As Featured In
Whether used for recreational or commercial purposes, boats are powerful machines that demand skillful handling and close attention to local regulations. Even in perfectly calm weather, it is very easy for a maritime worker or recreational boater in Trinity Bay, Galveston Bay, Burnet Bay, or other bodies of water to be seriously injured or even become the victim of wrongful death.
If you, your spouse, or a family member were hurt in a Houston boating accident, you are urged to contact Queenan Law for a free consultation regarding your possible personal injury claim, workers’ compensation claim, or other matter. Many accidents are caused by high rates of speed, intoxication, operator negligence, or collisions with objects or other vessels. People responsible might include boat operators, owners, or the business that rented the boat. For some, damages are severe, and financial compensation should be substantial. Talk to an attorney about how they can help you soon, as you have a limited time to file your case.
Our dedicated and knowledgeable boat accident lawyers have more than 20 years of experience handling complex claims related to maritime law, including claims under the Jones Act. Call The Queenan Law Firm, P.C. at (817) 476-1797 for your free case review.
Possible Boat Accidents Around the Houston Area
People do not often associate Texas with boating or beaches, but there is plenty of both around Houston. The city is located in southeast Texas on the Gulf Coast. Numerous bodies of water and waterways are popular among locals and tourists for boating. For example, boat accidents have been known to occur off the coast in the Gulf of Mexico or in the numerous bays around the city, like Trinity Bay and Galveston Bay. We should also not rule out accidents in smaller bodies of water like Burnet Bay and Tabbs Bay.
Possible accidents might stem from numerous factors, and the true cause of your accident might not be determined until we can thoroughly review all the details about the crash. However, certain causational factors are more common than others and are definitely worth looking into when our boat accident lawyers begin your case.
One very common factor in boat accidents is speed. People who are unfamiliar with boats often let their guard down on the water. However, just like on the road, speed can be incredibly dangerous on the water. If the water is too rough and choppy, a high rate of speed might be incredibly dangerous. Even if the water is smooth and calm, driving a boat too fast might make it harder to avoid collisions with stationary objects like buoys or jetties.
Unfortunately, a very common factor in many boating accidents, especially during the summer tourist season, is intoxication. Vacationers come to Houston to enjoy the beach and often rent or charter boats. People on vacation often imbibe more than they should, even when operating a boat. If the operator of the boat in your accident was intoxicated, talk to an attorney about how to get fair compensation.
Many other accidents are due to operator negligence. Maybe the operator of the boat was distracted and did not react in time to avoid a collision. Maybe they lacked experience and ran the boat up on rocks or crashed into a pier. Talk to your attorney about the boat operator’s behavior before and during the accident to figure out if their negligence is the cause of the crash.
Boat Accident Statistics on Fatal Crashes
The U.S. Coast Guard publishes statistics on injuries and fatalities caused by recreational boating. According to a recent statistical report prepared by the Coast Guard, there were 4,064 boating accidents reported in 2014, collectively leading to more than 2,670 injuries and, tragically, more than 600 deaths.
According to the same report, “Where data was known, the most common types of vessels involved in reported accidents were open motorboats (47%), personal watercraft (17%), and cabin motorboats (15%).” Additionally, “Where data was known, the vessel types with the highest percentage of deaths were open motorboats (47%), canoes (13%), and kayaks (10%).”
Yet it is not only recreational boaters who are in danger on the water. The following data on industrial ship-related fatalities is sourced from a 2014 report by the Bureau of Labor Statistics:
- Ship and Boat Building Industry – 7 fatalities
- Ship Building and Repairing – 5 fatalities
- Water Transportation Industry – 9 fatalities
- Deep Sea and Coastal Water Transportation – 7 fatalities
- Deep Sea Freight Transportation – 4 fatalities
- Deep Sea Passenger Transportation – 1 fatality
Though some vessels are larger or feature more complex equipment than others, all boats have the potential to run aground, collide with other vessels, or become involved in other types of vehicular accidents on the water. Injuries can also occur on recreational or commercial vessels due to hazards such as:
- Defective Equipment and Machinery
- Defective Safety Gear
- Fatigue
- Inexperience
- Intoxication
- Slip and Fall Accidents
- Unenforced Safety Regulations
People Responsible for Boat Accidents in Houston
Boat accidents can be tricky, especially since accident scenes are difficult to preserve. Important pieces of physical evidence might be swept away by the water, never to be seen again. The boats themselves might sink, and everything about the accident is gone forever. Still, our boat accident attorneys can help you determine whom to hold responsible for the accident so you can get fair compensation.
The Person Operating the Boat
We should definitely look into the person operating the boat. This includes the operator of the boat you were on and the operators of any other boats that were involved in the accident. As said before, boat operator negligence is common. Maybe one of the operators had too much to drink because they were on vacation having fun. Maybe they had no prior experience operating boats and made too many mistakes that caused a serious accident.
Suing the boat operator is sometimes a difficult thing to do because the operator and injured victim know each other. Maybe the boat operator is a good friend or family member, and you were enjoying time on the water together. Alternatively, the negligent boat operator might have been a stranger, someone you hired to charter a boat for a fishing trip or something similar. Whatever happened, talk to your lawyer about it.
The Owner of the Boat
It might also be possible to sue the boat owner if they were not the operator during the accident. Even if the boat’s owner was not present for the accident, they might still be responsible for the accident under certain circumstances. For example, suppose the boat’s owner is a friend of yours who let you borrow the boat for a weekend on the water. Next, suppose your friend told you the boat was in perfect shape when, in reality, it was damaged and needed repair. If your accident resulted from the damage your friend and the boat’s owner withheld from you, you can sue them for the accident.
Another possibility is that the boat’s owner is a boat rental business. Maybe the person in charge of operating the boat was an employee of a rental or charter business. If the accident was caused by operator negligence, you might also sue the operator’s employer.
How to Find Evidence to Support Your Boat Accident Claims in Houston
Finding evidence in boat accident cases can be very difficult depending on how the accident happened and the state of the boat or boats involved. If the boats made it back to shore, you should have the authorities investigate them to see if anything was wrong on board that could have caused the accident. If they sank or were washed away, finding evidence might be harder.
If possible, try to take pictures and videos of the accident. If the accident is a serious emergency, you should focus on getting help first and taking pictures later. If you have the opportunity to take pictures and videos, they might shed light on how the accident happened.
We should also talk to witnesses. If there were other people on the boat, or people on other boats were nearby and stopped to help, their testimony might provide valuable insight into the accident. We should also talk to the coast guard if they came to your rescue, as they might have thorough records of the accident.
If the weather played a role in the accident, we can check weather reports for the date of the boat accident. Bad weather is a frequent factor in boating accidents, but it does not absolve everyone of their responsibility to remain safe.
How Much Compensation is Available for a Boat Accident Victim in Texas?
Depending on the circumstances under which the accident occurred, compensation for various losses and expenses may be available for:
- Survivors of non-fatal boat-related injuries.
- Surviving spouses and/or family members of wrongful death victims who were killed in fatal boating or drowning accidents.
In addition to expenses that have already been incurred, compensation may also be available for expenses and losses that are expected to arise in the future. For instance, a person whose injuries create long-term or permanent disability may be able to get compensated for the reduction in their future earning capacity. To provide some other examples, compensation may be available for:
- Funeral Expenses
- Hospital Admissions
- Lost Benefits
- Lost Earnings (Income/Wages/Salary)
- Medical Devices
- Pain and Suffering
- Permanent Scarring and Disfigurement
- Prosthetic Devices
- Stitches and Sutures
- Surgery
The amount of compensation available to a boating injury victim will depend on the intersection of factors unique to each claim, which is one of the reasons it is so important to review your case with a knowledgeable attorney who can provide you with clear and straightforward answers. Though every case is unique and requires a tailored legal strategy, one factor remains the same: the Houston boat injury lawyers of Queenan Law always fight for the maximum compensation on behalf of our clients.
Common Examples of Boating Injuries in Houston
The attorneys of Queenan Law possess over 20 years of experience handling complex maritime injury claims in Houston, Fort Worth, and Arlington. As experienced personal injury lawyers, we are highly familiar with the causes of boat accidents and complications that can result from serious injuries. Boat-related injuries our law firm handles include:
- Ankle Injuries
- Back Injuries
- Bone Fractures/Broken Bones
- Concussions (Mild TBI, MTBI)
- Crush Injuries
- Cuts/Lacerations
- Dislocation Injuries
- Drowning Accidents
- Ear Injuries/Hearing Loss
- Eye Injuries/Vision Loss
- Facial Injuries
- Foot Injuries
- Hand Injuries
- Hypothermia
- Paralysis
- Soft Tissue Injuries
- Spinal Cord Injuries (SCI)
- Sprain Injuries (Torn Ligaments)
- Strain Injuries (Torn Muscles)
- Submersion Injuries
- Traumatic Amputation Injuries/Loss of Limb
- Traumatic Brain Injuries (TBI)
- Wrist Injuries
What if the Defendant Says I Caused the Boat Accident in Houston?
Accusations that you somehow caused the accident or made your own injuries worse are not an uncommon problem, especially when responsibility for an accident is unclear. The defendant might also have serious injuries and believe that someone else, maybe you, caused the accident.
Maybe the defendant believes that you somehow made your own injuries worse. Maybe they are claiming that you refused to wear a life vest that would have helped you avoid a near-drowning accident. Maybe they say you were drinking and behaving in an unsafe manner on the boat.
In such cases, the laws of proportionate responsibility under Tex. Civ. Prac. & Rem. Code § 33.001 comes into play. According to this rule, a plaintiff cannot recover any damages for their accident if they are determined to be more than 50% responsible for the accident.
According to § 33.003(a), your percentage of responsibility may be determined by the trier of fact, which may be a jury, or a judge in bench trials. The tier of fact may consider negligent omissions or acts, defective or unreasonably dangerous products, and any other activity that violates a legal standard applicable to the case.
Did you do anything wrong or fail to do something you were supposed to? Did you break a rule or code of conduct enforced by law? Were dangerous products involved? Did you supply them or misuse them? Go over all the possible ways you could be responsible with your lawyer. Your attorney can help you refute these allegations so you get the fair compensation you rightly deserve.
Contact Our Houston Boating Injury Lawyers to Discuss Your Claim or Lawsuit
If you or a loved one was injured in a Texas boating accident that you suspect was caused by negligence, recklessness, or a defective boat part or product, please do not hesitate to contact The Queenan Law Firm, P.C. for a free and friendly review of your legal matter. Call our law offices at (817) 476-1797 for a free case evaluation.