If you are injured in a boating accident on a Texas lake or on Galveston Bay, get medical care first, then get the operator’s name, address and boat identification in writing. Texas law requires the operator of a vessel involved in an accident to give that information to an injured person, and to report a serious incident to a game warden or marine safety officer within 30 days. A personal injury lawsuit generally must be filed within two years.
The short version
- Get the operator’s details in writing. Parks and Wildlife Code § 31.104 requires the operator to give an injured person his or her name, address and vessel identification in writing.
- Serious incidents have a reporting clock. A full description goes to a game warden or marine safety enforcement officer no later than the 30th day after a death, a medical injury or property damage above the state threshold (§ 31.105).
- Boating while intoxicated is a crime. Operating a watercraft while intoxicated is a Class B misdemeanor with a 72-hour minimum term of confinement, subject to the prior-conviction enhancement (Penal Code § 49.06).
- Two years is the general limit. Civil Practice and Remedies Code § 16.003 gives two years to bring a personal injury suit, and a federal maritime claim can carry a different limit.
- Fault is shared by percentage. A claimant cannot recover if his or her own percentage of responsibility is greater than 50 percent (§ 33.001). The comparative negligence article goes further into how fault is divided.
How many people are hurt or killed in Texas boating accidents?
The Texas Parks and Wildlife Department counted 178 recreational boating incidents in 2025, with 50 deaths and 77 people injured beyond first aid. Drowning caused 70 percent of those deaths, and 84 percent of the people who died were not wearing a life jacket, according to the department’s report.
The department’s 2025 annual report summarizes the incidents reported to it and compares 2025 with 2024. Incidents rose 2.9 percent, while fatal incidents rose 114.3 percent and fatalities rose 108.3 percent, from 24 to 50. (TPWD, Recreational Boating Incident Statistics 2025) Families of people who die in a boating crash can read our page on wrongful death claims in Houston and our article on which relatives can bring a claim when someone dies. Trauma caused 10 of the 50 deaths in the TPWD data, and for serious head injuries see our article on compensation after a traumatic brain injury.
| Location | Total incidents | People injured | Deaths |
|---|---|---|---|
| Harris County | 9 | 9 | 2 |
| Montgomery County | 5 | 2 | 1 |
| Galveston County | 5 | 2 | 4 |
| Brazoria County | 5 | 2 | 1 |
| Conroe (waterbody) | 6 | 2 | 1 |
| Galveston Bay (waterbody) | 2 | 0 | 1 |
Source: TPWD 2025 report, incidents by county and by waterbody, read 16 October 2026.
Nationally, the Coast Guard’s 2024 report counts 3,887 recreational boating incidents, 556 deaths and 2,170 injuries. It calls alcohol use the leading known contributing factor in fatal incidents. (U.S. Coast Guard, Recreational Boating Statistics 2024)
The Houston Chronicle reported on 2 September 2025 that deputies with the Montgomery County Precinct 1 constable’s office answered a Labor Day weekend 911 call on Lake Conroe about a 34-year-old Houston man who jumped overboard and did not resurface, and that, according to the constable’s office, he went into the water without a life jacket after his hat flew off while the boat was moving. (Houston Chronicle, “Man drowns after jumping from boat on Lake Conroe during Labor Day weekend,” 2 September 2025)
What must a boat operator do after an accident in Texas?
Under Parks and Wildlife Code § 31.104, a vessel operator in a collision or accident must give practicable help to people affected, without serious danger to the vessel, crew and passengers. The operator must also give any injured person, and any damaged property owner, the operator’s name, address and vessel identification in writing.
The statute states the first duty this way: the operator “shall render to other persons affected such assistance as may be practicable and necessary in order to save them from or minimize any danger insofar as he can do so without serious danger to his own vessel, crew, and passengers.” The second requires the operator to “give his name, address, and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.”
Write down or photograph what the operator gives you, with the time, the place and the names of anyone who saw the collision. Whether a particular operator met these duties is a question of fact that a lawyer examines alongside the other evidence. (Texas Parks and Wildlife Code ch. 31)
Which agency answers a call depends on the water. The Houston Police Department’s Special Operations page says its Lake Patrol Unit “patrols Lake Houston, its feeding rivers and tributaries,” and that its Port Patrol Unit handles maritime response on the waterways of the Port of Houston and Ship Channel, including boater safety and search and recovery. After a crash on one of those waters, ask the responding unit for its incident number so the record can be found later.
When is a written boating incident report required?
The operator must give a full description of the incident to a game warden or marine safety enforcement officer no later than the 30th day after it happens, if it caused a death, an injury needing medical treatment beyond first aid, or property damage above the commission’s threshold. TPWD’s 2025 report lists that threshold as $2,000.
Section 31.105 covers a collision, accident or other casualty that results in one of three things: a death, an injury that requires medical treatment beyond first aid, or property damage above an amount the commission sets, which may not be less than $2,000. For those incidents the operator must provide “a full description of the incident in accordance with regulations established by the department” within 30 days. The description goes to an officer or warden, not to the department directly.
The officer has a separate duty. An enforcement officer who investigates such an incident must file a written report electronically with the department within 15 days after first learning of it. The officer’s report and the operator’s description are two different records, and a claim may depend on both. For how to request crash paperwork, see our guide to getting a copy of an accident report in Houston. (Parks and Wildlife Code § 31.105; TPWD 2025 report, property damage threshold)
Is boating while intoxicated a crime in Texas?
Yes. Penal Code § 49.06 makes it an offense to be intoxicated while operating a watercraft. The base offense is a Class B misdemeanor with a 72-hour minimum term of confinement, and under the definition in § 49.01, intoxication includes having an alcohol concentration of 0.08 or more.
The statute reads: “A person commits an offense if the person is intoxicated while operating a watercraft.” Its penalty subsection sets the Class B misdemeanor and the 72-hour minimum “except as provided by Section 49.09,” which increases the penalty for a person with an earlier intoxication conviction. Section 49.061 is more serious: boating while intoxicated with a passenger younger than 15 is a state jail felony. (Texas Penal Code ch. 49)
TPWD lists alcohol use as a contributing factor in nine incidents in 2025, with five deaths. A criminal charge and a civil injury claim are separate proceedings. For the same question on the road, see our page on crashes caused by drunk drivers, and our Houston drunk-driving facts and figures.
Who can be liable after a Texas boating accident?
Fault decides it, and more than one person can share responsibility. The operator whose careless or reckless handling causes a crash is the most direct source of a claim. Under Texas proportionate responsibility, a claimant may not recover damages if his or her own percentage of responsibility is greater than 50 percent (Civil Practice and Remedies Code § 33.001).
The statute does not assign fault in advance. Under § 33.003 the trier of fact determines each party’s percentage of responsibility. TPWD’s 2025 data lists careless or reckless operation in 26 incidents, operator inattention in 24, operator inexperience in 16, and excessive speed in nine. Those are reported contributing factors, not findings about any particular crash. (Civil Practice and Remedies Code ch. 33)
Other parties can sometimes be involved, such as an owner who lent the boat, a rental company, a marina, or a maker of defective equipment. Whether any of them can be held responsible depends on the facts and on Texas rules a lawyer applies case by case. Our page on defective product claims is the place to start for equipment failures. Proving fault is also a matter of evidence, and our article on what to discuss with your attorney about fault is on that subject.
How long do you have to sue after a boating injury in Texas?
Generally two years. Civil Practice and Remedies Code § 16.003 requires suit for personal injury not later than two years after the day the cause of action accrues. For an injury that results in death, the cause of action accrues on the death of the injured person, so the two years run from that date.
The section begins “Except as provided by Sections 16.010, 16.0031, and 16.0045,” so other provisions can change the period in specific situations. Those sections address other kinds of claims. A federal maritime claim can carry a different limit, as the next section explains. (Civil Practice and Remedies Code ch. 16) Waiting does not stop the clock, so an early look at the timeline is worth the time. A lawyer can also explain what a Houston personal injury lawyer does at each stage.
When could maritime law apply to a boating accident?
Sometimes, and that question belongs to counsel. Federal maritime law can set a three-year limit for a maritime tort under 46 U.S.C. § 30106, unless another law provides otherwise. Whether a particular lake or bay accident is a maritime tort depends on its facts.
Maritime law and Texas law can both bear on one accident, and the choice can affect the deadline and the way a case is argued. Federal maritime law also includes the Jones Act, which applies to seamen hurt while working. Our article on Jones Act claims for workers injured at sea is on that subject, which differs from a passenger or recreational boater on a day trip. (46 U.S.C. § 30106)
Galveston Bay and the Gulf waters near Galveston are also used by commercial vessels and their crews. Our Galveston maritime injury page is the place for that area, and workers on offshore vessels can also read about injury claims for offshore workers. Injuries on job sites that involve vessels are covered in maritime law for job-site accidents.
What does a reported Lake Conroe crash show about speed?
In a 2021 crash on Lake Conroe near the Walden golf course, court documents said witnesses saw the boat going about 47 miles per hour before it crashed. Four people were on board, one of them called 911, and a man was later charged in the deadly crash, according to ABC13’s reporting.
ABC13’s report of Saturday, 11 September 2021 says the boat crashed early that Saturday and that the driver had been charged. Those are allegations in court papers, not findings, and this article does not name the people involved. The story shows how a witness’s speed estimate can become central evidence, and our article on witness statements in Houston crash cases is on the same subject. (ABC13, “Man charged in deadly boat crash in Lake Conroe,” 11 September 2021)
The 2025 state data lists excessive speed as a contributing factor in nine incidents, with two people injured and one death. Speed is one of several reported causes, so an operator’s account, the witnesses and the incident description are read together. Our boating accident lawyers page is the place to start for injuries on these waters.
What should you do in the first week after a boating injury?
Get medical attention, record what happened while it is fresh, keep the operator’s written details and vessel identification, and speak with a Houston personal injury lawyer before giving a recorded statement to any insurer. Those steps protect your health and your evidence, whichever law ultimately governs the claim.
Keep every bill, every visit note and the names of the doctors who treat you, since our article on the types of damages a claimant can seek shows what those records support. Early photographs of the vessel and the water are the kind of evidence described in our article on the photographs that support a claim. Do not sign a release or accept a payment before you know what the injury will cost, because a settlement is generally final. If you are weighing a lump sum against periodic payments, our article on structured settlements and lump sum payments weighs that choice. An insurer that is slow to respond is the subject of the piece on insurance that stalls, and one of the early requests is covered in the note on records and adjusters.
Frequently asked questions
More general questions are answered on our frequently asked questions page.
What should I do first if I am injured in a boating accident on a Texas lake?
Get medical care, even if the injury seems minor. Ask the operator for his or her name, address and vessel identification in writing, because Parks and Wildlife Code section 31.104 requires the operator to give them to an injured person. Write down the time, the place and the names of anyone who saw the crash.
Does a boating accident have to be reported to Texas Parks and Wildlife?
Not every accident. Under Parks and Wildlife Code section 31.105, the operator must give a full description to a game warden or marine safety enforcement officer within 30 days when the incident caused a death, an injury needing medical treatment beyond first aid, or property damage above the threshold. TPWD lists that threshold as $2,000.
Is it a crime to operate a boat after drinking in Texas?
It can be. Penal Code section 49.06 makes it an offense to be intoxicated while operating a watercraft. Intoxication includes having an alcohol concentration of 0.08 or more. The base offense is a Class B misdemeanor with a 72-hour minimum term of confinement.
How long do I have to sue after a boating accident in Texas?
Generally two years under section 16.003 of the Civil Practice and Remedies Code. For an injury that causes death, the cause of action accrues on the death of the injured person. A federal maritime claim can carry a different limit, so confirm your deadline with a lawyer soon after the accident.
Can more than one person be responsible after a boating crash?
Yes. Texas bars recovery when the claimant’s own share of responsibility is more than 50 percent, under the proportionate responsibility rule in section 33.001. Whether an owner, a rental company or a manufacturer can be responsible depends on the facts and on the law a lawyer applies.
Can a boating accident on Galveston Bay be handled under maritime law?
That depends on the facts, and it is a question for counsel. If a claim is a maritime tort, the federal limit in 46 U.S.C. section 30106 is three years, subject to any other law that applies.
After a crash on a lake or on Galveston Bay, the boat’s registration, the operator’s insurance details and any marine-patrol report are the papers worth gathering before a call. The questions to put to a personal injury lawyer and the piece on what fees look like in a Houston injury case help with comparing firms, the Galveston maritime injury page covers bay-side cases, and the about us page introduces the attorneys. Details of your own boat crash can be sent through the contact page.
About the authors
Sam A. Maida, Jr.
Owner and Managing Attorney
Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.
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Bernard G. Johnson III
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.