As Labor Day weekend has come and gone, and the summer heat lingers over our Dallas area, many Texans took to the water for one last boating adventure. Unfortunately, with the surge in boating activity during the holiday, accidents were more likely to happen — leaving many injured, stressed, and unsure of what to do next. At The Law Offices of Tim O’Hare, we understand how overwhelming this time can be, especially in the aftermath of an accident. We’re here to help you figure out who’s responsible so you can focus on recovering and moving forward.
Understanding Boating Accidents in Texas: The Scope of the Problem
Boating is a beloved pastime in Texas, home to 1.7 million surface acres of freshwater inland lakes, 4 million surface acres of saltwater, and 80,000 miles of rivers and streams. With so many people enjoying the water, it’s no surprise that boating accidents are a real concern. According to the Texas Parks and Wildlife Department, there were 175 reportable boating accidents in Texas in 2023 alone, resulting in 28 fatalities and 76 injuries. Nationally, the U.S. Coast Guard reports that alcohol use is the leading known contributing factor in fatal boating accidents, accounting for 16% of deaths.
These statistics underscore the importance of boating safety and highlight why understanding liability in the event of an accident is important. When an accident occurs, knowing who is liable can mean the difference between struggling with financial burdens and receiving the compensation you deserve.
Who Could Be Held Responsible in a Texas Boating Accident?
When a fun day on the water turns into an unexpected accident, the question of who is responsible becomes critical. Here’s a quick guide to potentially liable parties:
- Boat Operators: The person steering the boat is often the most likely to be held responsible. Texas law requires boat operators to adhere to strict safety regulations. If they are found to have been negligent—whether by speeding, ignoring safety protocols, or operating under the influence of alcohol or drugs—they can be held liable for any resulting injuries or damages. The U.S. Coast Guard reports that operator inattention, improper lookout, and operator inexperience are among the top contributing factors to boating accidents nationwide.
- Boat Owners: Even if they weren’t driving, owners could be liable if they let someone inexperienced or intoxicated operate the boat. Under Texas law, boat owners must ensure their vessels are in safe operating condition and that they are only used by competent operators. This responsibility extends to ensuring that the person they allow to operate the boat is sober, skilled, and knowledgeable about boating laws.
- Manufacturers/Retailers: Sometimes, a defect in the boat’s design or manufacturing is to blame, making the company that made or sold the boat responsible. For instance, if a boat has a faulty engine or steering mechanism that contributes to an accident, the manufacturer could be held liable under product liability laws. In 2022, the U.S. Coast Guard documented 35 accidents directly attributed to equipment failure.
- Other Boaters: Another boater’s careless actions can contribute to the accident, meaning they could share liability. In busy areas, collisions between boats are not uncommon, especially when other operators are distracted, inexperienced, or disregarding navigational rules.
- Rental Companies: If you rented the boat, the company might be liable if they didn’t maintain it properly or rented it to someone unqualified. Rental companies are required to keep their vessels in good working order and to ensure that renters are sufficiently trained or experienced to operate the boat safely. Failing to meet these obligations can make them liable for accidents.
Navigating Liability After a Boating Accident in Texas
Figuring out who’s liable can be tricky, especially when emotions are running high. That’s why our experienced boating accident lawyers are here—to dig deep into the details and ensure you get the compensation you deserve. We look at:
- Boating laws and regulations compliance: Texas has specific laws governing boating, including requirements for life jackets, speed limits, and rules about operating a boat under the influence. Violations of these laws can be used as evidence of negligence.
- Signs of negligence or recklessness: Was the operator speeding, not paying attention, or violating other safety protocols?
- Influence of alcohol or drugs: As noted, alcohol is a leading factor in boating accidents. We examine whether the operator was impaired at the time of the accident.
- Weather conditions: High winds, storms, and rough waters can all contribute to accidents, but boat operators are still responsible for navigating safely under these conditions.
- Boat maintenance and safety equipment: We check whether the boat was properly maintained and equipped with the necessary safety gear, such as life jackets and fire extinguishers.
- Operator experience and licensing: We investigate whether the operator had the required experience and proper licensing to operate the boat safely.
In Texas, if you are found to be more than 50% at fault in an incident, you may not be able to recover any damages. However, if your fault is less than 50%, you can still recover damages, but the amount will be reduced according to your level of responsibility. This makes it crucial to have a skilled lawyer fighting for your rights.
Getting the Compensation You Deserve
Being involved in a boating accident can lead to serious injuries and unexpected expenses. You shouldn’t have to shoulder that burden alone. You might be entitled to compensation for:
- Medical bills: Covers the cost of emergency care, surgeries, hospital stays, and ongoing medical treatments.
- Lost wages: If your injuries prevent you from working, you may be compensated for the income you’ve lost.
- Pain and suffering: Beyond the physical injuries, boating accidents can have a profound emotional impact, and you may be compensated for the pain and trauma you’ve experienced.
- Impairments: Injuries often make it harder or impossible to carry out your daily activities at home and work. You may be entitled to compensation for the impairments you suffer due to injuries from someone else’s negligence.
- Property damage: Includes the cost of repairs to your boat or other personal property damaged in the accident.
- Rehabilitation costs: Covers physical therapy and other treatments necessary for your recovery.
At the Law Offices of Tim O’Hare, we’re experts in handling boating accident cases across Texas. Our Dallas boat accident attorneys know how to navigate the complexities of maritime law and fight for every penny you’re owed.
Don’t Wait—Get the Legal Help You Need Today
Boating accidents can turn your life upside down, but you don’t have to face it alone. If you or someone you love has been injured, whether over Labor Day or any other time, we’re here to help you take the next steps.
At the Law Offices of Tim O’Hare, with convenient locations in Dallas and Carrollton, we are ready to investigate your case, identify who’s responsible, and fight tirelessly for the best possible outcome. With our extensive experience and deep understanding of both state and maritime law, we’ll ensure that all liable parties are held accountable and that you receive the maximum compensation possible.
Contact us today for a free consultation, and let’s work together to get you the justice and compensation you deserve.
