Texas has in recent times witnessed an increased number of activities in its waterways. From swimming to boat riding to tubing, the economic tides in water activities are booming. More and more boat companies are finding their way into these markets, creating job opportunities for the locals in the process. While these advantages are commendable, the increased activity has led to skyrocketing cases of boat accidents in the waterways of Texas. Due to the injuries and deaths arising from these boat accidents, families have been subjected to immense torture and economic crises as they seek medical treatments for their injured loved ones. This should never be the case if our Texas boat accident lawyers are there to help those who have been injured by the negligence of boat operators.
If you or your loved ones has been a victim of a boat accident in Texas, we understand the pain and agony that is a part of the healing process. It may be due to the severity of physical injuries sustained, or even the amount of property damage that has been incurred. For many, seeking medical treatment for extreme injuries such as spinal cord damage can be financially draining, more so when they have lost their regular source of income. This leaves their loved one’s life at stake. But with the competency of our Texas boat accident lawyers, you can easily file a lawsuit against the negligent boat owners and operators to have them compensate you for all the harm you have suffered.
Can I File A Lawsuit Against A Boat Operator For My Injuries?
If your injuries are as a result of a boat accident in Texas that was caused by the negligence of a boat owner or operator, you can sue that person in a Texas court of law. Normally, boat owners and operators are expected to maintain reasonable standards while carrying out their activities, given that they are responsible for all persons onboard. Furthermore, boat operators owe their passengers an element of care which serves to ensure that their activities do not put their lives at risk in any way. Should they go against these maritime navigation standards, and an accident occurs, the law provides for ways through which the injured can sue them and demand for compensation for their injuries.
Some boat accident victims may argue that filing a lawsuit against boat operators is futile when a third party is to blame for the damage. Contrary to this belief, it does not matter whether you were onboard their vehicle or not. As long as you were wrongfully injured by another party, filing a lawsuit against them should be the on your mind after seeking immediate medical attention. There are other parties that may be liable for your injuries such as:
- The owner or operator of an object you collided with in the waterways
- The manufacturer of the boat
- The seller of the boat and its spare parts
- The owner of the boat
Your case will need to prove an act of negligence or product liability. In both scenarios, you will require a legal counsel to ensure that nothing is left to chance in your quest for compensation. Nobody does it better than our Texas boat accident lawyer.
How Will I Prove Liability and Sue Them for My Boat Accident Injuries?
There are many ways you can prove liability in a personal injury case such as a boat accident. Your Texas boat accident lawyers will help you receive compensation by proving one of two major factors: product liability or negligence. Here is a brief look at each cause of action:
Negligence typically showcases the inability of the boat operator to act responsibly in their operations. In this case, they subvert the existing navigation rules that govern how they ought to carry out their activities, while at the same time watching out for the safety of those under their care, as well and other people on the water. For instance, they might have been under the influence of alcohol, sped too fast, or even failed to be on the lookout of other vessels. All of these potential factors, together with other negligent behaviors must be properly addressed to prove your case and increase the probability of receiving compensation.
Our Texas boat accident lawyer will help convince the jury that:
- The boat operator owed you duty as you were under their care
- The boat operator breached that duty
- The failure to uphold the duty resulted in your injuries
- The injuries sustained can be made up for in monetary terms
Of all the above-mentioned, the most difficult to prove is that the boat operator breached their duty towards you, and that it resulted in your injuries. The defendant’s lawyers will retort that their client could not do anything to stop the accident from happening, therefore relieving him of his obligation to pay. Additionally, no defendant will easily accept fault. This is why you are advised to seek legal help from qualified Texas boat accident lawyer to assist you in seeking justice.
The other possible way of getting compensated in a boat accident lawsuit in Texas is by proving that the boat or one of its parts were defective. If this is the case, there are three or more parties that can be sued: the manufacturer, the distributor, the seller, or any other party that was involved in the supply chain from the manufacturer to the consumer.
Defects may be in terms of unsafe boat design which makes it unable to float conveniently, or having malfunctioning parts such as propellers. If you feel that the boat was defective in any way, hiring a Texas boat accident lawyer will enable you to gain access to important documents such as police and safety reports.
Do You Have Any Questions About Filing A Boat Accident Lawsuit In Texas?
Filing a boat accident lawsuit can be challenging given the wide scope of legal procedures that a victim must fulfill to ensure that their case sees justice, and that they receive the maximum compensation. We are happy to help victims seek justice, and we advise victims on the best and effective ways of approaching a boat accident case. Call our office today for a free consultation.