Accidents are a broad category of incidents that may result in personal injuries or property damage. Personal injury refers to an injury to a person’s body—also known as bodily injury—or to their mind or emotional well-being—also referred to as emotional distress. Property damage refers to damage to any kind of real property (real estate) or personal property (all property that is not real estate).
Accidents usually refer to incidents caused by someone else’s negligence rather than by their intentional act. Claims for personal injuries or property damage resulting from an accident or negligent act of another person or entity may create legal liability if the person injured in the accident can prove another person or entity breached their duty of ordinary care in the activity that led to the accident (driving a boat or other watercraft, for example) and that negligence or breach of the duty of ordinary care caused personal injuries or property damage to the claimant.
Legal claims for personal injuries and property damage resulting from accidents are primarily a matter of state law and may be located (1) in the state’s court opinions—also known as cases, case law, or common law—such as for the elements of a negligence claim; or (2) in the state’s statutes when the state legislature has defined the standards for the safe operation of boats and other watercraft on public waterways—such as statutes that prohibit the operation of a boat or watercraft without a license or while intoxicated.
If the operator of a boat or other watercraft violates a statute by speeding, failing to yield a right of way, or operating a boat or watercraft under the influence of alcohol or drugs (BUI/BWI), for example, and the violation of the statute is the primary (proximate) cause of another person’s personal injuries or property damage, the mere violation of the statute may be negligence—known as negligence per se (pronounced “Pur-say”).
In that case, the person or persons who suffered personal injuries or property damage may not have to prove the boat or watercraft operator was negligent in any other way to prove the operator’s liability for the accident.
In Texas, accidents that result in personal injuries or property damage due to someone else's negligence can lead to legal liability. To establish liability, the injured party must demonstrate that the other person or entity failed to exercise ordinary care, which caused the accident. This is often rooted in common law as well as state statutes, such as those governing the operation of boats and watercraft. Texas law, for instance, may include specific statutes that set standards for operating watercraft safely and prohibit actions like boating under the influence (BUI). If a watercraft operator violates these statutes and that violation leads to an accident causing injury or damage, this may constitute 'negligence per se,' simplifying the injured party's burden of proof. They would not need to show additional negligence beyond the statutory violation to establish the operator’s liability.
