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August 19, 2022

Dallas Boating Accident Lawyer

There’s nothing more enjoyable than being on the lake in the summer. Dallas temperatures rise to sweltering levels from May to August, and a boat day is refreshing and relaxing. However, no one expects for their water festivities to end in injury. Unfortunately, when people don’t prioritize safety, injury accidents can occur.

If you’ve been injured on a boat in Dallas and you believe someone else was at fault for the accident, you can sue the responsible party for any damages you’ve suffered. A Dallas boating accident lawyer from Crain Brogdon, LLP. will work with you to gather evidence on your case and prove negligence.

Why Choose Us as Your Boating Accident Lawyers?

WE HAVE ACHIEVED OUTSTANDING ACCOLADES AND ACCOMPLISHMENTS.

Crain Brogdon, LLP. is a law firm made up of award-winning attorneys who excel in their fields of legal specialty. We have won $355 million in settlements and jury awards on behalf of our clients since the firm’s founding in 2001. Those millions of dollars helped injured clients and their families put their lives back together after tragedies.

Attorney Quentin Brogdon has more than 30 years of experience as a trial lawyer and is board certified in both personal injury trial law and civil trial advocacy. He has served as President of the Texas Trial Lawyers Association, President of the Dallas Chapter of the American Board of Trial Advocates, and President of the Dallas Trial Lawyers Association among many other leading roles in his field. He has been named Top 100 Super Lawyers by Texas Monthly magazine and was chosen as one of the Best Lawyers in Dallas by D Magazine.

There are few attorneys in Dallas as skilled and experienced as our legal team at Crain Brogdon, LLP. We have achieved outstanding case results, and we provide top-notch client service. We understand that being injured in an accident can have life-altering consequences. Our legal team is compassionate, professional, and willing to go the extra mile to get the justice you deserve.

The attorneys at Crain Brogdon, LLP have led numerous major legal associations as president or influential board members.

Our attorneys will gather evidence, conduct crash site investigations, review police reports, interview witnesses who saw the collision, and even hire expert witnesses if needed to build a strong legal case on your behalf. We’ll leave no stone unturned in fighting for your rights. Let us do the legal heavy lifting while you focus on recovering and getting your life back to normal. After all, that’s why you hired us. We will focus on the law and the courts, while you focus on your family, your job, your home, and your health.

Proving Negligence in a Boat Accident Lawsuit

To win a boat accident lawsuit, your attorney must prove that the defendant was negligent and showed disregard for other people’s safety. To prove negligence in an injury case, you must prove four elements:

  1. Duty
  2. Breach
  3. Causation
  4. Damages

In a personal injury case, “negligence” refers to one party’s (or multiple parties’) careless behavior that results in harm to another party. This means the careless person or entitles are legally liable for the injuries suffered by the victim. Most legal disputes use this method in personal injury cases to determine fault.

Duty

A boat owner and/or driver owes passengers and other people on the water a legal “duty of care” to operate the boat in a safe and reasonable manner. If the owner or driver fail in this duty, they can be held liable for an injuries that occur.

Breach

Your Dallas boating accident lawyer must show that the defendant breached this duty by taking, or failing to take, actions that a reasonably prudent person would have taken under similar circumstances. The reasonable person standard is central to negligence cases and is used to determine the degree of fault of the boat owner/driver regarding the safety of others.

Causation

Your Dallas boating accident attorney must show that a boat operator’s carelessness and disregard for safety caused your injuries. It’s not enough to simply show that the boat driver was reckless, foolish or drinking alcohol – you must show that your injuries were a direct result of that person’s behavior.

Damages

Finally, your Dallas boating accident lawyer must show that you suffered monetary damages (medical bills, lost earnings, etc.) because of your accident injuries, and there’s a monetary way of compensating you for your injuries.

Modified Comparative Negligence Laws in Texas

Texas is a fault state, which means the person responsible for injuring others is also the one financially responsible for their recovery. There may be one person at fault – like the boat driver or owner – or there could be several guilty parties, such as the driver, the boat maintenance provider, the boat manufacturer, and even the local or state agency responsible for maintaining the lake or waterway.

In calculating damages/compensation, Texas uses a modified comparative negligence formula (also known as “proportionate responsibility”). This means that if you are found partially at fault for causing the injury accident, then your damages can be reduced proportionately. For example, if you were joking with and distracting the boat driver when he collided with another water vessel causing injuries to his passengers, then the court might find that you were 15% responsible for the accident and the boat driver was 85% responsible. If the total payout awarded was $300,000, then the amount you receive would be reduced by 15% (you would receive $255,000). As long as you are not more than 50% at fault for the boating accident, you are eligible to collect damages if your case is successful.

But if you are more than 50% at fault for the boat collision or mishap, you will no longer be able to seek compensation for your losses. A Dallas boating accident lawyer may be able to estimate what percentage of blame you carry, if any, and how your claim will be affected based on this liability.

We aren’t afraid to handle the tough cases with no clear answers. Even if you think you might share fault for an accident, we are willing to fight for your rights.

Common Causes of Boating Accidents

Although boating accidents can occur for various reasons, they often happen because of human error. Reasons the driver/owner of a water vessel can cause a Dallas boating accident include:

  • not being properly trained to operate the boat
  • boating while intoxicated
  • driving the boat while distracted
  • speeding
  • recklessly maneuvering the boat
  • leaving clutter, dangerous chemicals, or other potential hazards on the boat
  • causing a fire on the boat
  • improper lookout
  • colliding with another water vessel, land, or debris in the water
  • failing to properly maintenance the boat

The actions above represent negligence on the part of the boat operator/owner. Negligence can, and often does, have fatal results.

A boating accident can also occur because of defective boat parts. This type of accident may involve negligence on behalf of the boat manufacturer or the boating repair company. Your boating accident lawyer in Dallas will investigate your case and gather evidence such as video footage and witness testimonies to determine who’s at fault for causing your wreck.

Boat Accidents FAQs

A DALLAS BOATING ACCIDENT LAWYER IS HAPPY TO ANSWER YOUR QUESTIONS

Our Dallas boating accident lawyers work with many clients who have been injured in accidents. Following are answers to some of the most commonly asked questions.

HOW MANY PEOPLE DIE IN BOAT ACCIDENTS EVERY YEAR?

A: There were 767 boating fatalities nationwide in 2020. The number of non-fatal injury victims was 3,191.

ARE YOUR DALLAS BOATING ACCIDENT LAWYERS EASY TO COMMUNICATE WITH?

A: All clients have our cell phone numbers, and we encourage them to call whenever they have questions or need guidance. Our clients become friends. We treat every case as if it were a family member’s case.

DOES DRINKING ALCOHOL INCREASE THE LIKELIHOOD OF BOATING ACCIDENTS?

A: Alcohol is the leading contributing factor to boating accidents and fatalities, accounting for 18% of all boating deaths in 2020.

WHAT IS THE LEADING CAUSE OF DEATH IN BOATING ACCIDENTS?

A: Drowning accounts for 75% of all fatalities in boat accidents. However, the reason why the person drowned could have contributing factors such as head trauma, slip and fall, or catastrophic injury due to a boat collision or capsized boat.

WILL I MEET WITH AN EXPERIENCED ATTORNEY OR JUST A JUNIOR STAFF MEMBER?

A: At Crain Brogdon LLP, we provide high-level legal services that include meeting with senior-level attorneys. Unlike huge, multi-state and national law firms, you will get our full and immediate attention rather than being jettisoned onto a junior staffer.

We understand that when you’ve been injured, a hundred questions swirl in your mind. The legal system seems so complicated and overwhelming. But don’t despair, a Dallas boating accident lawyer at our firm is always happy to answer your questions and provide guidance. For a free initial consultation about your case, call us at 214-522-9404.

Types of Dallas Boating Accident Injuries

OUR SKILLED BOATING ACCIDENT ATTORNEYS IN DALLAS UNDERSTAND YOUR PAIN.

Boating accident injuries can be severe and sometimes life-altering. When an accident involves water, the risk for injury becomes higher. A victim ejected from a car during a crash may suffer broken bones but if they’re ejected from a boat and lose consciousness under water, they can suffer a traumatic brain injury from lack of oxygen or drown.

When someone else’s negligence results in a severe injury, they should have to pay for the damage. Although money may not heal you right away, a settlement can help you get the best treatment available. Other types of Dallas boat accident injuries include:

  • Neck and spine injuries
  • Cuts, lacerations, and puncture wounds
  • Internal bleeding
  • Burns
  • Scarring and disfigurement
  • Loss of sight or hearing
  • Paralysis

If you’ve been injured, you don’t have to go it alone. Research shows that victims represented by skilled attorneys receive significantly higher payouts in lawsuits than do victims who try to represent themselves in legal proceedings.

A Dallas Boating Accident Lawyer Will Fight for Compensation

HOW MUCH CAN I GET FOR MY DALLAS BOATING ACCIDENT INJURY?

Your Dallas boating accident attorney will help you maximize your claim once you’ve identified all liable parties in your accident. The key to increasing your settlement is to make note of all the damages you’ve suffered and include these in your claim value. You should account for both financial losses and ways in which the accident has diminished your overall lifestyle.

Financial losses, known as economic damages, include medical expenses and lost income among other things. Intangible effects to your lifestyle, known as non-economic damages, may include pain and suffering and loss of enjoyment of life.

There is no “average” payout for a boating accident injury because every case is different, and the amount of compensation for your case depends on several factors, including:

  • The severity of your injuries
  • Cost of medical care now and in the future
  • Amount of time off work
  • Number of defendants
  • Amount of property damage
  • Whether punitive damages are imposed to punish the defendant(s)

The best way to find out what your case might be worth is to talk directly to a Dallas boating accident lawyer. Following are the type of compensation you may be entitled to:

Economic Damages

  • Hospital, doctor, and medical bills now and in the future
  • Lost wages
  • Loss of future earnings
  • Property damage including your boat (if you’re the owner) and personal items

Non-Economic Damages

  • Pain and suffering
  • Loss of enjoyment of life
  • Mental anguish and emotional distress
  • PTSD
  • Loss of consortium
  • Scarring and disfigurement

Occasionally, a judge can also impose “punitive damages” over and above the economic and non-economic damages. Punitive damages are designed to punish the defendant for their egregious disregard for the safety of others and send a warning to others who may behave similarly. To find out what your case may be worth, call us at 214-522-9404.

Our firm has won more than $355 million for clients. Recognized by our peers as leaders in the legal field, we are routinely asked to provide media analysis across the country.

Boating Accident Statistics in the U.S.

There were 767 boating fatalities nationwide in 2020, a 25.1% increase over 2019 figures, according to the U.S. Coast Guard’s 2020 Recreational Boating Statistics Report. From 2019 to 2020, the total number of boating accidents increased 26.3% (4,168 to 5,265), and the number of non-fatal injury victims increased 24.7% (2,559 to 3,191).

Alcohol use was the leading known contributing factor in fatal boating accidents in 2020, accounting for more than 100 deaths — 18% of total fatalities. Property damage totaled roughly $62.5 million. Operator inattention or inexperience, improper lookout, excessive speed, and machinery failure ranked as the top primary contributing factors in these accidents.

Where the cause of death was known, 75% of fatal boating accident victims drowned. Of those drowning victims with reported life jacket usage, 86% were not wearing a life jacket, according to Coast Guard records.

The most common vessel types involved in boating accidents were open motorboats, personal watercraft, and cabin motorboats. Vessels with the highest percentage of deaths were open motorboats (50%), kayaks (15%), and pontoons (9%).

Statute of Limitations for Filing a Dallas Boating Accident Lawsuit

Have you suffered injuries in an accident while out on the water in Dallas? If so, you may have grounds for a lawsuit. The statute of limitations for personal injury claims in Texas is two years (Texas Civil Practice & Remedies Code section 16.003). The clock begins running on the date of the boating accident, or from the date you were diagnosed with injuries caused by the accident. If you miss the two-year window to file a claim, a court can dismiss your case. So don’t delay if you’ve been injured while on the water. A boating accident attorney in Dallas can investigate your case and determine whom to sue.

Contact Our Skilled Boating Accident Lawyers in Dallas Today

Filing a lawsuit in Dallas can feel overwhelming if you’ve never taken legal action before. Courtrooms and clerk’s offices can be intimidating unless you have a skilled and experienced lawyer by your side. We understand that it’s difficult to endure your injuries and face a monolithic legal system at the same time. That’s why we treat clients like family and look out for their physical and emotional well-being as we walk through the legal process together. Our attorneys have decades of legal experience and will advise you at every turn. We are always on hand to take your calls and answer your questions, so you don’t ever have to feel alone. If you’re ready to discuss your case with a Dallas personal injury lawyer at Crain Brogdon, LLP fill out the contact form below or call 214-522-9404 to schedule a no-obligation consultation.

Attorney Quentin Brogdon

Attorney Quentin BrogdonQuentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]