When operated recklessly or carelessly, water vessels can be extremely dangerous not only to nearby boaters, but also to the person acting negligently and all their passengers. If a day out on the water ended in serious injuries due to someone else’s misconduct, that party’s irresponsible actions could serve as grounds for financial recovery through civil litigation.
However, pursuing this type of claim alone can be a very difficult endeavor. Retaining a seasoned Baytown boat accident lawyer could be a crucial first step towards effectively enforcing your rights. Get in touch with the experienced personal injury attorneys at the Kirk Law Firm, PLLC to seek the compensation you deserve for your losses.
Establishing Fault for a Boat Accident
Whether on land or water, a person operating a motor vehicle around other people has a legal duty to obey all applicable laws, watch out for obstacles, and generally react in a responsible manner to anything they encounter while in motion. Accordingly, like with car crash claims, any boater who causes an avoidable accident or injury by failing to meet this basic duty could bear financial accountability for any subsequent losses.
That said, individual boaters are not always the sole parties at fault for incidents of this nature. In some cases, a boat rental company may bear liability for the negligent actions of an employee. For example, if an employee rented a boat to someone not properly licensed to operate a personal watercraft, or if they failed to ensure a vessel was in safe working order before renting it out. Likewise, a boating injury that stems from a mechanical defect could place blame on the company that manufactured and/or sold the vessel in an unsafe condition.
It is also worth noting that injured plaintiffs in boat accident claims may be found partly to blame for their own damages if they are found to have responsibility for the incident. As our knowledgeable Baytown boat collision attorneys could explain, a court that assigns a percentage of “comparative fault” to a person based on such negligence could then reduce the value of their financial award by the same proportion, or even bar them from recovery altogether.
Recoverable Damages Through Successful Litigation
A comprehensive lawsuit or settlement demand following a serious boat crash could demand restitution for all economic and non-economic repercussions of accident-related injuries, including both past and future losses like:
- Medical expenses
- Vessel repair/replacement costs
- Short-term income losses during injury recovery
- Lost future earning capacity
- Lost enjoyment of life
- Physical and psychological suffering
However, any such claim must be filed no later than two years after the accident in question first occurred in accordance with Texas Civil Practice and Remedies Code §16.003, with virtually no exceptions. Our boat injury lawyers in Baytown could provide irreplaceable assistance with building a thorough and compelling claim within the filing deadline.
Reach Out to a Baytown Boat Accident Attorney Now
While operating a boat is a very different experience from driving a car, there is no difference in terms of the duty of care each driver is required to follow under state law. Anyone who causes harm directly through a failure to meet these expectations could be liable for any injuries sustained—but only if you, as the injured person, can prove them accountable through legal action.
An accomplished Baytown boat accident lawyer at our firm could work diligently throughout each stage of your case to obtain fair and comprehensive compensation for your losses. Call Kirk Law Firm, PLLC now to get started.