn their attention to the radio, their electronics, or even things like watching jet skiers or a beautiful sunset. Whatever it is, it is easy enough for an operator to lose focus on the boat and the surroundings to pay attention to something else, and because of that inattention – however momentary it is – can lead to accidents.

DRIVER INEXPERIENCE

Laws vary state to state on what type of experience, if any, an operator of a boat must have. Oftentimes, those requirements depend on the type of boat, too. Operating a boat may seem relatively easy, like driving a car, but there are boat safety matters that may vary from operating a boat compared to operating a vehicle. Knowing the rules and regulations, too, aids a person in the safe operations of a boat. Consider, too, that it is not just you and the boat on the water; there are other boaters, swimmers, jet skiers, and wildlife. Failure to get the right education on boat operations and safety can lead to mistakes that lead to accidents.

FATIGUE

Like operating any vehicle, including a boat, fatigue is a problem for proper and safe boat operation. Fatigue can happen simply from being in the sun, but if you have been in the sun all day and swimming or sunbathing, it can all take a toll. Fatigue and operating anything, from a car to machinery to a boat, is always dangerous.

RECKLESS ACTIONS

Reckless actions by boat operators or passengers can lead to accidents. Recklessness occurs when you do something that you know or should know poses serious risks. Examples of reckless include:

Overloading the boat with too many people
Boating in a swimming area
Using speed that is inappropriate under the circumstances (e.g., visibility restricted)
Using excessive speed in crowded areas
Operating while sleepy or under the influence of drugs or alcohol

SPEEDING

If you have a boat that can go fast, that’s part of the lure and fun of the open water. But speeding is dangerous, even if you are the only boat in a one-mile radius. Like driving, accidents that result from speeding are often more serious and tragic than accidents that occur at lower speeds. The risk of more serious impact or collision is greater.

DEFECTIVE EQUIPMENT

Boats are products. When a product or a product part is defective, it can lead to accidents. To research or report a boat safety defect, visit the U.S. government’s database on boat recalls. Examples of defective boats or defective boat parts can involve any of but are not limited to the following:

Battery chargers
Diving gear
Electrical systems
Engine components
Fishing vessel equipment
Fuel pump cracks
Fuel system line leaks
Navigational equipment (radars, rudders, etc.)
Pilot ladders
Railings
Ship lift or loading equipment
Ship conveyer belt
Throttles
Steering arms
Wenches or winches

EQUIPMENT FAILURE

Boats must be maintained regularly. Failure to stay current on your boat’s maintenance can cause equipment to fail, and depending on what the failure is, an accident could happen. For example, if the steering or engine malfunctions, it could lead to a crash or cause the boat to capsize. Some of the most common equipment failures that require attention include:

Poor battery connection
Twisted fuel line
Overheating engines
Propeller damage
Ignition switch failure

LIABILITY AND COMPENSATION IN TEXAS BOATING ACCIDENTS

As in all personal injury cases, if your injury is caused by another person or entity’s negligence or intentional act, you may be entitled to compensation. Liability in most personal injury cases requires that you show fault, and you do so by satisfying four elements:

The other party owed you a duty of care.
The other party breached that duty of care.
The breach caused your injury.
The injury resulted in monetary damages.
In other cases, where the injury is caused by a defective product, a personal injury claim may be based on the theory of product liability, which often involves strict liability. In these cases, fault does not necessarily need to be proven. The manufacturer, designer, retailer, and others along the supply chain can be held liable in three situations where there exist:

A manufacturing defect
A defective design
Failure to provide adequate warnings or instructions.
If you prove your case, you can be compensated for:

Economic damages, which are things like medical expenses and lost wages
Non-economic damages, which is compensation for things like pain and suffering, mental anguish, or loss of consortium
In rare cases, you could demand punitive damages, but that is very specific to the state where you file your personal injury lawsuit. Thus, knowing what the law states in your jurisdiction will be critical to proving your claim and recovering fair and just compensation.