How Texas Boating Laws Can Affect a Boating Accident Claim

If you were involved in a boating accident, there are many factors that may affect recovering compensation for injuries, such as Texas boating laws. These laws not only dictate the safety standards and responsibilities of all parties on the water but also play an essential role in determining negligence in a legal claim. 

Whether you’re a boat owner or a casual weekend sailor, you must follow several laws and regulations when operating your vessel. If you suffered injuries in a boating incident due to someone failing to follow Texas law while on the water, you may have legal options to seek economic and non-economic damages for medical expenses, lost income, or other losses caused by negligence. The Law Firm of Chaile Allen has over 15 years of experience and provides a personalized, hands-on approach to your case.

Texas Boating Laws That May Affect Your Boating Accident Claim 

The following are several key areas of Texas boating regulations that every boater should be aware of, such as:

Boater Education and Certification Requirements

Texas mandates that any person born on or after September 1, 1993, must hold a Texas Boater Education Certificate to lawfully operate a boat with a motor that exceeds 15 horsepower or a sailboat over 14 feet long. Failure to meet this requirement can affect liability and potential negligence claims in boating accidents, as uncertified operators may be deemed less competent or knowledgeable in safe boating practices.

Personal Flotation Devices (PFDs)

Texas law requires all vessels to carry a U.S. Coast Guard-approved life jacket for every passenger aboard. For children under 13, it’s mandatory to wear life jackets at all times while the vessel is on the water. In the case of an accident, compliance with these life jacket regulations can play a critical role in determining both the severity of the consequences and the legal responsibility.

Boating Under the Influence (BUI)

In Texas, you are prohibited from operating a vessel while under the influence of alcohol or drugs. Violations of BUI laws not only lead to severe penalties but can also heavily influence negligence determinations in boating accident claims. If an operator is found to be under the influence at the time of an accident, this significantly increases their liability and can lead to more severe legal consequences.

Registration and Titling

All motorized boats, regardless of length, as well as sailboats longer than 14 feet, must be registered in Texas. Proper registration and display of numbers are required by law. Following an accident, the lack of proper documentation can complicate the claim process and potentially lead to penalties or fines, which may alter the dynamics of legal liability and compensation.

Navigational Rules and Speed Limits

Texas enforces specific navigational rules intended to prevent accidents, including speed regulations that require boaters to travel at a safe speed at all times, especially in crowded or narrow waters. Failure to adhere to these rules is viewed as negligent behavior in the event of an accident.

Other Examples of Unlawful Activity While Boating in Texas 

According to Texas Parks & Wildlife, the following are other examples of unlawful activity on the water that may affect boating accident claims: 

• Creating Hazardous Conditions: Do not operate your boat in a way that produces dangerous wakes or washes.
• Circular Navigation: Avoid operating in a circular pattern around other watercraft, swimmers, or people engaged in water sports unless you are assisting someone who is downed or engaged in activities like water skiing.
• No Wake Zones: In “no wake” zones, operate only at headway speed without creating a wake.
• Nighttime Water Skiing: Water skiing or similar activities are not permitted from half an hour after sunset to half an hour before sunrise, except in well-lit areas during authorized events.
• Reckless Operation: Operating any vessel or water sports equipment in a reckless manner that endangers or is likely to endanger people or property is punishable by fines and/or jail time.
• Swimming or Diving Near Vessels: Avoid swimming or diving within 200 yards of sightseeing or excursion boats unless it’s for maintenance or within a marked area.
• Adherence to Navigation Rules: Failure to follow the U.S. Coast Guard’s Inland Navigation Rules is not permitted.
• Engine Cut-Off Switch Requirement: Operators of vessels under 26 feet with an installed engine cut-off switch (ECOS) must wear the switch, especially when the vessel is moving faster than headway speed.

Chaile Allen is prepared to fight for the full compensation you deserve if you suffered harm due to one or multiple parties failing to abide by Texas boating laws and regulations. 

Speak With a Boating Accident Lawyer at The Law Firm of Chaile Allen 

The Law Firm of Chaile Allen brings over 15 years of legal experience to each case, ensuring you receive dedicated and personalized representation. Chaile Allen’s deep-rooted ties in West Texas gives her a unique understanding of local laws and community values, allowing her to effectively navigate the legal landscape and advocate for your rights.

Chaile Allen understands the complexities of Texas boating laws and will work tirelessly to hold negligent parties accountable. Call us at (325) 670-9282 or visit our contact form to discuss your case today.