By: Ricardo A Garcia
Serving Residents in Mcallen, Hidalgo County and all of Texas. We represent clients injured on any body of water including: South Padre Island, Port Isabel, Gulf of Mexico, Laguna Madres, Arroyo Colorado, Anzalduas Park, Flacon Lake, Boca Chica and many others located in and around Austin, San Antonio, and Houston, TX
McAllen boat accident Lawyers at the Law Firm of Ricardo A. Garcia have represented clients across Texas, and the Rio Grand Valley for over 30 years. Ricardo A. Garcia has 1000s of case wins, with numerous lucrative multi million dollar settlements and verdicts. He is an award winning and board certified trial attorney. Some consider him the best in town. Find out for yourself.
Injured In A Boating Accident?
Whether you were injured on a cruise ship, fishing vessel or your own boat. Our legal team at has the experience you need to handle a boat accident claim. We work with investigators, expert witnesses, and accident reconstruction specialists to build a strong case for our clients.
If you or a loved one suffered injuries in a boating accident, get in touch today for a free consultation. We will fight to hold the negligent party responsible, and recover the compensation you need.
Boating Accident Claims & Lawsuits Are Complex
Boating accidents fall under a unique set of laws and regulations. Proving liability is often more complex than in a standard motor vehicle accident. You need an attorney that not only understands personal injury law, but also Maritime law, state and federal regulations.
How Boat Accident Compensation Works
You can recover damages due to pain and suffering, mental anguish damages, lost earning damages or lost wage damages. You’re also entitled to any medical expenses that have been incurred in the past and future as a result of the accident.
Texas law for compensation states you can receive compensation even if you are partially responsible for causing the accident. For a boat accident, it is unlikely that you could have caused the accident if you were a passenger on the boat.
If you were operating the boat when you got hurt, then it would be more likely that the laws of comparative negligence apply to you. If you are found by the insurance company to be more than 50 percent at fault for the accident, you are barred from compensation, but if you are 50 percent or less at fault for the accident, you will be able to receive compensation but it will be reduced by the amount of fault you bear.
For example, a $10,000 compensation reward would turn into $9,000 if you were 10 percent at fault.
Types Of Boating Accidents We Represent
- Boat Collisions: Recreational boat collisions, Jet ski & boat collisions, Fishing boat collisions
- Collisions with Objects: Dock or pier collisions, Underwater object collisions
- Capsizing: Overloading accidents, High-speed turns & reckless driving, Severe weather conditions
- Falling Overboard: Passenger ejections, Slips & falls on deck
- Boating Under the Influence (BUI): Drunk boating crashes, Intoxicated passengers falling overboard
- Mechanical & Equipment Failure: Engine malfunctions, Steering failures, Fuel system leaks & fires
- Propeller Accidents: Propeller strikes, Swimmer injuries
- Wake Accidents: Smaller boats flipping due to large wakes, Passenger injuries from rough wakes
- Jet Ski & Personal Watercraft (PWC) Accidents: High-speed crashes, Wave jumping injuries
- Cruise Ship Accidents: Slip and fall accidents, Onboard medical emergencies, Falling overboard
- Fishing Boat Accidents: Commercial fishing accidents, Charter boat accidents
- Ferry or Water Taxi Accidents: Docking accidents, Overcrowding issues
- Maritime & Offshore Work Accidents: Oil rig & offshore platform accidents, Tugboat & barge accidents
Common Causes of Boating Accidents
We have found that boating accidents often occur due to careless or reckless behavior on the water. These factors include:
- Boating Under the Influence (BUI)
- Excessive Speeding
- Operator Inexperience
- Failure to Maintain a Proper Lookout
- Violating Right-of-Way Rules
- Defective Equipment
Types of Boating Accident Injuries
Boat accidents can cause serious injuries. Even a minor collision can cause major damage due to a limited amount of safety procedures while boating. For example, most of the time you are not going to be wearing a seatbelt like you would if you were injured in a car accident.
The most common injuries from a boat accident include:
- Nerve damage
- Head, neck, and back injuries
- Concussions and contusions
- Cracked ribs
- Spinal cord injury
- Paralysis
- Scarring and disfigurement
- Broken and fractured bones
Who Is Liable For The Boating Accident?
Like a car accident, an accident on a body of water occurs due to a negligent party. All parties involved in the accident will be held to federal and state laws. Enforcement of these laws, rules and regulations are mostly overseen by The TPWD (Texas Park & Wildlife Department) and the U.S. Coast Guard.
Proving Negligence in a Boating Accident: When a boating accident happens on a lake, river or sea, these agencies will investigate and create a report. The initial report will often indicate who was likely at fault. Sometimes, further investigation is needed to determine liability.
Who is at fault? Who will pay for my damages , injuries or pain and suffering? The following items can be used to identify the party:
- Duty of Care – Was the boat operator responsible and following maritime and state boating laws.
- Breach of Duty – Did the boat operator fail to act responsibly? Examples: Not maintaining the boat, Speeding, boating under the influence, or failing to follow rules.
- Causation – Who directly caused the accident with obvious negligence
Do Not Talk To The Liable Insurance Company
The worst thing you can do after your boat accident is agreeing to give the liable party’s insurance company a recorded statement. They will call you shortly after your accident, and try to back you into a corner hoping they can get you to say something that can ruin your chances at maximizing your recovery.
Remember you have no legal obligation to give them any statement of any kind. We suggest you retain and attorney take over communication for you.
Our boat accident attorneys know how to communicate with the insurance companies. We will ensure you are compensated properly, instead of your compensation being reduced or eliminated.
Texas Statute of Limitations For Boating Accidents
Starting from the date of the boat accident, you will have exactly two years to bring your claim or settle it in civil court. If you are late to this deadline, you will be barred from receiving any compensation. Two years may seem like a long time, but time flies!
Keep in mind that representing victims of personal injury cases also takes time. For example we need time to collect and protect your evidence, as well as talk to your witnesses before they forget the fine details of your case.
Hire an attorney as soon as possible!
Call Us Today And Speak With An Attorney That Specializes In Boating Accidents & Injuries.
Please call our McAllen attorneys right away to set up a free case evaluation. We will review the details of your case with you, and explain your options. We will do everything possible to get you the best chance at full and fair compensation. You are a priority and we will be sure to treat as such.
Our Mcallen Law Office Location
Mcallen Office
Address:
820 South Main St., McAllen, Texas 78501
Phone:
(956) 630-2882
Fax:
(956) 630-2882