Spending time on the water is supposed to be peaceful and relaxing. Boating offers a kind of escape you do not get on land. However, as amazing as it seems, things can go wrong fast. The U.S. Coast Guard reported that there were 2170 injuries and 550 deaths in 2024, numbers that remind us just how dangerous the waters can be when something goes wrong.
Unfortunately, when a boating accident happens, most people are not prepared. There is confusion, shock, and a lot of uncertainty about what to do next. Who is responsible? What are your rights under Texas law? What are the legal options?
At The Law Office of Luis A. Perez, PC, we understand how overwhelming this moment can be. So, what causes boating accidents in Texas, who can be held liable for resulting damages, and what are your legal options if you have been hurt?
Common Types of Boating Accidents
Boating accidents can occur in various ways, each presenting its own unique risks. The common ones include the following:
- Boat-To-Boat or Boat-To-Object Collisions
The most frequent type of boating accident involves collisions, which occur when two boats crash into each other or when a boat strikes a rock or another stationary object. These crashes can cause catastrophic injuries like spinal cord injuries or traumatic brain injuries (TBIs) because passengers are thrown, tossed, and pinned.
- Drowning or Overboard Accidents
Drowning is one of the leading causes of boat-related deaths. Many victims end up in the water unexpectedly from falling overboard, slipping, or being struck during a crash. This is why it’s crucial to have a life jacket on, even if you are a strong swimmer. The shock, cold water, or strong currents can make one struggle to swim to safety.
- Personal Watercraft Accident
Jet skis are fun, fast, and highly maneuverable. Unfortunately, if the operator is inexperienced, rides at high speeds, or weaves between boats, this can easily turn into a dangerous situation. Injuries from a jet ski accident can include broken bones, deep cuts, and even head trauma.
- Cruise and Tour Boat Accidents
Even large vessels can encounter serious accidents, ranging from slips and falls to equipment failures and emergencies, such as fires. Since these boats carry many passengers, even a minor safety issue can affect dozens of people.
Major Causes of Boating Accidents
Texas lakes can become crowded, especially during the summer. Many accidents typically stem from:
- Inexperienced or untrained operators
- Boating under the influence
- Distracted driving
- Hazardous waters or sudden weather changes
- Overloading
- Poor boat maintenance
- Violating navigation rules
Even one careless decision on the water can lead to devastating consequences.
Who Can Be Liable in a Boating Accident?
Determining liability is one of the most essential steps in any boating injury claim. Depending on your situation, several parties could be responsible.
The Boat Operator
A boat operator is expected to control the vessel safely. If they were speeding, drinking, ignoring waterway rules, or simply not paying attention, they could be liable.
The Boat Owner
Even if the boat owner wasn’t driving, they may still be responsible for a boating accident. This may be the case if they knowingly allowed someone inexperienced, untrained, or impaired to operate their boat.
Rental Companies
Boat rental companies must maintain their vessels and properly train renters. If a boating accident occurs due to a poorly maintained boat or inadequate instructions, the rental company may be liable.
Manufacturers
If the accident occurred due to a mechanical or design defect, such as engine failure, steering issues, or faulty safety equipment, the boat or parts manufacturer may be held responsible.
Passengers
While this is not common, passengers can contribute to accidents by distracting the driver or acting recklessly.
Other Boaters
If another boat’s operator caused the crash, they can also be held at fault.
Legal Options After a Boating Accident in Texas
Generally, you have two paths to pursue compensation following a boating accident in Texas:
- Filing an Insurance Claim
Many boat owners carry liability insurance for their vessels, although Texas does not require boaters to have it. If the at-fault party has insurance, you can file a claim for:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
However, insurance companies often try to minimize payouts. If the settlement is unreasonably low or the insurer denies liability, it might be necessary to consider the second option.
- Filing a Personal Injury Lawsuit
If the at-fault party’s negligence caused the accident and injuries, you can file a personal injury lawsuit. For example, if a drunk boat operator crashed into your vessel, you have the right to file a lawsuit for your injuries and damages.
To succeed, you must prove these four elements:
- Duty of care: The other party had a responsibility to operate safely
- Breach: They violated that duty, whether by drinking, speeding, or careless navigation.
- Causation: Their actions directly caused the accident
- Damages: You suffered physical, emotional, or financial harm from the accident.
Evidence such as medical records, accident reports, photos, videos, and witness statements can support your case.
Compensation You Can Recover After a Boating Accident
You may be eligible for a wide range of damages, including:
Economic Damages
These may include medical bills, lost wages or income, future loss of earning capacity, and property damage.
Non-Economic Damages
These may comprise pain and suffering, long-term disability, loss of enjoyment of life, and emotional distress.
Punitive Damages
These may be available if the other party acted with extreme recklessness, such as operating the boat while highly intoxicated.
Our Texas Boating Accident Injury Attorney is Here to Protect Your Legal Rights
A boating accident can turn your world upside down in seconds. Between medical treatment, insurance calls, and questions about liability, navigating the aftermath of the accident can feel impossible. But you don’t have to figure it out by yourself. At The Law Office of Luis A. Perez, PC, we can help you understand your rights, pursue compensation, and hold the negligent parties accountable. If you or a loved one was injured on the water, we are here to offer personalized guidance. Don’t wait. Contact us today to schedule a consultation and get the support you need during this overwhelming time.