Boating Accidents in Texas: Understanding Liability and Safety Regulations

Boating accidents may not be as common as vehicle crashes, but serious physical injuries and emotional trauma are nonetheless common in these incidents. Occasionally, these boat crashes prove deadly, and the realization that someone's carelessness or disregard caused the incident is often even more distressing for victims.

You may find that you're eligible for compensation and other damages after you've been involved in a boat wreck. Contact a Texas boat accident attorney immediately following a collision to initiate the process of filing a claim for monetary compensation for injuries and damages. The Rasansky Law Firm has built a reputation for excellence and reliability over three decades, and our team is here to help you and yours if you've been hurt in a boat accident through no fault of your own.

Liability For Boating Accidents in Texas

Typically, a claimant can hold one or more of the following parties liable in a boat accident.

• The driver or operator of the boat: The operator has a duty of care to ensure they take reasonable precautions to ensure the passengers' safety.  For instance, operators shouldn't recklessly operate the vessel or watercraft while intoxicated. Should they engage in any of the aforementioned activities or fail to abide by marine law and local regulations, it's possible to establish their liability in the event of a boating accident.
• Recreational authorities and boat owners: When aboard a recreational vessel, the proprietor or operator must supply an authorized life jacket in pristine condition. It must correctly fit the wearer. Additionally, there must be sufficient life jackets for every passenger on board.
• Fellow passengers: If a passenger obstructs a boat operator's performance of their obligation or "duty of care," they may be liable. When an operator can prevent a passenger from behaving irresponsibly but fails, that operator may additionally be held liable for the accident.
• Manufacturers: If the boat is found to have a manufacturing defect, the manufacturer would be liable for the crash. Manufacturers of additional safety apparatus aboard the vessel, including life vests, may also be held culpable in the event of a malfunction.
• Boat rental companies: A crash victim can hold a rental company liable for a marine accident that occurred due to their failure to perform routine maintenance. For instance, if the rental entity discovered that its rental boat had a defect but did not make the necessary repairs, it could be at fault for accidents resulting from that defect. Though a victim typically must sign a waiver discharging such companies of any liability for injuries, the enforceability of said contract may be called into question, depending on the cause of a crash.

State and Federal Regulations in Boating Accidents

Federal regulations mandate that every individual onboard a vessel must be equipped with a life jacket of U.S. Coast Guard-approved type I, II, or III.  Moreover, children under thirteen must always wear a life vest when on vessels less than 26 feet in height.

Outside of safety regulations on life jackets, state and federal regulations apply to a boating accident. A handful of regulations govern watercraft accidents in Texas, where state law generally applies to boats in bodies of water that are not navigable or are utilized primarily for recreational purposes. The Texas Parks and Wildlife Code contains several boating provisions, including vessel and auxiliary motor ownership, mandatory boater education courses, mandatory accident documentation, and the responsibilities of boat operators in Texas. Boating under the influence is governed by the Texas Penal Code, which establishes the boater's liability for any damages sustained.

State and federal statutes share several identical regulations. Both laws make operating a boat while intoxicated a violation of the law, where your blood alcohol concentration cannot be 0.08% or higher while operating a boat.

Common Causes of Texas Boating Accidents

The causes of marine accidents across the United States can vary widely, but in Texas, two primary causes generally lead to boat crashes: maritime sector crashes and recreational accidents.

The Maritime Transportation System in Texas is an interconnected network of waterways and harbors that facilitates the transoceanic movement of people and commercial cargo. Analogous to an intricate transportation system, it guarantees each train's punctual and precise arrival. The Gulf Intracoastal Waterway links commercial routes to ensure the seamless movement of crude oil product exports and petroleum product imports. Thus, enormous containers of petroleum product cargo are imported and exported whenever rig personnel travel between locations, making a single error or accident potentially catastrophic.

Frequent causes of crashes within the maritime sector include ,but are not limited to:

• Transit-related collisions
• Cargo transportation crashes
• Electrocution, forklift, and crane accidents
• Hazardous spills and subsequent wrecks

In contrast to maritime accidents, recreational boat crashes are considerably less deadly. However, this does not mean that such incidents cannot result in serious injuries and even fatalities.

For the most part, negligence on the part of drivers and boat owners is the leading cause of these collisions. A few subsequent factors contribute to these incidents:

• Lack of operator expertise
• Intoxication by drugs or alcohol
• Excessive speed
• Engine malfunction
• Inclement weather
• Violation of safety regulations and local boating laws

Contact a Boating Accident Attorney in Texas

A boat accident can have a profound and life-altering effect on a victim. Victims often require urgent medical care, and a significant number require long-term care and treatment. It's important for victims and their families to retain a local attorney with experience managing boat accident injury claims and seek compensation for their damages, regardless of the type of vessel or watercraft involved.

Our team at Rasansky Law Firm believes that victims should never be required to spend tens of thousands of dollars on medical expenses and other damages for an accident that happened through no fault of their own. To this end, our boat accident lawyers in Texas offer assertive legal advocacy to secure compensation for our clients.

Contact our personal injury lawyers in Dallas at (214) 651-6100 for a free case review 24 hours a day, seven days a week if you were harmed in a boating crash in the state of Texas and have concerns about how to proceed with your case. Remember that you do not owe us anything unless and until we successfully win your case and you get the recompense you are due.