HOUSTON Boat ACCIDENT Attorney

How Can Our Boat Accident Attorneys Help?

Initial investigations after a boat accident are a very important step to help preserve your rights and options. While the Parks and Wildlife Department generally investigates serious injury or wrongful death boat crashes, it’s important to have your own team analyze the cause of the accident.

According to Section 31.104 of the Texas Parks and Wildlife Code and operator after a boat after an accident is required to:

• Render assistance to other people as may be practical and necessary
• Exchange names, addresses, and identification of the boat in writing to any person injured or the owner of any property damaged in a boat accident.

Additionally, a boat accident must be reported to the department within 30 days after the boat accident with appropriate information. If the boat accident results in the death the incident must be reported within 48 hours.

Rules That Apply To Boating

Often, boat accidents are caused by inexperienced operators. Mandatory boat operator education is required for anyone who was born after September 1, 1993, to operate a personal watercraft and certain motorboats.

Children younger than 13 years of age must wear a life jacket while in the boat that is less than 26 feet in length.

Right-of-way and other rules apply to boat accidents as they do to car accidents in the state of Texas.

Boat Accident Statistics in Texas

Since Southeast Texas is not the only host to the Gulf of Mexico but is also home to many other waterways, it is no surprise that boating is a favorite past time for Texans. This outdoor activity not only allows one to enjoy the fresh air and Texas’ waterways, but it also allows one to relax. However, many times this relaxation and enjoyment of the water can lead to very serious consequences. According to the Coast Guard, in one year alone, there were an estimated 4,062 accidents that involved 560 deaths.  And there were approximately 2,620 injuries, which then resulted in an estimated $39 million of damages as because of recreational boating accidents.

Moreover, the research also indicates that, when it came to recreational vessels, the fatality rate was 4.7 deaths per 100,000 individuals.

Despite the slight decrease in boating accident deaths recently, one should still be aware of the facts.

Boating Accident Facts

• In cases where the cause of death was known, 77% of fatal boating accident victims drowned. Of the individuals who drowned, 84% were reported to not have a life jacket on during the incident.
• Only 20% of all deaths occurred on boats where the operator had received boating safety instruction. Additionally, only 13% of deaths occurred on vessels where the operator had received boating safety instruction from a NASBLA-approved course provider.
• An estimated 8 out of every 10 boaters who drowned were using vessels less than 21 feet in length.
• Operator inattention, improper lookout, operator inexperience, excessive speed, and machinery failure rank as the top five primary contributing factors in accidents.
• Alcohol use is the leading known contributing factor in fatal boating accidents; where the primary cause was known, it was listed as the leading factor in 16% of deaths.
• Twenty-two children under age thirteen lost their lives while boating in one year. Eight children or approximately 36% of the children who died, died from drowning. Two children or 25% of those who drowned were wearing a life jacket as required by state and federal law.
• Where data was known, the most common types of vessels involved in reported accidents were open motorboats (46%), personal watercraft (18%), and cabin motorboats (17%).

As one can see, there are many ways that accidents and fatalities related to recreational boating activities can be lessened. For instance, one of the most important ways is proper training of the operator and to obey all laws. It is  essential to ensure that life jackets are worn when boating and should always be on board to prevent accidental drowning.

For more Texas boat accident statistics click here.

Reporting A Boat Accident

Boating accidents may occur with any type of vessel including motorboats, jet skis, canoes, kayaks, pontoon boats, sailboats, and any other vessels. An accident is an event or series of events that cause property damage, injury, or death. The U.S. Coast Guard lists some of the most common types of accidents as:

• Hitting a fixed object
• Collision with another vessel
• Running over floating object, including swimmers
• Running aground, sinking or flooding
• Fire or explosion
• Mishaps that involve a person on a towable object
• Someone falling overboard
• Capsizing

The U.S. Coast Guard indicates that most boating accidents involve some level of negligence. Also, Federal law requires the boat operator to report a boating accident any time the accident results in a personal injury, fatality, damage to property of more than $2,000.  Or when a boat is destroyed, and when a person aboard a vessel goes missing.

A problem in Texas is people behind the wheel of the boat who are inexperienced in its safe operation.  Especially when Texas legislature required training, the fact remains that people operating boats without proper training cause a good number of accidents.