This is a frustrating answer, but “it depends.” Just as with auto accidents, boating accident claims generally require an act of negligence in order to hold an at-fault party liable for your injuries and damages. This means that in order to receive compensation, a boat accident victim must prove that his or her injuries were the direct result of another party's breach of their duty of reasonable care. Parties that may be held liable for boating accidents can include:
If negligence can be proven, victims have a right to several types of compensation for their injuries and losses. These damages include: If a wrongful death occurs because of the boating accident, other damages may be compensated for including funeral costs, lost companionship, and the deceased's lost wages.
What if I signed a waiver that disclaimed liability? If you rented a vessel from a marina, you most likely signed a waiver that disclaimed liability for the boat owner. Depending on the circumstances, this contract might not be enforceable. The contract language will need to be examined, as well as the conditions under which the contract was signed.Boating accident cases in Texas are incredibly complex. If you or a loved one has been injured in a boating accident, whether on a small inland body of water or the ocean, it’s important to contact an experienced Texas attorney as soon as possible.
Summer is here and families and friends are gathering on one of the many lakes and rivers in Denton County, Texas. Increased activity leads to a crowded water recreation area which can lead to accidents. At Springer & Lyle, we want to make sure you know what to do if you are involved in a boating accident. The Texas Parks and Recreation Department notes that Texas has:
Anyone born on or after September 1, 1993, must complete a Boater Education Certificate course to operate a personal watercraft on Texas waters. After completion of the course, a person will receive a Boater Education Card. Boaters who are caught operating without their Card can be fined up to $500. Boating Accident Statistics and Coast Guard Reporting Requirements The U.S. Coast Guard keeps records of all accidents that occur on the water. In 2021 in Texas, there were 238 reportable boating accidents with 52 fatal accidents resulting in 58 deaths. Another 149 people suffered injuries serious enough to report them to the Coast Guard. The Coast Guard requires boating accidents to be reported to a state reporting authority under the following conditions:
In Texas, the report can be made to the local law enforcement agency or the Texas Parks and Wildlife Department. Main Factors Contributing to Boating Accidents The Coast Guard has identified some factors contributing to boating accidents and subsequent injuries and death. They include:
Almost all causes can be traced to someone’s negligence. When you have been injured in a boating accident due to the negligence of another, you are entitled to collect for damages under the same principles that apply to collecting damages when injured in a car accident due to someone’s negligence. The personal injury attorneys at Springer & Lyle can help you collect the reasonable compensation you are entitled for your injuries, lost wages, medical expenses, pain and suffering, and other physical damage. Contact us at 940.387.0404 for a free consultation.
Boating Laws & Regulations Boating laws in Texas are focused on promoting safety, preventing accidents and saving lives. While these regulations set forth various requirements for boat operators, they also pertain to vessels and the mandatory safety equipment for them. When boat operators and owners fail to comply with Texas boating laws:
At the Amaro Law Firm, our lawyers have extensive experience helping the victims of boating accidents pursue the financial recoveries they deserve. Diligent, skilled and tenacious, our attorneys can help you hold all negligent parties accountable for your boating accident.
Texas Boating Laws: Rules for Operators Texas Boating Laws: Vessel Requirements Protect the Value & Success of Your Boating Accident Claim: Contact a Houston Boat Accident Lawyer at the Amaro Law Firm
Vessel operators involved in an accident must report the accident to the TPWD by the quickest means possible if it has resulted in:
Accident reports submitted by the operator(s) are confidential and are not admissible in court as evidence. Report forms are available from TPWD offices and game wardens. You can also call the TPWD 24 hours a day at 512-389-4848.
An operator involved in a boating accident is required to:
Accident ReportingThe following types of accidents must be reported to the Texas Parks and Wildlife Division by the quickest means possible, if any of the following occur as a result of the accident:
Note: Boating accident reports are confidential and are inadmissible in court as evidence. Download a Texas’ Boat Accident Report Form
When involved in a boating accident, the operator is required by Section 31.104 of the Parks and Wildlife Code to:
Also according to Section 31.105 the accident must be reported to the department on or before the expiration of 30 days after the incident. The report should include a full description of the collision, accident, or casualty in accordance with regulations established by the department. It is the responsibility of each boat operator who is involved in an accident to contact TPWD or your nearest law enforcement agency if the accident:
To report an accident contact your local game warden, local law enforcement agency, or call TPWD 24 hour police communications operator at (512) 389-4848. |