Accident Attorneys In Vessel Insurance Coverage Disputes
Accident Attorneys In Vessel Insurance Coverage Disputes - Whether fishing offshore or enjoying a quiet afternoon on the lake, Texas offers boaters plenty of recreational opportunities. Unfortunately, boating comes with risks. In 2018 alone, the Texas Parks and Wildlife Department reported 271 boating accidents in Texas. The accident resulted in many injuries and more than 60 deaths.
If you or a loved one were injured in a private boat or boat, you may have a claim against the negligent party. Boating accidents can be serious and you may need extensive rehabilitation and long-term care to recover from your injuries. Personal injury attorneys at PMR Law can help you get the compensation you deserve after a boating accident
Accident Attorneys In Vessel Insurance Coverage Disputes
The most common boating accidents in Texas involve boats and personal watercraft such as motor boats, jet skis, and water skis. Injuries and accidents can happen in many ways, including the following:
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Although boating accidents can happen at any time, many are due to operator error or navigation while under the influence of alcohol or drugs. In fact, 85% of all boating trips and boating fatalities are caused by inexperienced drivers who have not completed a boating safety course. Inexperienced boaters may be careless, speeding, or inexperienced in driving in inclement weather. When alcohol and drugs are involved, the consequences can be fatal
If you are injured on a boat, you are entitled to full compensation for your injuries and other damages. However, this can be difficult if the owner or renter falls under the Limited Liability Act (46 US Code, Section 30501 et seq.). This provision limits the owner's liability to the value of the boat after the accident. In other words, if the boat is valued at $50,000 after the accident, the owner cannot owe more than $50,000 in damages.
For the owner to be entitled to the protections of this law, the vessel must be in the United States at the time of the accident. In addition, the shipowner must prove that he had no knowledge of the circumstances that led to the accident. In other words, if negligence causes a dangerous condition on the ship, the owner is only protected under the Liability Limitation Act if he can prove that he had no knowledge of or involvement in the condition.
However, the Shipowners' Liability Limitation Act does not impose an overall limit on injuries and deaths on specific ships. If, after the ship's destruction, the value of the ship cannot cover all costs of personal injury and wrongful death, the calculation is adjusted by the ship's tonnage to $420. For example, if a ship has a gross tonnage of 30,000, the limit of liability increases to $12.6 million.
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United States Code of Federal Statutes No. 46, Section 883 (known as the Jones Act) makes it easier for seafarers to obtain workers' compensation. This law allows onboard workers to be covered by the Employers' Liability Act (FELA), which originally protected railroad workers.
Under the Jones Act, a seafarer's employer can be held liable for damage caused by negligence. Employers are liable for all or part of their injuries caused by the negligence of themselves, their employees, agents or other employees.
This may include faulty equipment or hazardous conditions. The employer can also be held liable if a crew member is injured during a shift (on board).
It is important to note that not all crew members are entitled to compensation for injuries under the Jones Act. Exceptions can be as follows:
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Crew members who are members of the association - If the crew member receives company benefits (instead of a fixed salary as a crew member), the ship owner is not liable for his injuries.
Volunteer Crew Members - If the crew members of the yacht are volunteers and are not paid, the Jones Act does not apply. However, this law applies to paid yacht crew members
These damages may be awarded as part of claims for personal injury, wrongful death or crew survival on board
Please note that if you are more than 12 miles from the US shore, the shipowners' limited liability laws, the Jones Act and other provisions of the United States Law of the Sea apply. If you are within a 12 nautical mile radius, Texas civil and criminal laws apply
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Generally, as with serious injuries, you can recover damages for injuries caused by the negligence, gross negligence, recklessness, or intentional acts of others, particularly where the acts directly violate Texas law. The Texas Marine Safety Act (specifically, the Texas Parks and Wildlife Act, Title 4, Chapter 31, Subchapter D) considers the following acts on the water to be reckless or negligent:
There is an exception to most of these rules when you are attempting to rescue someone who is drowning, falling overboard, or has drowned.
If you were injured on board or aboard a vessel owned by the United States government, you may be able to claim compensation under the Navy Seaman's Claims Act (SIAA). This is just an exception to protect the US government from a lawsuit. The procedure is similar to a private procedure. Some of the most common defendants in SIAA cases include:
We would be honored to have the opportunity to review your potential sea injury case. Call PMR Law today at 832-667-7700 to schedule a free and confidential consultation with a personal injury attorney who will fight tirelessly for your legal rights.
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PMR Law is one of America's top law firms according to Rew Ratings. Many of our lawyers have been recognized as top lawyers by Thomson Reuters. The American Institute of Personal Injury Lawyers ranked our attorneys in the top 10 for client satisfaction. Speaking of personal injury: Lawyers & Practice magazine awarded our attorneys 10 Personal Injury Lawyer Distinctions. Two of our attorneys have been named in the Top 40 Under 40 by the National Trial Lawyers and the American Bar Association. PMR Law is a proud member of the multi-million dollar advocacy forum. The legal team at law firm Imroch & Kilduff have experience representing clients in personal injury matters including car, truck and motorcycle accidents, aircraft accidents, product liability, personal liability, medical malpractice, wrongful death, industrial injuries and more.
Our Richmond personal injury attorneys have served Virginia clients since our law firm was founded in 1970, and our nationwide network of professionals specialize in medical, engineering, aviation, troubleshooting and accident recovery. The law firm's extensive experience supports our lawyers in successfully asserting claims for our clients
For the past five decades we have handled personal injury cases of all types, developing the legal knowledge and skills needed to succeed in and out of the courtroom. If you have been injured by the negligence of another person, company or government agency, contact the law firm of Imroch & Kilduff to see if we can help you.
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If we accept your case, we will work on your behalf and work towards the best possible outcome. Call one of our Richmond personal injury attorneys at (804) 358-1568 or contact us online to discuss your case.
When someone injures our client, we take the time to get to know them, how their injury impacts their life, and how we can arrange appropriate compensation. The insurance company that covers the injured person treats you as number one. We treat you like a human
This method has helped us recover millions of dollars in compensation from our satisfied customers
Below we have listed the areas of personal injury law that we typically practice. However, if you have been involved in an accident or suffered an injury that you do not find in this list, do not hesitate to contact us.
Why You Need Personal Injury Protection Insurance
In the event of an accident, complex liability issues can arise, even if blame appears simple at first glance. For example, if a driver causes an accident, you can be sure that the driver's insurance will cover your damage. However, other parties can share responsibility if the driver
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