Among the vastly different terrains that Texas is home to, there are significant bodies of inland freshwater rivers and lakes, as well as an entire Southern Gulf Coastline.
With water comes boats and the recreational opportunities of water skiing, fishing, sailboat racing, swimming, and just enjoying the scenery and serenity of being on the water. Texas ranks sixth in the nation for most registered and owned watercrafts, which rounds out to about 600,000 registered boats.
Unfortunately, with so many boats, accidents are bound to happen for a variety of reasons. In many cases, boaters fail to have sufficient life jackets or to make young children (younger than 13 under Texas law) on board wear one. As a result, nearly 85 percent of fatalities occur because the victim was not wearing a life jacket. Also, almost half of all boating accidents have some alcohol involvement.
There are thousands of boating accidents yearly involving sailboats, speedboats, cigar boats and yachts, and personal watercraft accidents while water skiing, wakeboarding, or jet skiing.
Many of these operators are inexperienced, drive recklessly or negligently, and have little knowledge of boating laws, resulting in collisions and other incidents. In some cases, equipment failure or design flaws can lead to tragic accidents and injuries.
If you have been involved in an accident, contact our Austin boating accident lawyer.
We offer free consultations.
Discover How A Boating Accident Attorney Can Help You Recover From Your Injuries
Boat accident injuries can include:
Head injuries
Disfigurement
Carbon monoxide poisoning
Burns
Amputations
Broken limbs
Drowning
Spine injuries
These injuries can have severe, long-lasting effects on your life. Our experienced attorneys can help you navigate the legal process to seek compensation for your injuries, medical bills, lost wages, and pain and suffering.
Legal Obligations Of Boat Operators
A boat is considered a motor vehicle under Texas law. As such, you can be arrested and convicted of BUI (Boating Under the Influence). Like any other motor vehicle driver, your blood alcohol content must be under .08 percent, or you face the loss of your driving privileges and possible incarceration.
Boaters also have to exercise reasonable care while operating a boat. This includes:
Maintaining a safe speed
Staying alert for other boats, swimmers, and objects in the water
Keeping a safe distance from other vessels and obstacles
Adhering to all Texas boating laws and safety regulations
It is also recommended that you have a fire extinguisher onboard, even if your class or type of boat does not require it. This extra precaution can be crucial in emergencies.
If you are involved in a boating collision, Texas law requires you to:
Render aid and assistance to any injured parties
Provide your name, address, and boat identification to any injured people
Report the accident to the Texas Parks and Wildlife Department
For accidents resulting in injuries or damage of at least $2,000, immediate notification is required. Otherwise, you must report the accident within 30 days. Get in contact with our Austin boat accident attorneys for legal assistance.
Causes Of Boat Accidents in Austin, TX
Boating accidents can occur for various reasons, often due to multiple factors.
Inexperienced or Inattentive Operators
Most boat accidents are caused by inexperienced and inattentive operators. Operating a boat is significantly different from driving a car or truck. Maneuvering a boat is more challenging because:
Water is more fluid than land, making it harder to stop or change direction quickly.
There are no clearly defined “lanes” on the water.
Weather and water conditions can change rapidly.
Environmental Factors
The natural environment plays a crucial role in boating safety:
Weather conditions: Storms, rain, and high winds can make boating dangerous.
Wave quality: Understanding the wave patterns in your boating area is essential.
Visibility: Fog, darkness, or glare can impair a boat operator’s vision.
Unlike maintained roads, water conditions are unpredictable and can’t be controlled, making it essential for operators to stay vigilant and adapt to changing conditions.
Boat Condition and Size
The condition and size of the boat significantly affect safety:
Larger boats are generally more stable and safer than smaller ones.
Regular maintenance is crucial to prevent equipment failures.
Overloaded boats are at higher risk of capsizing.
Other Common Causes
Additional factors that contribute to boating accidents include:
Intoxication: Operating a boat under the influence of alcohol or drugs
Speeding: Especially in areas with high traffic or near swimming zones
Distraction: Not paying full attention to the surroundings
Collisions: With other boats, docks, or underwater obstacles
Equipment failure: Due to poor maintenance or manufacturing defects
Design flaws: In the boat or its equipment
Boat operators must have a whistle, bell, or horn onboard and must refrain from operating at night if proper lighting is unavailable.
Risks of Falling Overboard: Understanding Potential Injuries and Dangers
Being thrown overboard can lead to hypothermia as well as panic from disorientation. The effects are heightened if you are intoxicated. Other injuries include:
- Head injuries
- Disfigurement
- Carbon monoxide poisoning
- Burns
- Amputations
- Broken limbs
- Injuries that lead to drowning
- Spine injuries
How to Prevent Boating Accidents In Austin
Research Local Boating Laws
Before going on a boat trip, research boating laws in the state where you will be going. Keep in mind that each state has its own boating laws.
By familiarizing yourself with the boating laws, you can help avoid committing violations that will put your life at risk. Second, you should never operate a boat under the influence of alcohol. Boating is no easy feat.
You need to be fully alert and aware of what is happening around you. If you have been drinking, you will find it difficult to do this. Before going on a boat trip, make sure that the proper safety equipment is on board.
Such equipment includes life jackets and fire extinguishers. Also, ensure that the boat’s fuel system is properly maintained. It is also crucial to hire an experienced boat accident attorney immediately after a boating incident to navigate the complexities of maritime law and ensure proper compensation.
Steps To Prevent Capsizing
Capsizing is the most common cause of personal injuries during a boat ride. Lucky for you, there are many steps you can take to prevent the boat from capsizing.
First, you must ensure that the boat is secured on the dock before you load it. It is also recommended that passengers never enter a boat while they are carrying things.
Passengers should also stay in the center of the boat to prevent it from tipping. Everyone should stay away from the sides of the boat.
There have been cases where people fell overboard while sitting or leaning against the side of the boat. By following these simple rules, you can prevent boat accidents that may lead to minor or major injuries. In the unfortunate event of a boat injury case, it is crucial to reach out to experienced attorneys for guidance to secure maximum compensation.
Liability Of A Boat Operator
Operating a boat takes more training and awareness than driving a motor vehicle. The pilot or captain is also responsible for the passengers, including ensuring that enough life jackets are onboard and that children under 13 are wearing them under Texas law.
The pilot or operator is also obligated to see that passengers do not overindulge in alcohol so that their condition or behavior does not pose a serious safety risk to themselves and others. A pilot must be on the constant lookout for objects in the water, be aware of the water depth, weather, and potential storms, and maintain appropriate speed when other boats are nearby or if entering or near the coast or swimming areas.
If the boat drops anchor in the water, the pilot must take care that no guests are in danger from the motor propeller and that they safely return to the boat before the boat pulls anchor and leaves the area. The principles of negligence apply to a boat operator’s conduct and if that conduct falls below what is expected of a reasonable boat pilot under similar conditions.
Understanding Rules Of The Road
When it comes to proving who is at fault, you should have a good understanding of the rules of the road. When we say rules of the road, we are referring to regulations that govern the etiquette of boats with each other while they are on the sea. The main purpose of these rules is to prevent collisions. With this in mind, you should understand that two types of rules govern boating.
The first one is international navigation rules, which are standardized all over the world. Boats from different countries must all follow these rules when they come across each other. The second type, inland navigational rules, vary from one region to another. Both sets of rules play an important part in determining who is at fault in a boat accident.
COLREGS
You should also know about COLREGS, or collision regulations when determining who is at fault in a boat collision. By understanding the simple policies that come with this, you can determine which vessel is the stand-on boat and which is the give-way boat. By looking at this simple factor, you can determine which boat caused the accident.
The Various Rules
When it comes to special situations, other rules you should consider include: Look Out (Rule 5), Safe Speed (Rule 6), Risk of Collision (Rule 7), Action to Avoid Collision (Rule 8), Narrow Channels (Rule 9), Head-On Situation (Rule 14) and the Crossing Situation (Rule 15).
Boating Accident Statistics in Austin
According to the Texas Parks and Wildlife Department, Austin’s popular lakes witnessed 175 boating incidents in 2023, highlighting the need for increased water safety awareness.
Lake Austin reported 9 incidents resulting in 13 injuries and 1 fatality, while nearby Lake Travis saw 18 incidents with 23 injuries and 3 fatalities. Combined, these accidents caused over $167,000 in property damage.
Statewide Impact
Texas experienced 175 boating incidents in 2023, causing 97 injuries and 28 fatalities. While the fatality rate decreased by 25.7% from the previous year, it still stands at 5 deaths per 100,000 registered vessels.
Key Factors in Boating Accidents
Vessel types: Open motorboats (43%) and personal watercraft (34.6%) were most frequently involved.
Primary causes: Operator inattention, careless operation, and inexperience topped the list.
Timing: Incidents peaked in July, with weekends and afternoons being particularly hazardous.
Operator Demographics
The majority of operators involved in incidents were male (89.3%), with the 21-30 age group being most at risk. Notably, 38.3% of operators lacked formal boating safety education.
Steps To Take After A Boating Accident in Austin
In a boat accident, attend to your medical needs first. It is crucial to keep records of all medical bills as they can be essential when seeking compensation for damages. Seek help from a medical professional. You must secure a medical certificate as proof that the accident took place. This is important if you think the other party is responsible for the accident. Aside from this, you also should talk with an Austin personal injury attorney who can help with your claim.
What Byrd Davis Alden & Henrichson, LLP, Can Do
As Austin personal injury attorneys, we are experienced in negligence law as it applies to boating accidents and Texas boating regulations.
When an accident occurs, we will investigate the scene, interview witnesses, obtain relevant documentation, determine if any state boating regulations have been violated, and have the boat examined for equipment failure; collision, explosion, or fire damage; design flaws; or other circumstances.
In many cases, multiple parties are liable for the accident and resulting injuries. It is crucial to file a boat accident claim within the statute of limitations, which is two years for bodily injury claims in Texas, to avoid losing the legal right to seek compensation.
For more than 50 years, Byrd Davis Alden & Henrichson, LLP, has brought justice to victims of all types of car accidents, including those involving boats and personal watercraft. In 2010, our firm achieved the first and only verdict in the country against a boat manufacturer for propeller injuries that could have been prevented if the manufacturer had used the simple protection of a guard around the spinning propeller.
Contact Our Austin Boat Accident Attorneys for a Free Consultation
Our Austin boat accident lawyers are committed to helping you recover the maximum compensation to which you are entitled under the law. When someone else’s negligence has caused personal injury or wrongful death, call us or contact us to arrange a no-cost, no-obligation, and confidential consultation to discuss your case.
