While operating a boat takes a different skillset compared to driving a motor vehicle, the basic principles are fairly similar. Both drivers and boaters need to stay alert at all times and operate their vehicles with care. Unfortunately, not all boat operators navigate with the care that they should, which can lead to serious accidents and injuries. Even a low-speed collision between two boats can have life-changing repercussions.
If someone else’s reckless or careless boating left you dealing with severe physical, financial, and personal losses, a capable personal injury attorney’s guidance could be vital to getting the justice and compensation you need. Once retained, a San Marcos boat accident lawyer could help you comply with all applicable regulations under state law and pursue the payments you deserve.
HOW TO REPORT A BOATING ACCIDENT
Texas law requires people involved in particularly serious boating accidents to notify the relevant state authorities relatively quickly afterwards. Specifically, under Texas Parks and Wildlife Code §31.105, anyone involved in a boating accident that leads to over $2,000 worth of property damage or physical injury must report the situation to the Parks and Wildlife Department within 30 days. If an accident results in a disappearance or fatality, the reporting deadline is shortened to 48 hours after the collision in question.
Failing to comply with this reporting requirement—or to stop and render aid to boaters in need after an accident, as per Tex Par. & Wil. Code §31.104—can result in substantial repercussions in criminal court. On top of that, failing to report an accident might seriously inhibit an injured person’s ability to demand compensation. Thankfully, a proactive attorney in San Marcos could help with respecting these tight deadlines and keeping a boat accident claim on track.
HOLDING SOMEONE ELSE LIABLE FOR SPECIFIC INJURIES AND LOSSES
Proving someone responsible for causing a boat accident usually means demonstrating that they were negligent. “Negligence” has four components in the context of civil law, all of which must be present for a case to proceed.
First, a plaintiff needs to demonstrate that the defendant owed them a duty of care. In the context of boat accidents, all boaters assume a duty of care the moment they take control of a powered or unpowered vessel.
Second, the plaintiff needs to show that the defendant carelessly, recklessly, or illegally breached their duty of care. Third, the claimant needs to establish a causal link between the breach of duty and the boating accident in question. Finally, the plaintiff must prove their injuries are directly tied to the accident.
A tenacious lawyer in San Marcos understands the nuances of proving fault after a boating accident and could help a plaintiff maximize the potential of their case. Through a carefully crafted civil claim, an injured boater can typically collect compensation for their medical bills, property damage, lost work income, emotional trauma, and more.
TALK TO A SAN MARCOS BOAT ACCIDENT ATTORNEY ABOUT YOUR RECOVERY OPTIONS
Accidents on the water are uniquely dangerous, even compared to high-speed motor vehicle collisions. After a collision like this, making sure the responsible person pays for your losses is essential to protecting your rights and future.
Assistance from a San Marcos boat accident lawyer could make all the difference in your chances of a positive case outcome. Reach out today to get started on filing your claim.