TEXAS BOAT ACCIDENT FAQS

A boat accident in Texas is any incident involving a watercraft that results in death, injury, or property damage. This can include collisions with other boats or objects, capsizing and sinking, fire/explosion, and falls overboard. It also includes incidents caused by negligence or recklessness of the captain or crew.

Boat operators are responsible for operating their vessels safely and avoiding collisions with other boats. In general, smaller boats should give way to larger ones and non-motorized boats should give way to motorized ones. However, the specifics may vary depending on the type of body of water.

In Texas, if you were born after September 1, 1993, you must have a valid boating license to operate a boat. This requirement is crucial because operating without a license can impact your liability in an accident case. It may also affect the determination of negligence, potentially reducing your ability to recover damages. Additionally, if you were operating a boat under the influence of alcohol or drugs at the time of the accident, it can also impact your liability and potential legal consequences.

Yes, as with any vehicle or vessel, you can be held liable for a boating accident in Texas if your negligence or recklessness caused or contributed to the incident. This includes not following safety regulations, operating while intoxicated, and not properly maintaining your boat. If found liable, you may be responsible for covering damages to property and/or personal injury expenses.

If you’re involved in a boat accident, it’s essential to:

• Immediately stop your boat at the scene of the accident.
• Provide assistance to any injured parties, as required by law.
• Report the accident to the local authorities if there are injuries, fatalities, or significant property damage.
• Gather evidence, including photos of the scene and contact information from witnesses.
• Seek legal advice promptly to protect your rights.

Negligence in a boat accident is determined by examining several factors:

• Speed and whether it was appropriate for the conditions.
• Lookout and whether the operator was maintaining a proper watch.
• Adherence to rules of the road, such as right of way and navigation markers.
• Condition of equipment and whether it was maintained properly.

Failure to comply with these factors could indicate negligence.

The statute of limitations for filing a boat accident lawsuit in Texas is generally two years from the date of the accident. This means you have two years to initiate legal proceedings; otherwise, you may lose the right to pursue compensation. However, if the accident resulted in a fatality, there may be exceptions to this timeline.

In a boat accident case, you may be entitled to recover:

• Medical expenses for treatment related to the accident.
• Lost wages if the accident impacted your ability to work.
• Property damage for repairs or replacement of your boat.
• Pain and suffering for physical and emotional distress caused by the accident.

Yes, Texas follows the doctrine of comparative negligence. This means you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For instance, if you are found 30% at fault, you would receive 70% of the total damages awarded. It is essential to seek legal counsel in these situations to ensure your rights are protected.

Texas law strictly prohibits operating a boat under the influence of drugs or alcohol. If it is found that a boat operator was impaired at the time of the accident, it could significantly impact the case. This includes increased liability for the intoxicated operator and potential criminal charges.