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Houston Boat Accident Attorneys

Our top-rated personal injury lawyers in Houston have been maximizing your compensation claims for over three decades. Let our experienced boat accident lawyers help your family! Boat accident injuries can be severe, including traumatic brain injuries and spinal cord injuries. Understanding compensatory damages is crucial for aiding in recovery and rebuilding.

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The vast majority of Texas boating accidents are caused by negligence.

Texas is a boater’s paradise with the square miles of inland lakes of any state in the union. Additionally, our coastline provides many more recreational opportunities for Texas boaters.

Like in car accidents, victims of boat accidents often have legal rights and options, and we offer a no-obligation consultation to answer questions and concerns after a boating accident.

Wondering what to do after a boating accident? Call us! (281) 587-1111!

For a free consultation, fill out our case review request form or call us at (281) 587-1111.

How Can Our Boat Accident Attorneys Help?

A Houston boating accident lawyer at Baumgartner Law Firm will help you with your accident case. Our nationally recognized personal injury law firm can answer your questions and take steps to protect your rights. We have been assisting victims in Texas for over three decades. It is crucial for boat accident victims to file a personal injury lawsuit within a specific timeframe to secure both economic and non-economic damages for their injuries and quality of life disruptions resulting from the boating accident.

Initial investigations after a boat accident are a crucial step to help preserve your rights and options.

While the Parks and Wildlife Department generally investigates severe injury or wrongful death boat crashes, it’s essential to have your team analyze the cause of the accident.

Our boat accident attorneys will investigate your case and generally will:

Call an experienced lawyer in Texas for boating accidents. (281) 587-1111!

Negligence in Boating Accidents

Boat operators must follow local, state, and federal laws that apply. The TPWD works with the U.S. Coast Guard to enforce the law and provide search and rescue missions.

The law enforcement agency is often called the “Texas Navy.” Like vehicle accidents on land, boating accidents are often caused by negligence.

negligent act is one that the operator knew or should have known was unsafe and could harm or injure another.

Some of the most common causes of boating accidents include inexperience, inattention, reckless operation, speeding, operating while impaired, equipment failure, and weather. About half of the reported boating accidents were caused by intoxicated driving (BWI).

Many people enjoy drinking alcoholic beverages while they are on their boats. The boat’s operator should never be impaired due to alcohol or drugs. An irresponsible boater may be held responsible for an accident and any damages and injuries.

The boat owner or operator must follow the Texas Water Safety Act and provide a safe vessel, including safety vests for all passengers. Failure to do so could be considered negligence.

How Alcohol Impacts Boat Operation

According to BUI Initiatives, as little as three drinks can put someone under 160 pounds legally under the influence to operate a boat in Texas.

According to the Coast Guard, a boat operator with a blood alcohol concentration above .08% – the legal threshold in Texas for those above 18 – is ten times more likely to be killed in a boating or jet ski accident than a person not drinking.

It is well known that drinking impairs judgment and encourages risk-taking, which can be disastrous for swimmers.

Swimmers can squirm out too far, take chances diving in shallow water, or even not realize they are in danger until it’s too late. Alcohol is a big part of many drowning cases.

Fatal boating accidents involving alcohol use are at a rate higher than fatal car accidents. Almost 2/3 of fatal boating accidents involve alcohol use. Studies have shown that the chances of being in a boating accident are greatly enhanced by whether the operator drinks.

Just as alcohol impacts a driver’s ability to control a car, it also affects a boater’s judgment leading to tragic consequences.

Designate a driver for your boat, keep your passengers safe, and enjoy the summer for years to come.

Drinking and boating accidents

What is Required After a Boat Accident in Texas?

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

Additionally, a boat accident must be reported to the department within 30 days of the accident with appropriate information. If the boat accident results in death, the incident must be reported within 48 hours. It is important to note that the statute of limitations for filing a boating accident claim in Texas is typically two years. The claims process can be complex, involving interactions with insurance companies and potential legal action.

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Rules That Apply To Boating in Texas

Inexperienced operators often cause boat accidents. Anyone born after September 1, 1993, must receive boat operator education to operate a personal watercraft and certain motorboats.

Children younger than 13 must wear a life jacket while in a boat 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 Houston

Boating accidents are a significant concern in Houston, with the city’s numerous lakes, rivers, and coastal areas making it a popular destination for boaters. According to the Texas Parks and Wildlife Department, there were over 200 boating accidents in Houston in 2020, resulting in 15 fatalities and over 100 injuries. These alarming numbers highlight the importance of adhering to safety regulations and being vigilant while on the water.

The most common causes of boating accidents in Houston include operator inattention, excessive speed, and failure to follow boating safety regulations. These factors underscore the need for experienced boat operators and the importance of proper training and awareness. If you or a loved one has been involved in a boating accident, consulting a Houston boating accident attorney can help you navigate the complexities of your case and seek the compensation you deserve.

Despite the recent slight decrease in boating accident deaths, 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 drowned were using vessels less than 21 feet in length.
  • Operator inattention, improper lookout, inexperience, excessive speed, and machinery failure are the top five primary contributing factors in accidents.
  • Alcohol use is the leading 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 or approximately 36% of the children died from drowning. Two children, or 25% of those who drowned, were wearing a life jacket as state and federal law required.
  • 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 to lessen accidents and fatalities related to recreational boating activities. One of the most important ways is proper operator training and obeying all laws.

It is essential to ensure that life jackets are worn when boating and should always be on board to prevent accidental drowning.

Reporting A Boat Accident

Boating accidents may occur with any vessel, including motorboats, jet skis, canoes, kayaks, pontoon boats, sailboats, and 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:

boat at lake houston

The U.S. Coast Guard indicates that most boating accidents involve negligence. Also, Federal law requires the boat operator to report a boating accident any time the accident results in a personal injury, fatality, or damage to property of more than $2,000. Or when a boat is destroyed and a person aboard a vessel goes missing. A problem in Texas is people behind the boat’s wheel who are inexperienced in its safe operation.  Especially when the Texas legislature required training, the fact remains that people operating boats without proper training cause a good number of accidents.

Potential Causes and Types of Boat Accidents

Common Reasons Behind Boating Accidents

Boating accidents can occur due to a variety of factors, including operator error, equipment failure, and environmental conditions. Some of the most common reasons behind boating accidents in Houston include:

  • Operator Inattention: This is one of the leading causes of boating accidents in Houston, accounting for over 30% of all accidents. Distractions or lack of focus can lead to collisions and other dangerous situations on the water.
  • Excessive Speed: Speeding is a major contributor to boating accidents, as it can make it difficult to control the boat and increase the risk of collision. Maintaining a safe speed is crucial for preventing accidents.
  • Failure to Follow Boating Safety Regulations: Boating safety regulations are in place to protect boaters and prevent accidents. Failure to follow these regulations can significantly increase the risk of an accident.
  • Equipment Failure: Mechanical failure can cause a boating accident, especially if the failure occurs while the boat is in operation. Regular maintenance and inspections are essential to ensure the boat is in good working condition.
  • Environmental Conditions: Weather conditions, such as strong winds and rough seas, can make boating hazardous and increase the risk of an accident. Boaters should always check the weather forecast and be prepared for changing conditions.

Understanding these common causes can help boaters take preventive measures and reduce the likelihood of accidents. If you have been involved in a boating accident, a Houston boating accident attorney can provide the legal support you need.

Jet Skiing Accidents in Texas

The ecstasy, adrenaline rush, and excitement that come from operating a Jet Ski on a hot day are unparalleled. Jet Skiers in Texas can find several places to enjoy their favorite water sport. J.P. Luby Surf Park, North Packery Channel Jetty in Corpus Christi, Lake Travis, and Lake Conroe are a few of the areas where you can enjoy your Jet Ski.

Unfortunately, collisions can also happen, resulting in severe injury and damage. Personal watercrafts such as Jet Skis are popular across the United States, and each year, they are involved in recreational boat accidents. Besides Jet Ski, other personal watercraft brands include Ski-Doo and Waverunner.

What to Do After a Jet Ski Accident?

After a Jet Ski accident, the injury lawyers at Baumgartner Law Firm recommend taking the following steps.

Get to Safety: If you’re still out in the water, getting to safety should be your top priority. Contact the rental service or emergency rescue services around you.

See a Doctor: Even if you escape with minimal physical injury, it’s essential to visit a doctor for a checkup.

Call a Jet Ski Wreck Lawyer: Contact a boating accident lawyer at Baumgartner Law Firm for immediate legal assistance. Call (281) 587-1111 or email us to request a FREE injury accident consultation!

Compensation for Jet Ski Accidents in Texas

Compensation after a Jet Ski accident varies depending on several factors such as:

Each case is different, and we advise that you contact your personal injury attorney at Baumgartner Law Firm for proper legal representation. Negligence by boat operators can lead to the possibility of filing a personal injury claim to seek compensation for damages. With an experienced lawyer by your side, you can also fight for additional damages for long-term pain and suffering, medical expenses, and loss of income.

Proving Negligence or Liability In A Jet Skiing Accident

However, establishing negligence and liability is the challenging part after a personal watercraft accident in Texas waters. Several factors need to be considered to find the responsible party.

In most Jet Ski accidents, there is usually an “assumption of risk” since the operator or renter consciously chooses to rent a vessel and operate one while fully aware of the potential danger.

Liability waivers also complicate the situation further because they’re created to protect the Jet Ski owner. In most cases, the waiver protects the owner from being sued after a renter is injured. However, when the accident occurs due to the owner or manufacturer’s fault, the liability waivers may be ineffective.

Our injury attorneys at Baumgartner Law Firm help you navigate these situations and file a claim against the liable party.

Enforcement of Boating Laws in Texas

The Texas Game Wardens provide professional water law enforcement, search and rescue, and water safety coordinated with the U.S. Coast Guard’s Recognized national standards.

The Texas Game Wardens are part of the Texas Parks and Wildlife Department (TPWD) Law Enforcement Division and are commonly referred to as the ‘Texas Navy.’ They are tasked with enforcing the Texas Water Safety Act, which includes several requirements and rules that boaters must follow.

Boating accidents can also include jet skis in places like Lake Conroe.

If you have lost a family member or have a loved one severely injured in a boating or Jet Ski accident, call us to discuss your rights and options. We charge nothing for an initial case consultation.

Determining Fault and Liability

Determining fault and liability in a boating accident can be complex and requires a thorough investigation. In Houston, the courts use a comparative negligence standard to determine fault and liability. This means that the court will assign a percentage of fault to each party involved in the accident, and the party found to be most at fault will be liable for the damages.

Determining Fault in a Boating Accident

To determine fault in a boating accident, the court will consider a variety of factors, including:

  • The Actions of the Boat Operators: The court will consider whether the boat operators were following boating safety regulations and operating their boats in a safe and responsible manner.
  • The Condition of the Boats: The court will consider whether the boats were properly maintained and whether any mechanical failures contributed to the accident.
  • The Environmental Conditions: The court will consider whether the weather conditions or other environmental factors contributed to the accident.
  • The Actions of Other Parties: The court will consider whether other parties, such as passengers or other boaters, contributed to the accident.

Injuries and Compensation

Boating accidents can result in serious injuries, including head trauma, spinal cord injuries, and broken bones. In some cases, boating accidents can be fatal. If you or a loved one has been injured in a boating accident, you may be entitled to compensation for your injuries.

Injuries from Boat Accidents

Boating accidents can result in a variety of injuries, including:

  • Head Trauma: Head trauma is a common injury in boating accidents and can range from mild concussions to severe traumatic brain injuries.
  • Spinal Cord Injuries: Spinal cord injuries can result in paralysis, numbness, and tingling and can be permanent.
  • Broken Bones: Broken bones are common in boating accidents and can require surgery and extensive rehabilitation.
  • Drowning: Drowning is a risk in boating accidents, especially if the accident occurs in deep water.
  • Emotional Trauma: Boating accidents can also result in emotional trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD).

If you or a loved one has been injured in a boating accident, it is essential to seek medical attention immediately. You should also contact a Houston boating accident attorney to discuss your options for seeking compensation for your injuries. An experienced attorney can help you navigate the legal process and ensure you receive the compensation you deserve for medical expenses, pain and suffering, and other damages.

Contact A Houston Boat Accident Attorney

One of the biggest problems in Texas is that people who are inexperienced in safe operation are getting behind the wheel of the boat.

Even with Texas requiring training, people operating boats without proper training cause many accidents. Call our boat accident lawyers in Texas at Baumgartner Law Firm and speak with one of the best personal injury lawyers in Houston to learn about your rights and options after a serious boating accident.

Contact Baumgartner Law Firm for Help

Contact a personal injury lawyer in Houston for a free consultation today at (281) 587-1111.

Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111

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