TEXAS LAW ALERT

Fall 2007

A BOATING ACCIDENT CAN RUIN A SUNNY DAY

             Texans love their boats and jet skis. At last count, Texas had over 600,000 registered watercraft (!) that are used on the largest volume of inland water anywhere in the United States. With all of these boats on all of these lakes and rivers (not to mention the Gulf), accidents are not uncommon.

             Boating accidents can involve collisions between boats and between boats and personal watercraft, collisions between boats and obstructions such as rocks and tree trunks, and boats that capsize and trap people underneath. However, the most common type of boating‑related injury occurs when people fall off of a boat. The injuries caused by boating accidents are as serious as any that occur on land, and they include everything from broken bones and knee injuries all the way up to serious brain injuries and drowning.

             According to the Texas Parks and Wildlife Department, Texas averages about 150 serious injuries and about 50 deaths every year in boating accidents. The typical boating death involves:

1.             an open motorboat;

2.             people boating between noon and 7 p.m. on a weekend;

3.             the victim falling overboard; and

4.             an operator between 26 and 50 years of age.

             Many boating accidents also involve the overuse of alcohol—statistics show that alcohol is a factor in about half of all boating accidents, and that the use of alcohol while boating more than doubles the risk of having an accident.

             The number one thing you can do to protect yourself when boating is to wear a life jacket. Like wearing your seatbelt, the use of a life jacket takes little time or effort but significantly increases your chances of surviving an accident, especially if you fall into the water. In fact, over 85% of the victims of boating accidents who drown are not wearing a life jacket at the time. Be sure to wear your life jacket even if you are a good swimmer, because even a good swimmer can get tired, suffer from a cramp, or be caught in an unexpectedly strong current.

             Look for one that is approved by the Coast Guard, and do not rely on water wings, inner tubes, or other inflatable toys. The life jacket you choose should have the appropriate rating for a person of your size. A life jacket that is too small will not support you and one that is too big may slip off unexpectedly. Carry a few extras, in case someone falls in while not wearing one or in case you come upon someone from another boat who does not have one on.

             Remember: The law requires that all children younger than 13 years old wear a life jacket at all times when the boat that they are on is moving. Make sure that they have life jackets sized for their smaller bodies. It is also a good idea to carry other kinds of gear that will allow you to help someone who has fallen into the water, such as spare ropes and a first‑aid kit.

             The other major thing you can do to prevent boating accidents is to control the use of alcohol. Many people who would never drink and drive think nothing of having a few drinks and then taking their boat out for a spin. The fact is that boating while intoxicated (BWI) is a crime just like driving while intoxicated, and the same blood‑alcohol level of 0.08 means that you will be presumed to be an impaired boater. If you are caught BWI, you can be arrested, jailed, and even lose your driver's license.

             If you are involved in a boating accident, it is a good idea to report it to the Texas Parks and Wildlife Department or (if the accident occurs in coastal waters) to the Coast Guard. If you have been injured in a boating accident through the negligence or carelessness of another, you might be entitled to be compensated for your injuries. The facts of each case will differ, and you will need to speak with an experienced lawyer to determine whether you have a claim and, if so, how much that claim may be worth.

 

 

 

BOATING SAFETY CHECKLIST

•                Make certain you know how to safely operate the watercraft you are piloting. Consider taking a boating safety class.

•                Make sure that your watercraft is well cared for and in good mechanical shape before taking it out on the water.

•                Always wear a life jacket, and remember that children under the age of 13 are required to wear a Coast Guard‑approved life jacket while underway.

•                Carry extra flotation devices in case you need to perform a water rescue.

•                Follow the same rules that you would while driving your car: Operate the watercraft at a safe speed, do not overload it, and do not use alcohol. Boating while intoxicated is a crime that is treated in much the same way as driving while intoxicated, and it carries similar penalties.

•                Keep a sharp lookout for submerged objects, other boaters, and, especially, personal watercraft such as jet skis.

 

 

 

INSURERS PLAY HARDBALL

             Month after month, you pay hundreds of dollars in insurance premiums, expecting that if you have an accident your insurer will cover the bill. Unfortunately, this expectation all too often goes unmet because insurers play hardball in accident claims.

             For the past decade or more, many insurers (including Allstate and State Farm) have taken a tough stance on paying so‑called “soft‑tissue” claims—those claims where the injury does not show up on X‑rays, such as whiplash. This stance is sometimes called the “Three Ds”: Deny the claim, delay the settlement, and defend in court.

             So why the tough stand? The answer is simple: MONEY. For every dollar not paid out in claims, the insurer makes another dollar in profit. The fact that its insured gets dragged into court on a relatively minor claim does not seem to bother the insurance company, nor does the fact that an injured person goes uncompensated.

             Despite paying less and less in claims, premiums continue to rise. Why? Again, the insurers have done a good job of convincing people that liars and cheats who make false or inflated claims are actually costing them millions of dollars a year. This is also part of their strategy: Make the victims look as though they are trying to defraud the insurers, and make the lawyers who represent the victims look greedy.

             The sad truth of the matter is that, as long as people let insurers get away with this strategy, insurers will continue to use it. The only hope is that when enough people have been treated unfairly, we won't put up with it anymore.

 

 

 

HOME LOANS AND PREDATORY LENDERS

             We shop around for the best deals on the food we eat, the clothes we wear, and the cars we drive. So why do many people not shop around for the best deal on the largest expense they will ever incur—their mortgage? The answer is that many people are taken in by the high‑pressure tactics of predatory lenders.

             Who are predatory lenders? They are lenders more concerned about making a buck than finding the right mortgage for you. Their lack of concern for the welfare of borrowers can cause all kinds of harm:

•                They convince people to buy more home than they can afford through the use of pressure tactics and “teaser” rates;

•                They sell properties for more than they are worth by using false appraisals; and

•                They charge exorbitant rates for services that they do not provide or that are not necessary.