Austin Boat Accident Attorneys, Texas

What are the causes of boat accidents in Austin?

Boating accidents are often the result of:

Boating while impaired. The use of alcohol by boat drivers is one of the most common reasons for accident. In fact, Texas law imposes standards for alcohol levels for boat drivers just like drivers of automobiles. Boat operators, just like drivers, must be have the judgment to operate at safe speeds and the reactions to avert unsafe situations that arise on the water when others are reckless. A boat driver impaired by drugs or alcohol puts everyone at risk – the boat occupants as well as other boats on the water. In Texas, it is illegal to operate any type of boat, jet ski, or other water vessel while intoxicated. A blood alcohol content of 0.08% or greater is considered “intoxicated.” Further, it is illegal to operate any watercraft if your mental or physical faculties are impaired, even though your BAC may be below 0.08%. In Texas, almost 50% of the boating accidents involve alcohol or drug use.

Operator inexperience. Operating a watercraft, just like driving a car, demands experience and expertise. This is why Texas Parks and Wildlife (TPWD) requires that any potential operator born after September 1, 1993 successfully complete a TPWD-approved course in order to operate a vessel if the boat is equipped with  a motor of at least 15 horsepower OR it is a wind-powered vessel more than 14’ in length. However, one course is not enough to make an operator safe. Boat driver inexperience, usually accompanied by poor judgment, can be a fatal combination.

Reckless, speeding, or negligent operators. Boat operators owe their guests (or patrons) a duty of care. When an operator is speeding, distracted, or failing to follow the laws which govern boat safety in Texas, he or she puts people at risk.

Equipment defects. A defective boat condition or part can result in all kinds of dangers. Escaping a boat on fire is a much different proposition on the water than on land. An otherwise survivable boat accident can turn into a tragedy when a passenger puts on a defective life jacket or there are not enough life jackets and approved flotation devices for all passengers. Many drownings in the aftermath of a boat accident are tragically preventable just by having the correct safety equipment on board and instructing passengers how to use it.

Bad weather. Boat operators must pay close attention to weather which can change rapidly and unexpectedly over water. Certain bodies of water are large enough to have their own weather systems during certain times of the year. The responsibility for knowing and checking weather forecasts rests on the driver or operator’s shoulders. The worst transgression is a driver or operator who elects to proceed launch a boating excursion in the face of developing bad weather. Sadly, there are far too many examples of boating accidents that resulted from a driver or operator doing the wise thing and cancelling a boating trip when dangerous weather conditions are imminent.

Low Light or Low Visibility Conditions. Like bad weather, boat drivers and operators should plan carefully before embarking upon an excursion in low light or low visibility conditions. All required boat lights much be checked to ensure that the boat is visible to other boat drivers. Speed is an important factor is boat accidents after dark or in low visibility conditions such as fog. Unlike automobiles, boats are not required travel along a prescribed path and boats can converge on each other from each direction. A common boating accident scenario in low light or low visibility conditions is a collision, usually at higher speed, between two boats, or a boat and fixed object, such as a dock, which resulted from the boat operating having inadequate reaction time to avoid the danger. Human reaction time does not improve as the boat speed increases, so reduced speeds and well-lit boats are imperatives when operating in low light or low visibility conditions.