Austin Boat Accident Attorneys

Texas Boating Laws

Texas has extensive boating safety regulations in the Water Safety Act. The law specifies the safety equipment (flotation devices, lights, distress signals, etc.) that is required for each type of boat, including motorboats, sailboats, and boats that are “manually propelled.” In addition, the requirements of the United States Coast Guard Inland Rules are in effect while boating in waters to which those rules apply. Regulations also govern the operation of boats, including speed, water skiing, operation around other boats, swimmers, etc.

Texas laws include mandatory boater education before being allowed to operate most boats and a requirement that children under 13 wear life jackets at all times when on smaller boats that are underway.

What to Do If You Are Involved in a Boating Accident

The state’s Water Safety Act specifies what the operator of a boat that has been involved in an accident must do:

• Help others to rescue them and minimize any further danger, to the extent that doesn’t expose his own crew, passengers and vessel to “serious danger”
• Provide his name and address, as well as the identification of his vessel, in writing, to anyone injured or who owns property damaged in the accident
• The law also requires that an accident report be filed within 30 days for any incident that involves death or injury, but specifies that the reports not be used as evidence in court

If you are involved in a boating accident, make sure to share contact information with the others involved. Always seek medical attention, even if you believe that you are not seriously injured. And, as soon as possible, contact an experienced boat accident lawyer in Austin who can help you work to defend your right to compensation.

Kinds of Boating Accidents

Almost all boating accidents involve one of the following scenarios:

• Collision between two boats; both may be at fault, but liability may be affected by the nature of the boats (sailboats, for example, may be deemed less at fault than a motorboat in a collision between the two)
• A boat hitting the wake of another boat (most cases involve passengers being thrown about; extreme cases may cause an overturn)
• A boat hitting a natural wave (the consequences are similar to hitting a wake, but larger waves may swamp the boat)
• A boat striking objects on or, more often, under the water (including rocks and land)

In all these types of accidents, liability for causing the accident frequently depends on how careful and how alert the operator was. Speeding makes an accident more likely, as does inattention while operating the boat. Simple things like eating, talking, listening to music and, of course, drinking, make it much harder for the operator to spot imminent problems.

Common Causes of Fatal Boating Accidents

Statistically, fatalities from boating accidents involve:

• The victim falling overboard while not wearing a life jacket
• Open motorboats
• Boats operated by a person between 26 and 50 years of age
• Incidents occurring on a weekend between the hours of noon and 7 p.m.

The Role of Alcohol

Alcohol is estimated to play a role in half of all boat accidents. Texas boating regulations allow the arrest of any boat operator who appears to be impaired or who is determined to have a blood alcohol level of 0.08 percent or higher. The intoxicated operators face jail time, fines, and the loss of license to operate boats. The importance of the “BWI” charge to accident victims is that intoxication at the time of the accident can help establish that the operator was legally at fault.