What You Must Do After an Accident | Determining Liability after a Water-Related Accident
According to statistics compiled by the federal government, the state of Texas ranks 7th in the nation for the number of private boats on its waterways, with nearly 600,000 recreational vessels traversing its rivers, lakes and other bodies of water. Unfortunately, Texas also ranks in the top ten in the number of boating accidents that occur every year.
What Does Texas Law Require after a Boating Accident?
Under state law, in the aftermath of any accident or collision on Texas waterways, the operators of all vessels involved must stop and:
- Provide any assistance required, unless it would put them, their passengers or their boat/vessel in peril
- Provide all parties to the accident with their name, address and vessel identification number (in writing)
- Report the accident to local officials, so that an official report can be prepared and filed
How Do You Establish Liability in a Boating Accident?
Though you can bring a lawsuit for the intentionally harmful acts of others, as a practical matter, most boating accident injury claims are based on allegations of negligence. To successfully prove negligence in court, you must show that:
- The defendant (person from whom you seek compensation) was not acting as a reasonable person would at the time of the accident
- The failure by the defendant to act reasonably caused an accident
- You suffered actual losses as a result of the accident
The Standard of Care in a Boating Accident
When a person takes the helm of a boat, Jetski, WaveRunner or other type of watercraft, they must use the same level of care while operating it that a reasonable person would. There is, however, no written definition of what that standard of care requires—it will typically be established by a jury, on a case-by-case basis. When making that determination, the jury will try to identify what “an ordinary person of average prudence” would do. The jury may consider a wide range of factors when considering the standard of care:
- Would a reasonable person operate such a boat after having consumed the amount of alcohol the defendant did?
- Would a reasonable person operate a boat at the rate of speed the defendant did, given the circumstances (proximity of others, number of other boats on the water, etc.)
- Would a reasonable person have operated the boat with the same lack of experience the defendant had?
Establishing Cause in a Boating Accident
Once the injured party (plaintiff) shows that the defendant did not meet the standard of care, it must next be proven that the failure to act reasonably caused the accident. That requires a showing of both “actual cause” and “proximate cause.” Actual cause requires that the plaintiff prove that the accident would not have happened had the defendant acted reasonably (so-called “but-for” cause). Proximate cause requires a showing that the accident and/or injuries suffered were reasonably foreseeable as a consequence of the failure to act reasonably.
Actual Losses in a Boating Accident
Even though a plaintiff may show breach of the duty of care, as well as causation, there can be no recovery unless there were “actual losses.” If all of the plaintiffs injuries and losses were covered by insurance or paid for in some other fashion, there is no actual loss.
Contact the Experienced Boating Accident Injury Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we aggressively protect the rights of people who have suffered any type of injury because of the carelessness or negligence of another person or legal entity, including people who have been hurt in any type of boating or marine accident. We’ll fight for you throughout the legal process, working hard to help you get full and fair compensation for all your losses. Contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
