Who’s Liable For Your Boating Accident Injuries?

Texas is a boater’s paradise—from the Gulf to natural and manmade lakes, the Lone Star state has plenty of places for you to drop anchor. 

With parts of Texas staying warm nine months or so out of the year, boating isn’t only a summertime activity. If you live along the southeast coast, you may even be able to enjoy a Christmastime boating trip. 

Unfortunately, boating accidents aren’t uncommon and injuries can be severe. Determining liability for boating regulation violations can be a complex process, especially if you’re not familiar with federal, state, and local laws. The steps you take after a boating accident can impact your ability to recover compensation.

Statute of Limitations for Texas Boating Accidents

If you’re not sure what the statute of limitations is, the premise is relatively straightforward: this is the time you have to file a claim after being injured in a boating accident. The clock starts ticking on the date of the accident and Texas gives accident victims two years to file a claim with the at-fault party’s insurance company.

What happens if you miss the filing deadline? In most instances, once the statute of limitations passes you can’t file a claim for your damages. We should also mention that since boating accidents fall under personal injury law, the statute of limitations is the same regardless of the type of accident.

Texas Boating Regulations

Since boating accidents fall under the general personal injury law umbrella, the regulations are basically the same. All involved parties must remain at the accident scene when injuries and property damage are present.

As long as it doesn’t present a risk, involved parties must also render any emergency aid. For example, you’re legally required to pull someone out of the water if the accident sends them overboard. All accidents must also be reported to the authorities, which can include the Coast Guard or local authorities. 

Where the boating accident occurs typically determines who’s notified. If your boating accident happens in the Gulf, the Coast Guard usually has authority, and lakes are typically under the control of local authorities.

You also need to complete an official accident report, and this usually means answering some questions about the accident and supplying identification.

Determining Liability in a Boating Accident

Figuring out who’s liable in a boating accident can be complicated, which is often an involved process requiring extensive investigation. So, who can be liable in a boating accident? Here’s a look at who’s often named as a defendant in a boating accident personal injury claim.

The Boat’s Operator

The operator of the boat is responsible for being familiar with all laws. If the boat’s operator fails to obey a law and it results in your injuries, they may be liable for your damages. If a boating operator is intoxicated, it’s a violation of state and federal laws. 

The same laws that apply to motor vehicle drivers are also applicable if you’re operating a boat, and this means if you’re intoxicated while steering the boat, you’re liable for any damages. There really isn’t any exception to this standard.

The boat’s operator also has responsibilities to ensure their passengers’ safety, which includes:

• Providing enough life jackets for all the passengers
• Ensuring the life jackets are approved by the U.S. Coast Guard

The life vests must also be in good condition and correctly sized to fit your passengers. If you don’t have the right size life jacket for a passenger, legally, they can’t go for a ride on the boat. An example is trying to fit an adult-sized life vest on a small child.

Passengers

If a passenger on a boat is unruly and their reckless behavior leads to an accident, they can be held liable for any resulting damages, and this can include if a passenger is intoxicated. However, the boat’s operator also has a legal duty to control their passengers.

If the boat’s operator doesn’t take steps to keep their passengers’ behavior from causing an accident, liability can be extended. The boat’s operator and the passenger can be held liable for any resulting damages.

Boat Owners

The boat’s owner and operator aren’t always the same individual. If a boat owner allows someone to use their vessel and an accident occurs, they may be liable for your damages. The boat owner has a legal responsibility to ensure anyone they allow to operate the vessel is experienced and qualified.

The boat’s owner is also responsible for maintaining the vessel. If faulty maintenance is the cause of the accident, the boat’s owner is often the responsible party.

Boat Manufacturers

Even though manufacturing issues often fall under product liability laws, it’s a little different when it applies to boating accidents, which is usually a personal injury claim. If the accident’s cause is traced back to a manufacturing defect, you can often file a claim against the manufacturer.

To help ensure your claim moves smoothly through the process, it’s a good idea to work with a personal injury attorney. Your lawyer can help determine if you have a product liability or personal injury claim.

Rental Companies

Not everyone owns a boat in Texas, even if they love spending time on the water. Thankfully, you have plenty of boat rental options. You can rent anything from a canoe and kayak to pleasure and fishing vessels. The rental agreement can last for a few hours, days, or even weeks.

If your rental boat has an issue that results in an accident with damages, the leasing company may be liable. However, proving liability can be complicated. Before you can help the rental company liable, you need to prove it’s not operator or passenger error.

You Can Receive Compensation for Your Boating Accident

Receiving compensation for a boating accident can be a frustrating and time-consuming process. Even determining who’s liable can leave you feeling like you’ll never recover your damages. 

An attorney can help you navigate the often complex legal process. Whether it’s a leasing company, the boat’s owner, or the operator, an attorney can help ensure you receive fair compensation.