Injured on Texas Waters? Maximize Your Jet Ski Claim

Why Jet Ski Cases Are Different

Jet skis (personal watercraft) are fast, highly maneuverable, and operate without the same braking and steering dynamics as traditional boats. Crashes often involve high-impact ejections, hull strikes, and close interactions with other vessels. Texas waterways also mix recreational users with rental fleets and tour guides, which can raise issues about training, supervision, and equipment maintenance.

Common Causes of Texas Jet Ski Injuries

• Operator inattention or inexperience
• Excessive speed or unsafe following distance
• Alcohol or drug impairment
• Failure to maintain a proper lookout
• Wakes and wave jumping in congested areas
• Rental companies failing to provide required safety briefings or equipment
• Mechanical defects or poor maintenance
• Hazardous conditions, including low visibility or unmarked obstacles

Who May Be Liable

Depending on the facts, potential defendants may include:

• Another PWC or boat operator
• A rental company or tour operator
• The owner of the vessel (separate from the operator)
• A manufacturer, distributor, or maintenance provider if a defect or negligent service contributed
• A marina or event organizer that failed to manage risks

Liability often turns on Texas boating safety rules and general negligence principles, and—on navigable waters—potentially federal maritime law. See the Texas Water Safety Act (Texas Parks & Wildlife Code ch. 31; TPWD overview), and an overview of admiralty law (LII).

Texas Boating Safety Rules That Matter

Texas law sets age and boater education requirements, requires life jackets and other safety equipment, and prohibits reckless or impaired operation. Violations of boating safety laws can be important evidence of negligence. Waterway rules about safe speeds, distance from other vessels, and navigation markers also influence fault determinations. See the Texas Water Safety Act and TPWD guidance.

What To Do After a Jet Ski Crash

• Get to safety and call for medical help.
• Report the incident to law enforcement as required and request an incident number.
• Photograph the scene, vessels, visible injuries, and safety equipment (including life jackets and kill-switch lanyards).
• Collect names, phone numbers, and insurance details of operators, owners, and witnesses.
• Preserve the jet ski and any damaged gear; do not authorize repairs until it is inspected.
• Save rental agreements, waivers, safety briefing materials, and receipts.
• Seek medical evaluation right away and follow treatment plans.
• Avoid posting about the crash on social media.
• Speak with a lawyer experienced in Texas boating and maritime claims.

Insurance and Coverage Issues

Coverage can come from boat/PWC policies, homeowner’s endorsements, rental company policies, or umbrella coverage. Some policies exclude PWC use or rentals, and maritime incidents can invoke specialized policy terms. Early policy notice and careful handling of adjuster statements help preserve coverage. If the crash involved a commercial operator, there may be additional liability limits or federal maritime procedures to navigate.

Maritime Law vs. Texas Law

If your crash occurred on navigable waters, federal maritime law may apply to liability and damages, which can affect comparative fault and available remedies. Incidents on non-navigable lakes or ponds may be governed primarily by Texas law. The boundary can be fact-intensive, so getting counsel to evaluate jurisdiction early is critical. See LII’s admiralty overview.

Damages You May Recover

Potential compensation may include medical expenses, future care, lost wages and earning capacity, pain and suffering, physical impairment, disfigurement, and property damage. In cases involving gross negligence, exemplary damages may be available under Texas law. See Texas Civil Practice & Remedies Code ch. 41.

Dealing With Rental Waivers

Rental agreements often include liability waivers and assumption-of-risk language. These provisions may be limited or unenforceable in certain circumstances, particularly if they are unclear, not sufficiently conspicuous, violate public policy, or attempt to address conduct beyond ordinary negligence. Texas courts assess these clauses under the express negligence and conspicuousness requirements (fair notice doctrine). See, e.g., Ethyl Corp. v. Daniel Constr. Co., 725 S.W.2d 705 (Tex. 1987); Dresser Indus., Inc. v. Page, 853 S.W.2d 505 (Tex. 1993). Even when a waiver applies, claims may proceed against other responsible parties, including negligent operators or manufacturers.

Key Evidence to Preserve

• Photos/video from riders, bystanders, or marina cameras
• Vessel data (GPS tracks, engine module data, if available)
• 911 calls, incident reports, and witness statements
• Rental contracts, safety checklists, and pre-ride briefing materials
• Maintenance logs and manufacturer bulletins
• Medical records and injury progression photos

Prompt preservation letters can help prevent spoliation of crucial evidence.

Deadlines and Reporting

Legal time limits to bring claims can vary based on where the incident occurred, the type of claim, and whether maritime law applies. Certain crashes must also be reported to authorities within specified periods when injuries, deaths, disappearances, or significant property damage occur. Because these timelines can be short and exceptions may apply, speak with an attorney as soon as possible. See the Texas Water Safety Act and TPWD guidance.

Practical Tips to Strengthen Your Claim

Crash Response Checklist

How Our Firm Helps

We act quickly to secure evidence, investigate fault, and identify all sources of recovery. Our team coordinates medical care, handles insurer communications, and builds the liability case with expert support. We prepare every matter as if it will go to trial, while pursuing fair settlements where appropriate. Consultations are confidential and without obligation.

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FAQ

What is the deadline to file a Texas jet ski injury claim?

Many personal injury claims in Texas have a two-year limitations period, but maritime claims and claims against certain entities can have different timelines. Speak with an attorney promptly to confirm your deadline.

Do I have to report a jet ski accident in Texas?

Certain boating accidents must be reported when there is injury, death, disappearance, or significant property damage. Timely reporting helps compliance and preserves evidence.

Can I still pursue a case if I signed a rental waiver?

Possibly. Under Texas law, waivers must meet fair notice requirements and may not cover conduct beyond ordinary negligence. Other liable parties may also be pursued.

What if the at-fault rider is uninsured?

You may have coverage through boat or PWC insurance, a homeowner’s endorsement, rental policies, or umbrella coverage. An attorney can evaluate all potential sources.

What damages can I recover?

Medical expenses, lost income, pain and suffering, impairment, disfigurement, and property damage. In egregious cases, exemplary damages may be available under Texas law.

Should I talk to the insurance adjuster?

Not before legal counsel. Statements can be used against you and may impact coverage and liability assessments.

Where can I learn more about the rules that apply?

See the Texas Water Safety Act and TPWD overview, and LII’s admiralty overview.

References

• Texas Parks & Wildlife Code, Chapter 31 (Water Safety Act)
• Texas Parks & Wildlife Department, Texas Water Safety Act Overview
• Legal Information Institute, Admiralty and Maritime Law Overview
• Texas Civil Practice & Remedies Code, Chapter 41 (Exemplary Damages)
• Ethyl Corp. v. Daniel Constr. Co., 725 S.W.2d 705 (Tex. 1987)
• Dresser Indus., Inc. v. Page, 853 S.W.2d 505 (Tex. 1993)

Disclaimer

This blog is for general information only, not legal advice, and does not create an attorney-client relationship. Laws change and outcomes depend on specific facts. Consult a licensed Texas attorney about your situation.