Boat Accidents: Who Is Liable When an On-the-Water Collision Occurs?
Boating is a popular recreational activity in Texas, given the state’s extensive network of lakes, rivers, and coastal waters. However, like automobile accidents, boating accidents can result in significant property damage, personal injuries, or even fatalities.
Understanding liability in these situations is critical, especially for injured parties seeking compensation under Texas personal injury law. At Ellis and Thomas PLLC, we’re prepared to protect the rights of boating accident victims in Houston, Texas.
Here, we’ll explore the legal principles that govern liability for on-the-water collisions in Texas, identify potentially responsible parties, and discuss the relevant laws and regulations that determine fault and damages.
The Basics of Establishing Liability
To determine who's liable in a boating accident, Texas personal injury law considers several key factors:
Duty of care: Every boat operator owes a duty of care to passengers, other boaters, swimmers, and any other individuals on the water. This duty includes operating the vessel in a safe and prudent manner, maintaining a proper lookout, traveling at a safe speed, and complying with Texas boating laws and navigation rules.
Breach of duty: A breach occurs when the operator fails to act with reasonable care. Examples include speeding or reckless driving, operating under the influence of alcohol or drugs, distracted or inattentive operation, ignoring weather warnings or navigational hazards
Causation and damages: The plaintiff must show that the breach directly caused the accident and that real damages—such as physical injuries, medical bills, or lost wages—were sustained.
Put simply, figuring out who’s responsible in a Texas boating accident comes down to whether someone failed to act safely and whether that failure caused real harm.
Comparative Fault in Texas
Texas follows the doctrine of modified comparative fault (Tex. Civ. Prac. & Rem. Code § 33.001). This means that:
A plaintiff may recover damages only if their fault is 50% or less.
If the plaintiff is partially at fault, their recovery is reduced by their percentage of fault.
For instance, if a person is found to be 30% at fault in a boating collision and the total damages are $100,000, their award will be reduced to $70,000.
This principle is important in two-boat collisions where both operators may share blame. Liability is apportioned based on each party’s level of fault.
Common Scenarios and Determining Liability
Boating accidents can happen in many different ways, and reviewing common scenarios can help clarify how liability is typically determined in each case.
Two-Boat Collisions
When two boats collide, both operators are typically investigated for negligent behavior. Fault may be shared, or one party may be solely responsible. Some key issues include:
Which boat had the right of way?
Was either vessel speeding or violating navigational rules?
Were operators under the influence or distracted?
For example, Boat A is speeding through a no-wake zone, and Boat B cuts across its path without yielding. Both boats collide. Investigators may determine that both operators were partially at fault—say, Boat A at 60% and Boat B at 40%. Boat A’s operator would be ineligible to recover damages due to exceeding the 50% fault threshold.
Collisions Involving Stationary Vessels
If a moving boat collides with a moored or anchored vessel, fault typically lies with the moving vessel's operator. The assumption is that a stationary boat isn’t contributing to the risk of collision.
However, if the stationary vessel was anchored in an inappropriate or dangerous location (e.g., a navigational channel), partial fault may apply.
Collisions Involving Rental Boats or Jet Skis
Operators of rented watercraft are held to the same standard of care as private boaters. However, rental companies may also be liable if:
They failed to provide proper safety equipment
The equipment was defective or poorly maintained
The operator wasn’t given adequate instruction or was visibly unfit (intoxicated or underage)
Product liability claims may arise if faulty equipment (e.g., steering failure, engine malfunction) contributed to the accident.
Boating Under the Influence (BUI)
Under Texas Penal Code § 49.06, operating a watercraft while intoxicated is a criminal offense. A person is considered intoxicated if:
They have a blood alcohol concentration (BAC) of 0.08% or higher
They lack normal use of mental or physical faculties due to drugs or alcohol
If a collision occurs and one party was intoxicated, this significantly increases their share of fault and can lead to punitive damages in personal injury lawsuits.
Passenger Injuries and Operator Liability
Passengers injured in boating accidents may have a claim against:
The operator of the vessel they were on
The operator of the other vessel (in a two-boat collision)
The owner of the vessel, if different from the operator
A third party (e.g., rental company or equipment manufacturer)
Boat owners may be held liable under the doctrine of negligent entrustment if they allowed an inexperienced or reckless individual to operate the vessel.
Special Considerations for Children and the Inexperienced
Texas law requires boaters born after September 1, 1993, to complete a boater education course to operate certain vessels. Failure to comply with this requirement can be used as evidence of negligence.
Children under the age of 13 must wear a life jacket at all times when on a boat less than 26 feet in length. Violations of this rule can also establish negligence if injuries occur.
Investigating and Proving Liability
After a collision, law enforcement or Texas Parks and Wildlife officials typically conduct an investigation, including:
Witness statements
Operator logs and GPS data
Toxicology reports
Photos of the scene and vessel damage
A personal injury attorney may also bring in expert witnesses, such as maritime accident reconstruction specialists, to establish causation and fault.
Damages Recoverable in Texas Boating Collision Cases
If a plaintiff successfully proves liability, they may be entitled to recover the following damages:
Economic damages: Medical expenses (past and future), lost wages and earning capacity, and property damage (e.g., vessel repairs)
Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life
Punitive damages: Awarded in cases involving gross negligence or willful misconduct, such as operating while intoxicated or knowingly using a faulty vessel.
Ultimately, the types and amount of damages a plaintiff can recover will depend on the specifics of the case and the extent of the harm caused by the boating collision.
Insurance Considerations
Most homeowners’ insurance policies don’t cover boating accidents, especially for larger or high-powered vessels. Boaters are advised to carry watercraft liability insurance, which can cover:
Bodily injury
Property damage
Legal defense costs
Insurance coverage often plays a key role in settlement negotiations and litigation.
Statute of Limitations
In Texas, the statute of limitations for filing personal injury lawsuits arising from boating accidents is typically two years from the date of the injury (Tex. Civ. Prac. & Rem. Code § 16.003). However, claims involving minors, wrongful death, or governmental entities may have different deadlines and procedural requirements.
Contact Us Today
Victims of boating collisions should act promptly to preserve evidence and seek legal counsel to confirm their rights are protected under Texas personal injury law. At Ellis & Thomas PLLC, we serve clients in Harris County, Fort Bend County, Montgomery County, and Brazoria County. Reach out to us today to schedule a consultation.