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Boat & Watercraft Accident Injuries in Texas

Posted By Sadat Montgomery
Boat & Watercraft Accident Injuries in Texas

While you may not realize it, Texas is home to over half a million recreational boaters. In addition to the hundreds of miles of coastline along the Gulf of Mexico (or thousands of miles, depending on how you measure it), Texas is also home to nearly 7,000 reservoirs and lakes. In fact, Texas leads the contiguous United States with 5,607 square miles of inland water—beating out Florida, Minnesota and even Louisiana.

Of course, as fun as boats, jet skis and other watercraft can be, we all know that they can present certain dangers as well. According to the U.S. Coast Guard, there were 204 recreational boating accidents in Texas in 2018. 35 of those accidents were fatal, leading to the deaths of 38 people. The National Safe Boating Campaign ranks Texas second in the nation for boating deaths, and third for the number of boating accidents reported.

Injured victims often find themselves in unfamiliar territory when it comes to filing a claim and seeking compensation following a boat accident. While those who've suffered damages may be legally entitled to compensation from the responsible party, filing a claim is no guarantee of success. In fact, you might be surprised to learn that owners aren't even required to carry accident insurance on boats and personal watercraft in Texas.

Filing a Claim & Seeking Compensation

After a boating accident, many find themselves overwhelmed by the situation. Victims often face mounting medical bills, property damages, and lost wages—not to mention immense pain and suffering, disfigurement and/or disability.

When it comes to an accident victim's legal options, it's always important to speak with a personal injury attorney. Every case is unique, and it never hurts to get a free consultation or two before making any legal decisions. In addition to an attorney, it's important that you reach out to the Texas Parks and Wildlife Department (TPWD) relatively quickly regarding an official accident investigation.

The TPWD typically investigates all watercraft accidents resulting in injury or death in our state, and the results of this investigation will likely play a significant role when it comes to determining liability. Depending on the facts of the case, victims may actually have a valid claim against more than one party. For example:

  • The operator of the boat who was responsible for the accident.
  • The owner of the boat (if different from the operator).
  • The manufacturer, retailer, or distributor of a dangerous or defective boat or boating equipment.
  • A rental company.
  • Other passengers whose actions may have caused or contributed to your injuries.

In a personal injury or wrongful death case, victims are entitled to seek compensation for a range of damages. While some types of damages are easily quantifiable (e.g., lost wages, property damages, and medical expenses), others can be more speculative or subjective (e.g., pain and suffering, loss of enjoyment of life, emotional distress, disfigurement, etc). While rarely awarded, punitive damages may also be levied in the most egregious cases in order to punish those who act with malicious intent or wanton disregard for the safety of others.

As mentioned earlier, boat owners in Texas are not required to carry liability insurance. Some homeowner's insurance policies may extend to cover watercraft accidents, but these policies are often limited in the total dollar amount available. For this reason, it is often best to have an attorney look into the facts of your case in order to determine exactly what policies (and limits) may apply to your potential claim.

Texas Boat and Watercraft Laws

Under Texas law, anyone who wishes to operate a motorboat, sailboat, or personal watercraft (PWC) must first complete a TPWD-certified boater education course. However, those born before 09/01/1993 are exempt from this requirement. Additionally, operators must be at least 13 years old or accompanied by an adult who can lawfully operate the vessel.

All children under the age of 13 must wear a life jacket at all times, unless the boat is larger than 26 feet in length. There are also specific rules that apply to operating your boat on Texas waters, including when to yield right-of-way.

If a boat or watercraft is involved in an accident, the operator is required to render assistance to other people "as may be practical and necessary." Operators are also required to exchange information with any victims and/or the owners of any vessels involved in the collision. This information must be provided in writing.

If a boating accident causes an injury or property damage in excess of $2,000, the accident must be reported to the Texas Parks and Wildlife Department (or the nearest law enforcement agency) within 30 days. If the accident results in death, it must be reported within 48 hours.

While open containers are currently permitted aboard boats in Texas, it is still illegal to operate a boat or PWC while intoxicated. If an operator appears to be impaired or has a blood alcohol content of .08 or higher, not only are they risking the safety of others, but to they may be arrested for boating while intoxicated (BWI). If an intoxicated boater causes an accident resulting in injury or death, the charge is elevated to a felony.

Common Causes of Boat and PWC Accidents

According to the U.S. Coast Guard's 2018 Recreational Boating Statistics Report, alcohol is the leading contributing factor of recreational boating accidents and accounts for 19 percent of all fatal crashes. Other frequent causes of boat and watercraft accidents include:

  • Collisions with a fixed object.
  • Collisions with another vessel.
  • Collisions with a floating object (including swimmers).
  • Running aground, sinking or flooding
  • Fire or explosion.
  • Mishaps that involve a person on a towable object (water skiing).
  • A person falling overboard.
  • Capsizing.

While boat and PWC accidents can lead to a range of injuries, certain types of injuries are more common than others. A person injured in a boat or watercraft crash may suffer from:

  • Drowning — 77% of fatal boat accident victims drown. 84% of these drowning victims were not wearing a life jacket at the time.
  • Brain injuries — A person may suffer a brain injury due to oxygen deprivation while submerged, or from hitting their head during a collision.
  • Spinal cord injuries — This may happen as the result of an impact or due to spinal compression as the boat bounces up and down on the water.
  • Lacerations — A person who gets too close to the propeller of a boat may suffer deep lacerations or even the amputation of an arm or leg.
  • Whiplash — This can occur when the head and neck move sharply in one direction and then back, which often occurs during a boating collision.
  • Electrocution — Boats and PWCs often have electrical systems with a significant amount of current. Both poor maintenance and standing water can lead to electrical shock, which may lead to electrical burns or electrocution (death).

Getting Help with Your Claim

Insurance claims involving boat and watercraft accidents are always contentious, especially when a serious injury or wrongful death is involved. Insurance companies are under no obligation to settle for a fair amount. In fact, they don't have to pay a penny to victims unless ordered to do so by a judge.

That being said, the majority of all personal injury and wrongful death cases are settled far before they ever see a courtroom. If damages are low (e.g., property damage only), you likely do not need a lawyer to help you with your claim. On the other hand, when an injury is involved, it's always in your best interests to at least speak with an attorney.

If you or someone you love has been hurt in a boating accident, there's no harm in speaking to a few personal injury attorneys in your area before making your next move. While hiring a lawyer may be the last thing on your mind right now, it's always smart to understand the legal options available to you and your family moving forward. Best of all, if the attorney feels as if they can help, they'll usually offer to handle your entire case on a no-win no-fee basis.

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About the Author:

Sadat Montgomery


Sadat’s experience in the pharmaceutical industry has given him the opportunity to build relationships with some of the top physicians in the Dallas-Fort Worth Metroplex, often giving his clients access to the best medical treatment for their injuries. His competitive background in sports has prepared him for the combat that takes place in a courtroom. The sales training he received from some of the top organizations in the country has sharpened his natural ability to connect with people, making him a highly effective trial attorney in front of a judge and jury.... View full business profile here: Sadat Montgomery