Texas Boat Accident Lawyers

The rules and regulations change when you are operating a vessel offshore or in open water. If you suffered an injury while in the Gulf of Mexico or while operating in waters outside of Texas, we can help.

What are common causes of boating accidents in Texas?

Many boating accidents occur due to negligence, whether another boater’s negligence, or as a result of defective equipment. At Slack Davis Sanger, we are skilled at showing that water accidents are due to one or more of the following causes:

Operating while intoxicated. Almost half of all boating accidents involve alcohol or drugs. It is illegal to operate a watercraft while intoxicated in Texas; the legal standard of .08 blood alcohol content (BAC) applies on water as it does on land. However, an operator who is mentally and/or physically impaired in any way cannot operate or boat, jet ski, or other watercraft in Texas, even if she or she has a BAC under the legal limit. Operating a boat while intoxicated is similar to operating a car while intoxicated. Drunk operators cannot control their boat and cannot anticipate dangers. Other boats and swimmers have no way of steering clear of an impaired boat operator.

Operator inexperience/lack of training. All boat operators should take educational courses for their type of boat. Inexperienced operators should navigate their boats with the help of experienced operators. The Texas Parks and Wildlife Department (TPWD) requires that anyone who turns 18 on after September 1, 2021, must complete an authorized TPWD boater education course if they operate a motorized boating vessel with more than 15 horsepower or a windblown vessel over 14 feet in length. One safety course is not really enough, though, to ensure that an operator will be safe and prepared. Texas has many laws that govern boat operation, boat ownership, and boating safety. There are different laws for operating boats and for operating personal watercraft. An operator must know and abide by all of them. Failing to do so can lead to catastrophe.

Negligence, speeding, and recklessness. Many Texas boating accidents happen because operators are distracted or fail to follow standard rules for a particular type of boat. Speeding is a common cause of boat accidents, too.

Defective boating or safety equipment.  Manufacturers have a duty to ensure their boats, boat parts, and safety equipment work. Defective boats can cause fires, electrical accidents, navigational accidents, fuel line leaks and explosions, carbon monoxide poisoning, and other incidents that lead to catastrophic injuries and losses. It is critical that operators ensure their boats are seaworthy and that they have enough safety equipment on board for all passengers.

Low visibility and poor weather. The weather can make it hard to see and hard for others to see you. Boaters and watercraft operators need to prepare for bad weather, including knowing when they should stop, what they can do to avoid accidents, when they should get off the waterway, and when they should avoid leaving the dock at all. Operating a boat at night or in low visibility is especially dangerous; it is not as if boats and jet skis have lanes they can follow, as cars and trucks do. The risk of collision is high, and there are increased challenges to search and rescue efforts at night and in foggy situations.

According to the Texas Parks & Wildlife Department, in 2020 boating accidents were at a 30-year all-time high. “More than 70 percent of boating accidents that occurred in 2020 were on open motorboats or personal watercraft.”