Boating Accidents Attorney in Austin, Texas

Boating can be a wonderful way to relax and experience the outdoors, but operating or riding in a boat can be a dangerous activity. This is evident from a large number of boating accidents in Texas. According to statistics from Texas Parks and Wildlife, more than 4,100 boating accidents were reported to the Coast Guard in 2019 alone, resulting in more than 2,500 injuries and over 600 fatalities.

When a boat is not maintained properly or the boat operator drives the boat in a negligent or reckless manner, serious boating accidents can occur. At Rodman Law Office, I work to help boating accident victims seek fair compensation and hold liable parties accountable for their actions. I assist victims of boating accidents in Austin, Texas, and across the state, including Travis, Hays, and Williamson counties.

Texas Boating Accidents

Any type of boat can potentially be involved in a boating accident in Texas. Vessels that may end up in a boating accident include:

1. Human-powered boats, including kayaks and canoes

2. Motor-powered boats, including yachts, fishing boats, ski boats, and other boats powered by a motor

3. Wind-powered vessels include sailboats or any boats driven by the wind

Some of the most common examples of boating accidents that occur in Texas waters are:

• Capsizing

• Collisions with buoys, docks, and other fixed objects

• Sinking

• Flooding

• Collisions with another watercraft

• Propeller strike events

• Falling overboard

• Fires or explosions

• Jet ski accidents

• Commercial boating accidents

• Drownings

As a knowledgeable and experienced boating accident attorney in Austin, Texas, I assist people who get injured or lose their loved ones in a wide range of different accidents involving boats. I handle every aspect of the claims process so that the injured party can focus on their medical treatment. I work toward negotiating a fair amount of compensation on behalf of my clients and ensure that their rights are protected.

Liability for Boating Accidents

Each case is unique, which is why responsibility for a boating accident depends on the circumstances of the accident. Liability also depends on the at-fault party’s status on the vessel (operator, owner, or employee) and where the accident occurred. Parties that may be held liable for a boating accident include:

• The owner of the boat

• The operator of the boat

• The manufacturer of the vessel

• The dock owner

• The rental company

• A passenger aboard the vessel

Under federal and state law, boat owners and operators have a legal duty to ensure the safety of their passengers and crew members. For a boat owner, it means maintaining the vessel in good condition. For boat operators, it means operating the vessel in a safe and reasonable manner. A consultation with a knowledgeable attorney is necessary to determine liability based on the specifics of the incident.

Laws Regarding Boating Accidents

There are federal, state, and international laws in place that govern boating accidents. Determining which laws should govern your particular boat accident can be difficult. Federal laws that may apply to a boating accident in Texas include:

• The Jones Act

• The Outer Continental Shelf Lands Act

• The Death on the High Seas Act

• The Division of Longshore and Harbor Workers’ Compensation Act

• The Oil Pollution Act

The laws that apply to a boating accident depend on the circumstances of the case. Most of the laws that govern boat accidents on a state level in Texas are found in the Texas Water Safety Act.

Proving Negligence After a

Boating Accident

A victim of a boating accident may be entitled to compensation to recover damages for their injuries, damage, or losses. However, an injured victim must prove the other party’s negligence in order to obtain fair compensation. The vast majority of personal injury claims arising from boating accidents are based on the theory of “negligence.”

A boater can be held responsible for a boating accident if they fail to operate the vessel in a reasonable manner. Proving negligence requires establishing the following elements:

1. Duty of care

2. Beach of the duty

3. Causation (the breach caused the boating accident)

4. Damages (the victim suffered damages as a result of the breach)

If you can prove the other party’s negligence in a boating accident, you can be entitled to compensation for your medical expenses, loss of income, disability, suffering, and other losses. A knowledgeable boating accident attorney can help you build a strong case to prove the other party’s negligence and pursue the compensation you need.