BOATING ACCIDENT ATTORNEYS

Texas Boating Accident Lawyer

Boating is a great pastime, but recreational boating accidents can cause serious injuries and property damages. Victims of boating accidents can face high medical costs and other expenses related to the accident. Our team of personal injury attorneys is here to help you seek compensation after you were injured in a boating accident.

The short version

  • A boat operator involved in a collision must render practicable assistance and give name, address and vessel identification in writing to anyone injured and to the owner of damaged property (§ 31.104).
  • A written incident report is required within 30 days where there is a death, an injury needing more than first aid, or property damage above a commission-set threshold of not less than $2,000 (§ 31.105).
  • Texas bans wilfully or wantonly reckless or negligent operation that endangers life, limb or property (§ 31.094), and requires speed no greater than will allow stopping within the assured clear distance ahead (§ 31.095(a)).
  • Personal watercraft carry extra rules: Coast Guard–approved flotation devices for everyone aboard or towed, the engine cut-off lanyard attached, and no operation between sunset and sunrise (§ 31.106(a)).
  • Recreational boating is not the same as maritime work. If you were injured working on a vessel, the Jones Act or the Longshore Act may apply instead — see our maritime page.
LIABILITY

Liability for Boating Accidents

If you were injured in a boating accident, you may be entitled to compensation from the at-fault person. For this, you must establish liability for the accident, which means showing that the accident was caused by someone’s negligence. This applies to accidents with all manner of watercraft, including motorboats, sail boats, jet skis, and kayaks.

In most recreational boating accidents, maritime law doesn’t apply. Instead, you likely need to look at state laws for liability and accidents, as most boating happens on non-navigable waters, meaning waters that aren’t used for interstate or foreign commerce. Your attorney can help you determine which liability laws apply for your specific case.

Generally speaking, for boating personal injury cases, you must show that your injuries were the result of another person’s negligence, similar to auto accident cases. Most commonly this is the driver of the boat. This negligence might include things like:

In some cases, the boat’s owner may also be liable if they don’t have proper safety equipment on board. For instance, if your injuries were made worse because the boat didn’t have life vests or floating throw rings.

If you were injured in a boating accident, a personal injury attorney can help you build your case and seek compensation from the at-fault party.

LEGAL HELP

Hiring Experienced Personal Injury Attorneys for Boating Accidents

Boating accident cases can be incredibly complex, as waves can be unpredictable. However, if you think the accident was caused by someone’s negligence, your attorney can help you fight your case.

The key is to prove liability, which can be tricky. Your attorney can help you investigate the accident and gather evidence of negligence. Federal law actually requires you to report many types of boating accidents to the Coast Guard, such as those involving injuries that require more than basic first aid or those that cause more than $2,000 in damage. Information in these reports, witness testimony, and any pictures you’re able to take of the accident scene can all help in building your case.

If the negligent party had boaters’ insurance, your personal injury attorney can help you file and negotiate a claim with the insurance company. This often involves significant amounts of paperwork and hard negotiations with insurance adjusters to get a fair settlement.

In some cases, you may need to file a lawsuit against the at-fault person to receive compensation. Your lawyer can represent you in court and advocate for your rights to compensation for your damages and injuries, including medical bills, lost wages, and pain and suffering.

Our team at Maida Law Firm offers experienced legal counsel for personal injury cases. We represent injured victims in many types of cases and are here to help you with your case. If we don’t win your case, you don’t owe us a cent. Get in touch now for a free case evaluation with our legal team.

COMMON QUESTIONS

Boating Accident Attorney FAQs

After a boating accident, ensure everyone’s safety and seek medical attention for any injuries. Report the accident to the U.S. Coast Guard or Texas Parks and Wildlife Department if it involves death, injury requiring medical treatment, disappearance, or property damage exceeding $2,000. Document the scene, gather witness information, and contact a boating accident attorney at Maida Law Firm.

Depending on the circumstances, liable parties may include the boat operator, the boat owner, a rental company, a manufacturer of a defective boat or equipment, or even a bar that overserved alcohol to the operator. Our personal injury attorneys investigate all potential sources of liability to help maximize your compensation.

In many cases, yes. Boat owners can be held liable under the legal theory of negligent entrustment if they allowed an inexperienced, intoxicated, or otherwise unfit person to operate their vessel. Additionally, if the owner failed to maintain the boat properly or did not provide adequate safety equipment, they may share liability for the accident.

Boating accident victims may recover compensation for medical expenses, lost wages, pain and suffering, property damage, and emotional distress. In cases involving gross negligence, such as boating under the influence, punitive damages may also be available. Contact Maida Law Firm for a free evaluation of your boating accident case.

Boating accident cases involve unique legal complexities, including maritime law, Coast Guard regulations, and multiple potentially liable parties. An experienced attorney can navigate these complexities, investigate the accident thoroughly, and fight for the compensation you deserve. Maida Law Firm has experience handling both recreational and commercial boating accident cases.

Fight for Justice — Contact Us Today

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What Texas requires on the water

Water Safety Act duties a boating claim turns on
DutyWhat the statute saysSource
Render aid and identify yourselfRender such assistance as is practicable and necessary to save others from or minimise danger, and give name, address and vessel identification in writing to anyone injured and to the owner of damaged property.Tex. Parks & Wild. Code § 31.104
Report the incidentWithin 30 days where there is death, injury requiring treatment beyond first aid, or property damage above a commission-set amount of not less than $2,000.Tex. Parks & Wild. Code § 31.105
Operate safelyNo wilfully or wantonly reckless or negligent operation endangering life, limb or property.Tex. Parks & Wild. Code § 31.094
SpeedNo greater than reasonable and prudent for conditions, and no greater than allows stopping within the assured clear distance ahead.Tex. Parks & Wild. Code § 31.095(a)
Personal watercraftApproved flotation device for everyone aboard or towed; cut-off lanyard attached where fitted; no operation between sunset and sunrise.Tex. Parks & Wild. Code § 31.106(a)

Deadlines that can end this claim

Texas deadlines that apply
SituationDeadlineSource
Most injury lawsuitsTwo years from the day the cause of action accrues.Tex. Civ. Prac. & Rem. Code § 16.003(a)
An injury that causes deathTwo years, running from the date of death.Tex. Civ. Prac. & Rem. Code § 16.003(b)
A City of Houston, Harris County, METRO or state vehicleWritten notice to the governmental unit not later than six months after the incident, describing the injury, the time and place, and the incident — and a city charter can require it sooner.Tex. Civ. Prac. & Rem. Code § 101.101
Reporting the crash itselfImmediately, by the quickest means of communication, if anyone was injured or killed or a vehicle cannot be driven normally and safely.Tex. Transp. Code § 550.026(a)
If you were partly at faultNo deadline, but a hard bar: a claimant may not recover if their percentage of responsibility is greater than 50 percent.Tex. Civ. Prac. & Rem. Code § 33.001

Questions people ask after a Houston crash

Tap a question to open it.

Who is responsible when a boat causes an injury?

Usually the operator, and often the owner as well. Section 31.094 prohibits operating in a wilfully or wantonly reckless or negligent manner endangering life, limb or property, and § 31.095(a) requires speed no greater than reasonable and prudent, and no greater than allows stopping within the assured clear distance ahead. Beyond the operator, an owner who allowed an inexperienced or intoxicated person to operate can be liable, a rental or livery operator can be liable for the condition of the vessel and its instructions, and a manufacturer can be liable where equipment failed.

What was the other operator legally required to do after the collision?

Two distinct things under § 31.104. First, render such assistance as is practicable and necessary to save persons affected from or minimise danger, so far as they can without serious danger to their own vessel, crew and passengers. Second, give their name, address and identification of their vessel — in writing — to any person injured and to the owner of any property damaged. Leaving without doing both is a violation in the same way that leaving a road collision is, and it is evidence in your claim.

What if the operator never filed an incident report?

Section 31.105 requires one within 30 days where the incident resulted in a death, an injury requiring medical treatment beyond first aid, or property damage above an amount set by the commission at not less than $2,000. Failure to file does not defeat your claim, but it removes a contemporaneous official record that would otherwise document the incident, which makes your own evidence more important — photographs, the identity of everyone aboard both vessels, marina and ramp camera footage, and the Coast Guard or game warden response if there was one.

What is different about a personal watercraft case?

The additional statutory duties, which create clear failures to point to. Section 31.106(a) requires that everyone riding on or towed behind a personal watercraft wears a Coast Guard–approved Type I, II, III or V flotation device; that where the manufacturer fitted a lanyard-type engine cut-off switch, the lanyard is attached to the operator; and that the craft is not operated between sunset and sunrise. Those are bright-line requirements rather than judgement calls, which makes a breach considerably easier to establish than a general allegation of careless operation.

Where do boating injuries around Houston happen?

Galveston Bay, Clear Lake and the Kemah area, Lake Houston and Lake Conroe, and the Intracoastal Waterway, plus the bays and passes along the upper Texas coast. Those waters mix recreational craft with commercial traffic — barges, tugs and shipping moving to and from the Ship Channel — which is a significant part of why collisions there produce serious injuries. Where a commercial vessel is involved, the analysis can shift out of the Water Safety Act and into federal maritime law entirely.

When is my injury a maritime case rather than a Texas boating case?

When it arises from work aboard a vessel rather than recreation. A crew member of a vessel in navigation may be a seaman with a Jones Act claim under 46 U.S.C. § 30104, which allows a civil action at law with a jury against the employer. A dock, terminal or shipyard worker who is not a seaman generally falls under the Longshore Act, where employer liability is exclusive under 33 U.S.C. § 905(a). A passenger on a commercial vessel is different again. The classification follows the actual activity, and it changes both the remedy and the deadline.

When does my time to bring a claim run out?

For an ordinary Texas boating injury, two years from accrual under § 16.003(a), or two years from the date of death under § 16.003(b). But two things can shorten it. If a governmental vessel or employee is involved — a sheriff's patrol boat, a game warden, a municipal craft — § 101.101 requires written notice within six months. And if the incident turns out to be maritime rather than recreational, federal deadlines apply instead, and a commercial passenger ticket can impose shorter contractual ones.

Why does alcohol come up so often in these cases?

Because it is common on the water and because operating a vessel while intoxicated is an offence in Texas, prosecuted separately from anything to do with your claim. For the civil case, intoxication is evidence of negligent operation under § 31.094 and can support the argument that conduct went beyond ordinary carelessness — though exemplary damages still require clear and convincing evidence of fraud, malice or gross negligence under § 41.003(a). It can also open a claim against whoever provided the alcohol, on the same dram shop analysis that applies on land.

Why is evidence harder to preserve after a boating incident?

Because the scene does not exist. There are no skid marks, no debris field to photograph and no fixed position to return to — the water closes over everything within seconds. That puts unusual weight on what people recorded at the time: photographs and video from either vessel or from bystanders, marina and ramp camera systems, GPS and chartplotter data, phone location records, and the accounts of everyone aboard. Vessels also get repaired or moved quickly, so an early inspection request matters more here than in a road case.

How much does it cost to have a boating case reviewed?

Nothing to ask. The consultation is free and there is no obligation, and representation is on a contingency fee — a percentage of the recovery, no fee if there is no recovery — set out in a written agreement before you sign. The first question we will want to answer is whether the incident is a Texas recreational matter under the Water Safety Act or a federal maritime one, because that single classification changes the deadline, the forum and what has to be proved.

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About the authors

Sam A. Maida, Jr., Owner and Managing Attorney at Maida Law Firm

Owner and Managing Attorney

Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.

Texas Bar No. 00787950

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Bernard G. Johnson III, Litigation Managing Attorney at Maida Law Firm

Litigation Managing Attorney

Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.

Texas Bar No. 00796832
Admitted to practice in the U.S. District Court for the Western District of Texas (2004)

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