Injured on Texas Lakes? Boating & Jet Ski Personal Injury
If you were injured on a Texas lake in a boating or personal watercraft incident, you may be able to recover compensation for medical bills, lost income, and pain and suffering. Fault can turn on operator behavior, safety rules, equipment condition, and insurance coverage. Texas law prohibits boating while intoxicated, requires life jackets, and uses a modified comparative responsibility system. Deadlines can be short, especially for claims involving government entities. Have questions? Contact us for a free consultation.
Common Causes of Lake Injuries
- Operator inattention or inexperience
- Excessive speed or reckless operation
- Alcohol or drug impairment while operating a vessel
- Failure to keep a proper lookout or follow navigation rules
- Unsafe wake jumping or sudden maneuvers on personal watercraft
- Overcrowded waterways and congested marinas or launch areas
- Equipment failure, poor maintenance, or rental fleet defects
- Collisions with other vessels, fixed objects, or swimmers
Who Can Be Liable?
- Boat or PWC operator whose negligence caused the crash
- Vessel owner (for negligent entrustment or maintenance)
- Rental company or tour or guide outfitter (unsafe equipment or inadequate instruction)
- Event organizers or marina operators (hazardous conditions)
- Manufacturers and component suppliers (defective products)
- Other third parties (such as service or repair contractors)
Texas Rules That Often Matter
- Boating while intoxicated (BWI) is illegal and may support civil liability if intoxication contributes to a collision (Tex. Penal Code § 49.06).
- Life jacket (PFD) rules require proper PFDs onboard and heightened requirements for children while underway; TPWD summarizes current requirements (TPWD Boating Laws & Safety).
- PWC age and education rules restrict who may operate personal watercraft and often require boater education for certain operators (see TPWD Boating).
- Navigation rules govern right of way, lights, and safe operation and can be evidence of negligence if violated (33 CFR Part 83 (Inland Navigation Rules)).
Note: On some navigable waters, federal maritime law may apply and affect issues like comparative fault and available remedies (28 U.S.C. § 1333).
Quick Checklist After an Incident
- Call 911 for injuries and request Texas Game Wardens or local law enforcement.
- Seek prompt medical evaluation and follow care instructions.
- Exchange information with operators and owners; identify witnesses.
- Photograph vessels, damage, positions, weather and water conditions, and visible injuries.
- Preserve equipment like vests and helmets; avoid repairs until evidence is documented.
- Report the incident as required and notify your insurer. Consider consulting counsel before recorded statements (see TPWD Boating for reporting guidance).
Practical Tips to Strengthen Your Case
- Document pain and limits daily: Keep a brief journal and save appointment reminders and receipts.
- Centralize evidence: Store photos, videos, GPS data, rental contracts, and maintenance records in one folder.
- Mind social media: Set profiles to private and avoid posting about the incident or activities.
- Preserve the vessel: Do not move, repair, or sell involved equipment until inspected by experts.
- Track work impact: Save pay stubs, PTO logs, and employer letters confirming missed time.
Proving Fault and Building Your Claim
- Official reports from Texas Parks & Wildlife Department or responding agencies
- Photos, videos, GPS tracks, vessel data, rental agreements, and maintenance logs
- Blood alcohol testing results and citations
- Eyewitness statements and expert reconstruction of vessel movements
- Medical records, billing, prognoses, and documentation of lost wages
- Proof of long term impacts: pain, limitations, scarring, and lifestyle changes
Compensation You May Seek
- Medical expenses (past and future)
- Lost income and diminished earning capacity
- Pain and suffering, mental anguish, and physical impairment
- Disfigurement and scarring
- Property damage (vessel and personal items)
- In some cases, exemplary damages when gross negligence, malice, or fraud is proven by clear and convincing evidence (Tex. Civ. Prac. & Rem. Code § 41.003).
Comparative Fault Considerations
Texas uses a modified comparative responsibility system. If you are partly at fault, your recovery may be reduced by your percentage of responsibility (Tex. Civ. Prac. & Rem. Code § 33.012). If your responsibility is greater than 50%, you are barred from recovering damages (Tex. Civ. Prac. & Rem. Code § 33.001). On navigable waters where maritime law applies, different comparative fault rules may be used; speak with counsel about which law governs your incident.
Claims Against Rental Companies and Outfitters
Lake injuries frequently involve rented boats or PWCs. Potential issues include inadequate safety briefings, defective equipment, or failure to verify operator qualifications. Liability may turn on rental contracts, waiver language, and whether the company followed reasonable safety practices. Waiver enforceability depends on specific wording and Texas law and typically does not protect against gross negligence. An attorney can assess your documents and the facts.
Product Defects and Equipment Failures
If a steering, throttle, fuel, or safety system fails, a products liability claim may be available against the manufacturer, distributor, or repairer. Preserve the vessel and components for inspection. Do not discard or alter parts until an expert evaluation is completed.
Insurance and Coverage Issues
Boats and PWCs may be covered by specialized marine policies, homeowners endorsements, or umbrella coverage, but exclusions and limits vary. Rental agreements may shift risk or require specific coverage. Prompt investigation helps identify all applicable policies and responsible parties.
Deadlines to Act
Texas generally has a two year statute of limitations for personal injury claims, with exceptions (Tex. Civ. Prac. & Rem. Code § 16.003). Claims involving governmental entities have additional, short notice requirements, often within six months, and some local charters set shorter periods (Tex. Civ. Prac. & Rem. Code § 101.101). Speak with an attorney promptly to preserve your rights.
How Our Firm Helps
We investigate quickly, preserve critical evidence, coordinate with law enforcement and experts, handle insurer communications, and pursue full compensation. Most cases are handled on a contingency fee, meaning you pay no attorney’s fee unless we recover for you.
FAQ
Do I have a claim if I was a passenger on a friend’s boat?
Possibly. Claims typically proceed against the at fault operator’s insurance and any other liable parties, such as another vessel or a rental company.
What if I was not wearing a life jacket?
You can still pursue a claim. Insurers may argue comparative fault, but lack of a life jacket does not automatically bar recovery under Texas law.
Does maritime law apply on my lake?
Some Texas lakes have navigable segments that can trigger maritime law. An attorney can evaluate which law governs based on the waterway and facts.
How long will my case take?
Timelines vary with injury severity, treatment length, and disputes over liability and coverage. Many cases resolve after medical recovery and evidence development.
Free Consultation
If you or a loved one was hurt on a Texas lake, whether on a boat, Jet Ski, WaveRunner, or Sea-Doo, contact us for a free case evaluation by phone, video, or in person. We can begin protecting your claim immediately.
Disclaimer
This blog post is for general information only, not legal advice, and reading it does not create an attorney-client relationship. Laws and deadlines change and may vary by situation and waterway, including possible maritime law. Consult a licensed Texas attorney about your specific facts.