Boating & Personal Watercraft Injuries

We at the Rodgers Law Firm in Fort Worth, Texas understand the devastation and losses caused by boating and personal watercraft injuries. Surviving victims often may have no transportation, may be unable to work due to injury, may have no health insurance or large savings to pay for medical care, may not know how to find health care providers that will wait for payment until the case settles or is tried, and may not have the energy or know how to deal with the insurance company for the wrongdoer.

That's why we are here – to do everything we can to help our clients get the answers, the assistance, and the compensation that they are entitled to under the law.

We handle boating, jet ski and other personal watercraft injury cases all over the DFW Metroplex. We represent victims who have suffered injuries on local lakes and rivers such as Benbrook Lake, Eagle Mountain Lake, Ray Hubbard Lake, Lavon Lake, Lake Lewisville, Grapevine Lake, Joe Pool Lake, Lake Texoma, and the Trinity River.

If you have a family member or friend that is a victim of a boating or personal watercraft accident, contact us for a free, no obligation consultation. We will meet with you at our office or any location convenient to you.

The following pages of detailed legal information will give you insights into the depth of our capabilities in these kinds of cases.

Overview of Boating & Personal Watercraft Injuries in Texas

Boating Accidents
Approximately 78 million people engage in recreational boating annually in the United States. There are over 12.5 million boats and personal watercraft (PWC) registered in the United States. The use of personal watercraft, such as Jet-Skis, Wave Runners and other brands has exploded over the last decade. With the increased popularity of boating has come an increase in boating related injuries and fatalities. According to the United States Coast Guard, there are over 8,000 boating accidents each year. Such accidents leave over 800 people dead and more than 4,000 seriously injured annually. Over 600 boating accidents are caused by defective hulls or engines.
Reaching speeds up to 65 miles an hour, jet-powered personal watercraft make the traditional motorboat look downright dull. The factors that make personal watercraft fun also make them dangerous. They’re small, they go fast, they’re open, and they turn on a dime.
In an accident, there’s very little to prevent riders from being thrown off. Most accidents involve collisions with other vehicles or fixed objects, such as docks or stumps. Personal watercraft riders in an accident often become airborne and hit whatever objects are in their path.The primary cause of boating accidents is operator inattention, followed by operator inexperience, operating at an unsafe speed, and failure to keep a proper lookout. Alcohol consumption is often a factor.
Several types of injury can occur during boating accidents, including drowning, collisions with another boat or object in the water, striking a foreign object after ejection, burns, and propeller-related injuries.
Propeller Injuries
Propeller injuries are typically multiple, deep, parallel lacerations that can result in permanent scarring, substantial blood loss, traumatic or surgical amputation, or death. Boat propeller victims can require long periods of hospitalization, recovery, and rehabilitation.
In Texas, the extent of boat-propeller-related injuries is unknown; however, the existence of approximately 600,000 motorboats in the state exposes many Texans to the potential risk for propeller-related injury.
Drunken Driving On the Water
In Texas, the Texas Water Safety Act makes it illegal to operate a boat with a blood alcohol content of 0.08 or higher, the same as that for a DWI operating a motor vehicle. Texas law establishes the following penalties for boating while intoxicated (BWI):
First conviction carries a fine up to $2,000 and/or jail time up to 180 days.
Second conviction carries a fine up to $4,000 and/or jail time up to one year.
Third conviction carries a fine up to $10,000 and/or jail time of 2-10 years.
The drunken person's Texas driver's license will be automatically suspended if the arrested person is operating a watercraft powered with an engine having a manufacturer's rating of 50 horsepower or above; and refuses to provide a specimen (breath or blood) to determine the level of intoxication. The period of driver's license suspension for first time offenders is 180 days.
Texas open container law does not apply to watercraft; therefore, it is not illegal to have an open container of alcohol on a boat in Texas.
The Texas Water Safety Act, which details the safety equipment required on watercraft operating on Texas waterways and the laws applicable to watercraft operators, is summarized at the end of this article.
The U.S. Coast Guard “Rules of the Road” are expressly incorporated into the Texas Water Safety Act. These rules of the road may be found at the following websites:
http://www.boatingbasicsonline.com/course/boating/6_2_a.php
http://www.answers.com/topic/rules-of-the-road-ireland
Losing the Right to Make the Claim

You must file your injury suit within a certain time period or else you will lose your right to pursue your claim. In many such cases, the suit must be filed within two years from the date of the injury.

Simply contacting the person or business responsible for the accident or contacting their insurance company about the accident is not enough to stop the running of the two year period.
There are other reasons to act quickly. Key witnesses may disappear, witnesses’ memories may fade, and vital documents may be lost. It is crucially important that you do not delay in consulting with an attorney.

Contact us for a free no-obligation consultation as soon as possible to ensure that you retain your right to pursue your claim.
Contact Us for a Second Opinion If Another Attorney Has Declined To Represent You
Attorneys regularly decide whether the case that they are reviewing does or does not meet all the requirements to be a viable, sound case. Making this determination is not an exact science. Based on different experiences and analytic abilities, one attorney may turn down the opportunity to represent a client and another attorney may shortly thereafter decide to take the case.

The second reviewing attorney saw something the first reviewing attorney may have overlooked. The first attorney may have decided that liability was not clear, that there was not available insurance coverage or other sources to pay the money damages, or that there were other problems in seeking a recovery.

We would welcome the opportunity to review your case even if another attorney has turned the case down. There is no charge or obligation for our review.
You may contact us at the following phone numbers at any time:

Office: toll free: 1-866-560-1075

local: 817-717-4080

SUMMARY OF THE 2007 TEXAS WATER SAFETY ACT

Required Safety Equipment
1. Personal flotation devices (PFD) must be provided for each occupant that are of a type approved by the U.S. Coast Guard.
a. All children under 13 years of age in motorboats under 26 feet in length must wear a PFD while underway. Underway means not at anchor, made fast to the shore, or aground.
b. All vessels, including canoes and kayaks, must be equipped with one Type I, II, III or V wearable PFD for each person on board. A Type V PFD is acceptable only if used in accordance with the specific instructions on the label of the device.
c. Vessels 16 feet and longer, excluding canoes and kayaks, are required to be equipped with one Type IV throwable PFD in addition to the Type I, II, III, or V PFD required for each person on board.
d. Inflatable PFDs are not approved for use on personal watercraft, waterskiing, or other high speed activity.
2. Any vessel less than 12 meters in length (39.4 ft.) is required to carry a whistle or horn, or some other means to make an efficient sound to signal intentions and position in periods of reduced visibility.
a. Vessels 12 meters or more in length are required to carry a whistle or horn, and a bell.
3. Every motorboat towing a person must have an observer, other than the operator, 13 years of age or older or be equipped with a rearview mirror of a size no less than four inches (4") in measurement from bottom to top and across from one side to the other.
4. All vessels including motorboats, canoes, kayaks, punts, rowboats, rubber rafts, or other vessels when not at dock must have and exhibit at least one bright light, lantern or flashlight visible all around the horizon from sunset to sunrise in all weather and during restricted visibility.
5. Power Driven Vessels Underway:
a. Power driven vessels of less than 20 meters (65.6 ft.) but more than 12 meters (39.4 ft.) shall exhibit navigation lights as shown in Figure 1.
b. Vessels of less than 12 meters in length, shall show the lights in either Figure 1 or Figure 2.
6. Manually driven vessels when paddled, poled, oared, or windblown;
a. A sailing vessel of less than 20 meters (65.6 ft.), while underway shall exhibit side lights and a stern light which may be combined in one lantern carried at or near the top of the mast where it can best be seen.
b. A sailing vessel of less than 7 meters (23 ft.) shall, if practicable, exhibit the sidelights and a stern light, or shall exhibit at least one bright light, lantern or flashlight from sunset to sunrise when not at dock.
c. All other manually driven vessels may exhibit sidelights and a sternlight, or shall exhibit at least one bright light, lantern, or flashlight from sunset to sunrise when not at dock.
d. In vessels of less than 12 meters (39.4 feet), white lights shall be visible at a distance of at least two (2) miles. Colored lights shall be visible at a distance of at least one (1) mile. "Visible" when applied to lights, means visible on dark nights with clear atmosphere.
7. Fire Extinguishers Required
a. Outboard motorboats less than 26 feet in length, of open construction, not carrying passengers for hire, are not required to carry fire extinguishers; however, a fire extinguisher is required if one or more of the following conditions exist:
(1) Closed compartment under thwarts and seats wherein portable fuel tanks may be stored.
(2) Double bottoms not sealed to the hull or which are not completely filled with flotation material.
(3) Closed living spaces.
(4) Closed storage compartments in which combustible or flammable materials are stored.
(5) Permanently installed fuel tanks.
(6) Inboard engines.
b. U.S. Coast Guard approved extinguishers are identified by the following marking on the label: "Marine Type USCG approved, Size .... Type ::::, 162.028/.../" Check extinguishers annually to assure that they are properly charged.”
c. All fire extinguishers must be readily accessible and in condition for immediate and effective use at all times.
d. Fire extinguishers approved for motorboats are hand-portable, of either B (for gasoline, oil & grease fires) or BC (also extinguishes electrical fires) classification.
e. The number of approved extinguishers required depends upon the class of the motorboat. When the engine compartment of the motorboat is equipped with a fixed (built-in) extinguishing system of an approved type, one less B-I extinguisher is required.
8. Flame Arresters (Backfire Flame Control) Required
a. Gasoline engines installed in a vessel after April 25, 1940, except outboard motors, must be equipped with an acceptable means of backfire flame control.
b. The device must be suitably attached to the air intake with a flame tight connection and is required to be Coast Guard approved or comply with SAE J-1928 or UL 1111 standards and marked accordingly.

In order to enforce the provisions of the Water Safety Act, game wardens and other peace officers certified as marine safety enforcement officers by TPWD, may stop, board, and inspect any vessel to determine compliance with applicable provisions.

Accidents and Casualties
Operators of vessels involved in any collision, accident or other casualty that results in death (or missing person) or injury (requiring treatment beyond first aid) to any person or property damage exceeding $500 must file a complete report of the accident within 30 days. Failure to file a report is punishable as a Parks and Wildlife Class C misdemeanor. Accident reports filed by the operator(s) are confidential and are not admissible in court as evidence. Report forms may be obtained from TPWD offices, game wardens, or marine safety enforcement officers.

Stop and Render Aid
The operator of any vessel involved in a boating accident must stop and render whatever assistance is necessary unless such action would endanger his own vessel, crew or passengers. The operator must give his/her name, address and vessel identification number in writing to any injured person and to the owner of any damaged property.

Failure to do so in an accident that results in death or serious bodily injury is punishable as a Parks and Wildlife Felony. Failure to do so in an accident that does not result in death or serious bodily injury is punishable as a Parks and Wildlife Class A misdemeanor.

Mandatory Boater Education
A TPWD certified boater education course and photo I.D. is required for any person born on or after September 1, 1984 to operate (1) a vessel powered by motor of 10 horsepower or more; or (2) a windblown vessel over 14 feet in length.

**Boater Education courses from other states are acceptable if NASBLA (National Association of State Boating Law Administrators) approved.

Exceptions: A person is exempt from the mandatory boater education requirement if the person (1) is at least 18 years of age; (2) is accompanied by a person at least 18 years of age who is exempt from the course or who has completed the course; (3) holds a master's, mate's, or operators license issued by the U.S. Coast Guard; or (4) is otherwise exempt by rule of the department.

A person adjudged guilty of one of the following operating violations: (1) any personal watercraft operating violation, (2) reckless or negligent operation, (3) excessive speed, (4) reckless operation and excessive speed, (5) hazardous wake or wash, (6) circular course around fisherman or swimmer, (7) interference with markers or ramps, (8) obstructing passage, (9) operating boats in restricted areas, (10) operating vessels in scuba diving or snorkeling areas, (11) skiing during illegal hours or in a manner that endangers life or property, shall be required to successfully complete an approved boater education course AND pay a fine. Failure to complete the boater education course within 90 days will result in the person committing an offense that is a Parks and Wildlife Class A misdemeanor.

Unlawful Operation of Your Boat: It is unlawful for any person to:
1. Operate at a rate of speed greater than is reasonable and prudent or greater than will permit him to bring such boat to a stop within the assured clear distance ahead.
2. Operate so as to cause a hazardous wake or wash.
3. Operate in a circular course around fishermen or swimmers.
4. Moor or attach to any buoy, beacon, light marker, stake, flag or other aid to safe operation, or to move, remove, displace, tamper with, damage or destroy the same.
5. Anchor in the traveled portion of any river or channel so as to prevent, impede, or interfere with safe passage of any other boat through the same area.
6. Operate within an area designated as bathing, fishing, swimming, or otherwise restricted.
7. Operate within designated "no wake" area except at headway speed without creating a swell or wake.
8. Engage in water skiing, surfboarding or other similar activity between the hours of ½ hour after sunset to ½ hour before sunrise; provided that this shall not apply to vessels used in recognized water ski tournaments, competitions, exhibitions or trials, provided that the water area is adequately lighted.
9. Operate while intoxicated (loss of mental or physical faculties, or blood alcohol content of .08 or higher). First conviction punishable by a fine not to exceed $2,000, confinement in jail not to exceed 180 days or both; second conviction punishable by a fine not to exceed $4,000, confinement not to exceed one year or both; third conviction punishable by a fine not to exceed $10,000, imprisonment for not more than 10 years or less than 2 years. **Failure to submit a specimen to determine blood alcohol content may result in suspension of your driver's license.
10. Operate any vessel or manipulate any water skis, aquaplane or similar device, in a willful or wanton disregard of the rights or safety of others and at a speed or in a manner so as to endanger or be likely to endanger any person or property. (Violation of this provision shall be punishable, upon conviction, by a fine of not less than $200 nor more than $2,000 or by confinement in jail not to exceed 180 days or both.)
11. Swim or dive within two hundred yards of any sight-seeing or excursion boat except for maintenance purposes or unless within an enclosed area.
12. Operate within 50 feet of a "Diver Down Flag" or operate a boat within 150 feet of a "Diver Down Flag" except at Headway/Steerage Speed.
13. Fail to comply with the U.S. Coast Guard Inland Rules of the Road.

Personal Watercraft
Personal watercraft (PWC) is defined as a type of motorboat which is specifically designed to be operated by a person or persons sitting, standing, or kneeling ON the vessel rather than INSIDE the vessel. Includes jet skis, wet bikes, etc. Any person being towed by a PWC is considered an occupant of the PWC and is required to wear a life jacket.

Required Safety Equipment for Personal Watercraft (PWC)
All equipment requirements for regular motorboats also apply to PWC. In addition to those requirements: (1) each occupant must wear a life jacket; (2) if the PWC is equipped with a cut-off or kill switch, it must be attached to the operator or operator's clothing. Inflatable life jackets are NOT approved for use on PWC.

Operation of Personal Watercraft
1. Children under 13 are specifically prohibited from operating a PWC unless accompanied on board by a person at least 18 years of age.
2. All operational rules for regular motorboats also apply to PWC.
3. In addition to those requirements, it is unlawful for any person to:
a. operate PWC at night (sunset until sunrise);
b. operate PWC within 50 feet of another PWC, motorboat, vessel, platform, person, object, or shore except at headway speed (Headway speed-Slow, idle speed, or speed only fast enough to maintain steerage)without creating a swell or wake; and
c. operate a PWC and jump the wake of another vessel recklessly or unnecessarily close.
[END OF SUMMARY OF 2007 TEXAS WATER SAFETY ACT]

Copyright 1994 - 2007 Clifford B. Rodgers.
Last Modified July 6, 2007.