San Antonio Lake Drownings

San Antonio Drowning Accident Attorney Michael Grossman on San Antonio Lake Accidents

Texans enjoy weekend excursions to the lake, especially as the summer months start approaching. The cool waters of a lake near San Antonio are enticing to children and adults alike. Lake weekend getaways are a common practice amongst thousands of Texas every year. Popular lakes near San Antonio include:

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  • Calaveras Lake
  • Canyon Lake
  • Medina Lake
  • Victor Braunig Lake
  • Mitchell Lake
  • Canvasback Lake
  • Ballasetal Lake
  • Kilroy Lake
  • and the Choke Canyon Reservoir

However, the popularity of these San Antonio lakes leads to the inevitability of lake accidents happening that can cause serious to severe injury to a person or even death. Should your or a loved one have been involved in a San Antonio lake accident, you may be unaware of your legal rights to seek compensation for your injury or loss. Likely, you may not even be sure who’s to blame for your accident. In the event of a fatal lake accident in San Antonio, the bereaved family will likely desire answers more than compensation, so that the liable parties can be held fully accountable for their actions. In instances where criminal charges are not pressed, a civil lawsuit may be the only way for an aggrieved party to seek justice for their injury or loss. With 20 years of experience in personal injury and wrongful death law, San Antonio lake drowning accident attorney Michael Grossman offers the following article to help you understand the possible legal issues involved in a San Antonio lake accident.


Liability in a San Antonio Lake Drowning

When a fatal drowning accident or other type of injurious lake accident occurs, a number of liable parties may ultimately be responsible for the accident. For instance, one person may be guilty of a wrongful death if they’re playfully holding another person under water for too long. A boat driver may inadvertently strike a partially submerged swimmer, resulting in a drowning accident. A safety device may fail to work properly, in which a product manufacturer may bear liability for a resultant accident. A lifeguard or other supervising adult may fail to take necessary action within a reasonable amount of time time when a child becomes distressed in the water. Children can drown or experience an injury at a lake in a very short amount of time. In such an instance, the adult may bear liability through negligent entrustment. In instances where an employee, such as a lifeguard, is negligent, the employer can also be held responsible for their worker’s negligent behavior through the legal notion of “respondeat superior.” In each of the situations presented above, each liable party bears liability for varying reasons. In some instances, a fatal lake accident may have been caused by a number of factors, in which multiple liable parties may each be responsible for a portion of the accident.

When San Antonio lake accident lawyer Michael Grossman is enlisted to help with a personal injury or wrongful death lawsuit, he and his team at Grossman Law Offices will perform an exhaustive investigation into the accident in order to determine the liable parties and the cause or causes for the lake accident. Since each defendant is responsible for their fair share of compensation in conjunction with their percentage of liability in the accident, seeking all liable parties is an important step toward ensuring that a plaintiff can be fully and fairly compensated for the full extent of their incurred damages. Furthermore, seeking out all liable parties ensures that they’re all held accountable for their negligent behavior so that a similar lake accident does not have to cause further harm or loss to someone else.


San Antonio Boating Accidents

Boating accidents are also a common cause of drownings or other types of serious accidents on San Antonio lakes. A reckless boat driver can cause immense amounts of damage in a short amount of time. In some instances, an untrained boat driver can wreak as much havoc as a careless boat operator. When the owner of a boat allows another person to operate his or her boat, and the operator causes a boat crash resulting in injury or death, both the boat driver and the boat’s owner can be held liable for the accident.

Since drinking is a common activity during a weekend spent boating on lakes near San Antonio, drunk driving boat accidents can occur with an alarming regularity. Drunk boating accidents can often result in great property damage, severe personal injury, and loss of life. An intoxicated boater can be held civilly liable for their actions through a personal injury or wrongful death lawsuit in Texas. Additionally, depending on the particular circumstances leading up to the drunken boat wreck, Texas dram shop law may apply when such a drunk boat driver was over-served alcohol at a bar or restaurant prior to a drunken boat crash. In Texas, a dram shop cause of action can be pursued against a negligent bar or restaurant if they serve alcohol to a person such that they exceed the legal blood alcohol content level of .08% and then proceed to operate a vehicle, resulting in a drunk driving accident causing injury or loss of life. While such a bar or restaurant will not be held wholly liable for the accident, their partial liability ensures that they can be held accountable for their negligent behavior that played a definitive, contributing role to the drunk boating accident. The San Antonio drunk driving attorneys at Grossman Law Offices have 20 years of experience in pursuing dram shop cases in Texas. In other words, we know how to investigate such an accident in order to ascertain whether or not an alleged drunk driver had become intoxicated due to the negligent work of a bar or restaurant.

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Call San Antonio Lake Accident Attorney Michael Grossman

Pursuing legal action in the aftermath of an injurious or fatal lake accident in San Antonio, Texas can assist an aggrieved party in two distinct ways. First, such an aggrieved party has likely incurred a great amount of financial losses in terms of medical costs, property damage costs, lost wages due to time off from work, pain and suffering, and other types of damages. One of the purposes of a personal injury or wrongful death lawsuit is so that an aggrieved party can stand to be compensated for the damages they’ve incurred due to the negligent behavior of another person or entity.

Secondly, an aggrieved party, especially in situations involving a fatal lake accident, will desire to seek justice for their injury or loss against the liable parties. In instances where criminal charges are not pressed, a civil course of legal action may be an aggrieved party’s only route toward seeking justice for their injury or loss. In seeking compensation against these parties, they can be punished financially for their negligent behavior. Our lake accident law firm in San Antonio will work to ensure that all liable parties are properly identified so that they can be held fully accountable for their actions. Where possible, we will work to have laws changed or guidelines adapted so that future fatal accidents do not have to be the result of the continued negligence of a defendant.

If you or a loved one have experienced a San Antonio lake accident, contact drowning accident attorney Michael Grossman at 1-855-393-0000 for a toll-free, no-cost legal consultation. Professional legal representatives will answer any questions you may have about your possible case and provide you with further information regarding your possible legal options. Should you be able to pursue a personal injury or wrongful death claim in Texas, our firm can assist you in working toward receiving fair compensation for your injury or loss in tandem with working to seek justice against the parties responsible for your lake accident.


Some of Our Most Recent Successful Cases
$1,000,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
(policy limits) A husband and father of three was killed when the driver of an 18-wheeler veered into oncoming traffic, striking the young man's vehicle and several others. The defendant was employed by a small construction company that operated only a single 18-wheeler. As such, the defendants were largely underinsured and were not financially solvent.

Furthermore, the defendants had an eroding insurance policy and numerous other parties were intent upon filing claims of their own since the 18-wheeler struck multiple other vehicles. This created the need for an aggressive and rapid response before the other claimants could erode the policy.

Defense counsel made it clear that they wished to litigate the case despite the insurmountable liability arguments that our attorneys presented. They intended to designate a third party as a responsible defendant since the accident happened in a construction zone, even though it was abundantly clear that the construction zone played no role in the crash.

Additonally, the defendants made it clear that they wished to downplay the extent of the damages by virtue of a character assasination on the decedent. Fortunately for our clients, our firm has successfully litigated against the defendant's insurer in nearly a dozen cases, so the carrier was quite aware of our courtroom capabilities. We presented a sample lawsuit to the defendant's insurance carrier and informed them that the lawsuit was to be filed the moment that they refused to settle.

Additionally, our attorneys submitted a Stowers' Demand with a brief window of time for the defendants to respond. We made it abundantly clear that we intended to seek punitive damages and that we would assert the full limits of the carrier's exposure under the Stowers' Demand should the carrier not offer policy limits.

The defendant's attorney adamantly persuaded the carrier to litigate, however, our attorney's threats of litigation, past track record, and incredibly aggressive pre-litigation actions convinced the insurance carrier to disregard their own attorney's advice and to settle the case, lest they face our attorneys in court.

Had our clients been represented by virtually any other firm who did not have our specific track record or who would have not recognized that this case required special and immediate attention coupled with an abnormally aggressive stance, the client's would have certainly been tied up in litigation for years, with the limited supply of funds rapidly depleting since the other claimants who did not need to litigate would have essentially had right of first refusal.
Total Recovery:
$1,000,000.00
Attorney Fees:
$333,333.00
Litigation Expenses:
$0.00
Confidential Recovery - Wrongful Death / Workplace Accident
Major freight train company sued as the result of an incident which claimed the life of an employee. Our attorneys settled the case outside of court for a confidential amount.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) Our firm was hired by the wife and children of a retired Army Colonel who was killed in an underide 18-wheeler accident. In addition to being a decorated veteran, the decedent worked both professionally and on a voluntary basis to establish numerous learning institutions and vocational programs for at risk youths. The accident occurred as the decedent was traveling on a rural highway when an 18-wheeler failed to yield the right of way and made a rolling stop through a stop sign.

This placed the trailer of the 18-wheeler in a position whereby it blocked the entire roadway and shoulder, leaving the decedent no option but to collide with the trailer. Witnesses on the scene attempted to revive him but to no avail. Furthermore, while two female eye witnesses struggled to pry open the decedent's door to provide emergency care, the truck driver stayed in his truck and offered no assistance. Despite what appeared to be an incredibly apparent case of negligence on behalf of the defendant, defense counsel refused to accept liability resulting in rather lengthy litigation.

The defendants initially denied the claim based on the allegation that the decedent was speeding and the truck driver therefore could not adequately gauge the amount of time he had to pause at the stop sign. The physical evidence contradicted this notion entirely, notwithstanding the fact that even if the decedent had been contributorily negligent, that would not have outweighed the severe degree of negligence on the part of the defendant. Nevertheless, our attorneys were able to conclusively refute this argument based on eye-witness testimony and the testimony from police investigators who calculated the decedent's speed to be precisely at the posted speed limit. In a desperate and largely unprecedented move, the defendants then designated the state as a responsible third party.

Generally speaking, a defendant will often threaten to designate a third party in order to leverage their position but it is rare that such an arbitrary and arguably frivolous designation is actually carried out. However, that is precisely what occurred and the state was thusly incorporated into the lawsuit by the defendants. The basis of the defendant's argument was that the state erected a large street sign that obstructed the truck driver's view of approaching traffic.

Several months of intense litigation were required to before the defendant finally acquiesced in regard to this argument. The argument was finally abandoned by the defendants when in the first mediation our attorneys presented video footage shot (in a controlled setting) from the perspective of an 18-wheeler driver which showed that the sign simply did not obstruct enough of the roadway in order to be a hazard. The case was ultimately resolved through litigation.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$550,000.00 Recovery - Wrongful Death / First Party Dram Shop
A young woman lost her life after a bar over served her to more than three times the legal limit resulting in her burning to death in a single-vehicle accident. Witnesses stated that she was so intoxicated that she could barely make it to her vehicle without assistance. Through litigation, our attorneys ascertained the necessary evidence to prove that the establishment provided alcohol to an obviously intoxicated person, thus resulting in her ultimate demise.
Total Recovery:
$550,000.00
Attorney Fees:
$220,000.00
Litigation Expenses:
$25,000.00
$250,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) A young mother was killed in an accident involving two commercial vehicles, one an 18-wheeler. The accident occurred as the young woman was a passenger in a vehicle that was traveling down a highway in the early morning hours. Without warning, the vehicle in which she was a passenger collided with a stalled 18-wheeler that parked in the right of way, resulting in catastrophic injuries that claimed the young woman's life soon thereafter.

The authorities initially faulted the driver of the vehicle in which the victim was a passenger, stating that he was using an electronic device rather than paying full attention to the roadway. However, the 18-wheeler was indeed blocking the roadway and plaintiff alleged that the vehicle did not follow the requirements of the Federal Motor Carrier Safety Act in regard to providing adequate reflective or laminated warning at specific intervals. Further, the plaintiffs alleged that the defendant failed to remove his vehicle from the roadway when he first noticed signs of mechanical failure.

Had he simply moved to the shoulder of the road, plaintiffs argued, his lack of adequate warning signs would have been inconsequential. An initial settlement has been obtained in this case, yet litigation has commenced in full against the remaining defendant, and is currently ongoing.
Total Recovery:
$250,000.00
Attorney Fees:
$78,000.00
Litigation Expenses:
$370.00
$100,000.00 Recovery - Wrongful Death/ Medical Malpractice
(policy limits) Recovery for wrongful death/ nursing home negligence which resulted in bed sores which became infected.
Total Recovery:
$100,000.00
Attorney Fees:
$33,133.00
Litigation Expenses:
$400.00
$3,200,000.00 Recovery - Wrongful Death / Automobile Accident
Our attorneys were hired to represent the family of a middle aged woman who was killed in a car accident. The incident occurred as another vehicle struck the car that the decedent was a passenger in, head-on on the passenger side. The impact resulted in catastrophic injuries which claimed the life of the decedent.

Our attorneys were hired soon after the accident and we launched a full investigation. Through the course of our investigation, it was soon determined that the head-on collision was caused a failed component in the defendant's vehicle (the particulars of which cannot be elaborated upon per the resolution agreement). Suit was filed against the manufacturer of said component and litigation commenced. The case was successfully resolved through litigation.
Total Recovery:
$3,200,000.00
Attorney Fees:
$1,280,000.00
Litigation Expenses:
$50,000.00
Confidential Recovery - Wrongful Death / Automobile Accident
(policy limits) Our firm was hired to pursue an intoxicated driver who killed an elderly school crossing guard. The fatal accident occurred as the decedent was escorting a woman and her child across the roadway through a crosswalk. The defendant then sped through the school zone, in an intoxicated a state, and struck the decedent who died on the scene.

The family hired our firm to investigate and pursue the defendant under a wrongful death cause of action. Following our investigation and preliminary vehicle inspection, our attorneys issued a Stowers' demand to the defendants. A significant factor in resolving this claim is that merely days before we submitted our demand to the defendant' insurance carrier, we won a large case against the very same insurance carrier, which was one of several such victories secured against the carrier in our firm's history. Our threats of litigation were therefore heeded and the defendants offered policy limits to settle the claim without the need to file suit.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$550,000.00 Recovery - Wrongful Death / Workers' Compensation Gross Negligence
(policy limits) A father of two was killed on the job when he fell from a personnel platform atop an elevated piece of machinery. The defendant was initially afforded protection from a liability suit by virtue of their workers' comp policy. Upon thorough investigation, it became evident that gross negligence was at the root of the accident, and suit was filed accordingly. A successful outcome was obtained through litigation.
Total Recovery:
$550,000.00
Attorney Fees:
$220,000.00
Litigation Expenses:
$40,000.00
Confidential Recovery - Wrongful Death / Premises Liability
Facility sued for negligent contribution to the death of an innocent bystander. A fatal shooting occurred on the property after the facility failed to appropriately respond to outbursts of violence & gang activity. Following the young man's death, his parents hired our firm to pursue the facility for their negligent actions including failure to provide adequate security. The case was successfully resolved through litigation.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential

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