Navigating the city’s waterways comes with responsibilities, and understanding local and state boating laws is essential for safety and legal protection. At KGS Law PLLC, a boat wreck attorney could help you understand how violations of Houston boating laws can lead to accidents and affect legal claims.
If you have suffered injuries in a boating accident, we could investigate the incident, determine liability, and fight for the compensation you deserve.
Key Boating Laws To Follow
Operating a boat in the Houston area is subject to many laws and restrictions under the Texas Water Safety Act, outlined in Texas Parks and Wildlife Code Chapter 31, which establishes rules for boating safety, vessel operation, and required safety equipment. You should be aware of:
- Navigation rules: Vessels must follow right-of-way, lighting, and signaling rules to avoid collisions
- Speed and wake restrictions: Specific waterways throughout the county have speed limits and no-wake zones to prevent accidents and property damage
- Boater education requirements: Anyone under 18 must complete a Texas Parks & Wildlife Department-approved boating safety course to operate a motorized vessel
- Accident reporting laws: Boat operators must report to the authorities any serious boating accidents that result in injury, death, or significant property damage
- Life jacket laws: All vessels must carry U.S. Coast Guard-approved life jackets for each passenger, with children under 13 required to wear them while the vessel is underway
- Intoxicated vessel operation laws: Operating a vessel under the influence of alcohol or drugs is illegal, with penalties similar to those for driving under the influence on land
We could help you understand how these boating laws may affect your Houston boat crash case.
Proving Negligence in a Boating Accident
Proving negligence is central to any boating accident case, as it establishes who is legally responsible for the injuries or damages sustained. Negligence occurs when a boater fails to exercise reasonable care, creating a foreseeable risk of harm to others. To prove negligence, the injured party must show four key elements, which are duty of care, breach of that duty, causation, and damages.
Boaters have a duty to operate vessels safely, comply with speed and wake restrictions, avoid alcohol or drug impairment, and maintain proper lookout. A breach might include reckless driving, operating under the influence, or failing to follow navigation rules. Causation requires demonstrating that the boater’s actions directly caused the accident, while damages cover physical injuries, medical expenses, lost wages, and property damage.
Evidence that can strengthen a case includes:
- Photographs
- Video footage
- Accident reports
- Expert testimony
- Eyewitness accounts
If the boater was violating the law at the time of the accident, the legal concept of negligence per se may also apply. A lawyer with knowledge of boating safety rules in Houston could help you gather and present this evidence, maximizing your chances of securing fair compensation.
What Should You Do if Someone Accuses You of Violating Boating Laws?
When you file a boating accident claim or lawsuit, your actions will be under scrutiny. The insurance company or a jury may consider whether your own actions contributed to the accident in some way. Under Texas Civil Practice and Remedies Code § 33.012, a court may reduce your compensation by the amount of fault that you bear and eliminate it entirely if you were more than 50 percent responsible.
Accordingly, you should fight back if someone wrongfully accuses you of acting unlawfully, because your financial compensation is at risk. Your accident lawyer in Houston with knowledge of state boating laws may need to present evidence that exonerates you from any accusations made against you to preserve your right to full compensation for your injuries.
Speak With a Houston Attorney About Boating Laws
At KGS Law PLLC, our lawyers are here to help you understand Houston boating laws and explore your legal options if you or a loved one has suffered injuries while on a vessel. Contact us today to schedule a free initial consultation with an attorney.