Recreational
boating is a great summer activity enjoyed by many in Austin, TX. However, sometimes
accidents occur.
If you get injured while boating, you need to able to prove that the harm
you suffered resulted from another person’s negligence in order
to recover damages from that individual. In other words, you must show
that someone failed to act with reasonable care, and that, as a result
of that negligence, you sustained an injury.
The following are common boating accidents and how negligence is determined
in each scenario:
-
Collide with another boat - There are many instances where one boat crashes into the other and only
one party is clearly at fault. On the other hand, there are other situations
where both parties share fault.
-
Hit another boat’s wake - When a boat strikes a huge wave, the force of the jolt to the boat can
knock down passengers or knock them out of their seat or overboard. According
to state and federal laws, boat operators must pay attention to the waters
to locate any hazards. In general, the liability of a boater depends on
the wake's size, the boat’s speed, the boat traffic in the area
of the incident, the visibility, and if the operator warned passengers
of the impending wake
-
Collide with a rock, the land, or a submerged object - Despite boating in ideal weather and visibility conditions, water vessels
can still hit a rock or a submerged object. In poor conditions, the accidents
can be devastating. The operator’s liability for a collision with
a fixed object will be based on several factors. For instance, if an operator
drives the boat at high speeds through a thick fog, without navigational
charts or a GPS, and hits a rock, that is considered negligence. If the
operator has charts for the area and travels cautiously before striking
a fixed object, he/she is most likely not going to be found negligent.
- Failure to have proper safety equipment on the vessel - Even though failure
to have the proper safety equipment on board will not lead to an accident,
it can impede the rescue efforts afterward. State and federal boating
laws require all boats to have several types of safety equipment on board,
including life jackets for each passenger, life rings, fire extinguishers,
flares, etc.
Boating accidents can be devastating in nature. Victims can suffer catastrophic
injuries, costly medical bills, and lost wages or earning capacity. In
worst case scenarios, a victim suffers fatal injuries.
If you have been injured in a boating accident in Austin, TX,
request a free consultation with our experienced lawyer at
The Stewart Law Firm, PLLC today.