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Houston Boating Accident Lawyer

Legal Representation for Boat Injury Victims Across Texas

If you or a loved one has been injured in a boating accident in Houston or anywhere in Texas, you shouldn’t have to face the aftermath alone. The Houston boating accident lawyers at Joel A. Gordon & Associates are here to help you put your life back together. With decades of experience fighting for injured Texans, our Texas maritime injury law firm blends professionalism with genuine compassion. We understand the physical pain, emotional trauma, and financial stress that a boat crash can inflict on victims and their families. Our goal is to shoulder the legal burdens so you can focus on healing, while we pursue compensation for boat accident victims to cover medical bills, lost wages, pain and suffering, and more.

Boating is a way of life in the Houston area from weekends on Lake Conroe and Clear Lake to fishing in Galveston Bay. Unfortunately, as recreational boating increases, so do accidents on the water. In fact, Texas has seen a worrying rise in boating incidents. During a recent five-year span, nearly 1,000 boating accidents were reported in Texas, causing about 200 fatalities.

Early 2021 alone saw a 40% increase in boating fatalities compared to the previous year. These tragic statistics highlight why legal guidance is so important after a serious boating under the influence accident or any boat crash. Navigating the aftermath of a boat wreck can be complex different laws may apply on waterways, and determining fault is not always straightforward. An experienced Houston boating accident lawyer can provide the knowledgeable support you need to protect your rights and seek justice.

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Common Causes of Boating Accidents

Boating accidents are often preventable and usually stem from negligence or unsafe behavior on the water. Some of the most common causes of boat crashes in Houston and across Texas include:

Boating Under the Influence (BUI)

Operating a boat while intoxicated is illegal and extremely dangerous. Alcohol is the leading contributing factor in fatal boating accidents. Impaired boaters have slower reaction times and poor judgment, which frequently leads to collisions and deadly incidents. Boating under the influence accidents often result in severe injuries or drownings because an intoxicated operator cannot respond properly to emergencies.

Excessive Speed and Reckless Driving

Just like on the road, speeding on the water can be a recipe for disaster. Many boat collisions happen because someone was driving a boat too fast for the conditions or performing reckless maneuvers. At high speeds, boat operators have less time to react to obstacles or other vessels. Texas officials report that excessive speed is among the top five contributing factors in recreational boating accidents. Dangerous behaviors like sharp turns, jumping wakes, or racing can cause a boat to lose control or capsize.

Operator Inexperience

Inexperienced or unskilled boat operators are a major cause of accidents. Unlike drivers of cars, boaters in Texas are not required to have a license or formal training to operate a watercraft. This lack of required education means many people at the helm don’t know navigation rules, how to handle emergencies, or even how to properly dock or anchor. Inexperience can lead to errors in judgment, especially in crowded waters or bad weather. Simple mistakes like not understanding right-of-way or overestimating one’s handling skills can result in collisions or capsizing.

Lack of Safety Equipment

Failing to carry or use proper safety gear can turn a survivable incident into a tragedy. Every boat should have life jackets for all passengers, fire extinguishers, radios, and other safety equipment. Unfortunately, some boat owners skip these essentials or passengers choose not to wear life vests. Not wearing a life jacket greatly increases the risk of drowning about 86% of drowning victims in boating accidents were not wearing life vests. Lack of safety equipment such as navigation lights or horns can also contribute to accidents, especially at night or in bad visibility, if other boats can’t see or hear you.

Mechanical Failure

Sometimes a boat accident is caused by the boat itself malfunctioning. This could include engine failure, steering loss, throttle sticking, or even a crack in the hull that causes flooding. When a critical system fails, boat operators and passengers may be caught off guard and unable to prevent a crash or capsizing. Mechanical issues can result from poor maintenance by the owner or a defect in the boat’s design/manufacture. For example, a sudden engine failure might leave a boat drifting into danger, or a blown fuel line could start a fire onboard. While less common than operator error, mechanical failures can be devastating if they occur at the wrong moment.

Rental Boat Issues

Boat rental companies play a role in safety, and problems in this area can lead to accidents. Sometimes rental boats are improperly maintained, increasing the risk of engine problems or equipment breaking on the water. In other cases, a rental company might neglect to provide adequate instructions or safety briefings to renters. They may rent personal watercraft or boats to tourists or inexperienced individuals without ensuring the person knows how to operate it safely or isn’t intoxicated. Rental jet skis are especially prone to crashes if riders are unsupervised or not educated on handling. When a crash involves a rental boat or Jet Ski, the rental company’s negligence (such as failing to supply life jackets or renting to an underage or unqualified operator) could be a contributing cause of the accident.

Client Testimonial: ★ ★ ★ ★ ★

I was very pleased with the outcome of my case. Joel Gordon was never hard to reach and always had an answer to any question. He did a good job at keeping you updated with anything that went on. He goes out of his way to make sure his client is satisfied. I would definitely recommend him to anyone who has been in an accident.

– Kimberly Colindres

Injuries Sustained in Texas Boating Accidents

Boats lack the protective features of cars (like seat belts or airbags), so when accidents happen on the water, the injuries can be severe. Victims of boating and jet ski accidents often suffer one or more of the following injuries:

Traumatic Brain Injuries (TBI)

A hard blow to the head can happen if a boat suddenly stops or during a collision, causing occupants to strike the deck or objects. Additionally, near-drowning can lead to brain damage from lack of oxygen if someone is submerged too long. TBIs range from concussions to severe permanent brain injury, and they often require extensive medical treatment and rehabilitation.

Drowning and Near-Drowning Injuries

Drowning is, of course, the most tragic outcome of a boating accident. If a victim is underwater too long and cannot be revived, it results in a fatality. In non-fatal near-drowning cases, a person may survive but suffer serious complications like brain hypoxia (brain injury due to lack of oxygen), lung damage, or long-term neurological issues. Even a strong swimmer can drown in a sudden boating accident, especially if knocked unconscious or injured. Prompt rescue and wearing a life jacket are key to preventing drowning in an accident.

Broken Bones and Fractures

The impact forces in a boat crash can easily break bones. Common fractures in boating accidents include broken arms, wrists, or legs from trying to brace during a collision, fractured ribs from hitting the side of the boat or other objects, and broken facial bones if the victim strikes a console or railing. Recovering from multiple fractures can take months and may require surgeries, casting, and physical therapy. These injuries also often result in significant medical bills and time away from work.

Hypothermia

Even though Texas is known for warm weather, water temperatures (especially in deeper lakes or during cooler months) can cause hypothermia if you’re immersed for a prolonged period. Hypothermia sets in when the body’s core temperature drops too low, which can happen surprisingly fast in water. A person who falls overboard or is stranded after a capsizing can lose body heat quickly. Hypothermia can lead to confusion, loss of consciousness, or cardiac arrest. In some cases, victims suffer hypothermia in addition to other injuries, complicating their recovery. Quick rescue and proper medical attention are essential to prevent long-term harm.

Spinal Cord Injuries

Severe impacts or falls in a boating accident can injure the back or neck. A spinal cord injury might occur if a person is thrown against a hard surface or if they dive off a boat and hit shallow ground. These injuries can range from herniated discs and cracked vertebrae to full spinal cord damage leading to paralysis. Spinal injuries often require emergency surgery and can result in lifelong disabilities. They are considered catastrophic injuries and may entitle victims to substantial compensation due to the extensive medical care, assistive devices, and alterations to lifestyle required.

Other injuries such as deep lacerations, internal organ damage, electrocution (from damaged wiring), or amputations (from propeller accidents) can also occur, but the above list covers the most frequently seen injuries in Texas boating accidents. No matter the type of injury, our legal team will work to document the full extent of your harm and fight for the compensation needed for your treatment and recovery.

Give our team a call today at 877-213-5004

Liability in Boating Accidents

Identifying who is liable (legally responsible) for a boating accident is a critical part of any claim. In many cases, one person’s negligence is the primary cause but sometimes multiple parties share blame. Our Houston boating accident lawyers will thoroughly investigate to determine fault. Depending on the circumstances, any of the following parties (or a combination) may be held liable for your boat crash:

Negligent Boat Operator

The boat operator (driver) is often the first place to look for liability. If a boat driver was careless for example, driving drunk, speeding, not paying attention to the water, or otherwise operating in an unsafe manner they can be held responsible for any injuries and damage that result. Operators have a duty to follow navigation rules and operate their vessel safely. When they breach that duty and someone gets hurt, the operator is liable for negligence. Even if both boat operators in a two-vessel collision were partially at fault, each may bear a percentage of liability. Our attorneys will gather evidence (witness statements, accident reports, any available video, etc.) to prove a negligent boater caused the crash.

Boat Owner

Sometimes the person at fault is the owner of the boat, even if they weren’t driving it at the time. An owner might be liable under a theory of negligent entrustment – for instance, if they allowed an unlicensed, underage, or clearly inexperienced person to operate their boat and that person caused an accident. Boat owners are also responsible for proper maintenance of their vessel. If a boat’s owner failed to fix a known mechanical issue or didn’t stock required safety equipment (like life jackets or lights) and those failures contributed to an accident or injuries, the owner can be held accountable. Essentially, owners must take reasonable care in who they let use their boat and in keeping the boat seaworthy.

Boat Rental Company

If your accident involved a rented boat or Jet Ski, the rental company may share liability. Rental companies have an obligation to keep their watercraft in safe working order and to ensure customers are given basic safety instructions. If a rental company provided faulty equipment (for example, deficient steering or missing safety gear) or rented to someone obviously unfit to operate the vessel, the company can be considered negligent. We have handled cases where a rental jet ski’s brakes failed and caused a crash, as well as situations where companies failed to warn about bad weather or water conditions. In Texas, rental agencies should check that renters have any required boater education certification (for certain age groups) and aren’t intoxicated. When they don’t fulfill these duties and an accident happens, we will pursue a claim against the business for their negligence.

Manufacturers or Mechanics

Occasionally, a boating accident is traced back to a defective part or negligent repair. If a boat or a component (engine, fuel system, steering system, etc.) had a design or manufacturing flaw that led to an accident, the manufacturer could be strictly liable under product liability laws. For example, if a boat has a defect that causes it to catch fire or lose steering, the company that built or sold the boat may be liable for resulting injuries. Similarly, a mechanic or service company that worked on a boat could be liable if they performed repairs improperly. Say a marine mechanic failed to secure the steering linkage during a repair if that linkage comes apart later and causes a loss of control, the mechanic’s negligence could make them responsible for the accident. These cases often require expert analysis to pinpoint the product failure or service error that contributed to the crash.

Alcohol Providers (Dram Shop Liability)

Under Texas law, there are situations where a bar, restaurant, or another alcohol provider can be held liable for a boating accident caused by an intoxicated operator. Texas dram shop laws allow injured victims to pursue a claim against an establishment that overserved alcohol to someone who was clearly intoxicated, if that person then causes injury or death. In the context of boating, this could apply if, for example, a marina bar continued to serve a boat operator who was visibly drunk, and that boater then left and caused a serious accident on the water. Dram shop cases have specific requirements and can be complex, but they are an important avenue to ensure all responsible parties pay their share. Our Houston boating accident lawyers can investigate where a drunk boater was drinking prior to the crash and determine if an alcohol provider’s negligence contributed to the incident.

It’s important to note that Texas follows a comparative negligence rule, meaning more than one party (including the victim) can be assigned a percentage of fault. If the boating accident victim is found partly at fault (for example, not keeping a proper lookout or not wearing a life jacket when required), their compensation can be reduced by that percentage. We work hard to counter any claims of contributory negligence that insurance companies might raise, so that our clients receive the maximum compensation possible.

One complicating factor in boat accidents is insurance. Unlike auto drivers, Texas boat owners are not required by law to carry boat liability insurance. Many responsible boaters do have insurance, but if you’re injured by an uninsured boater, recovering damages can be more challenging. Our Houston boating accident lawyers understand how to pursue compensation even in these tough situations whether it’s identifying other insurance policies (for instance, some homeowner’s insurance or umbrella policies may cover boating liability) or suing the at-fault boater personally. We will leave no stone unturned to get you the financial recovery you need after a boating accident, regardless of the insurance issues.

Reasons to choose us

How Our Houston Boat Crash Lawyers Can Help

Handling a boating accident injury claim is a complex task – but you don’t have to go through it alone. Our Houston boating accident lawyers have the experience and resources to guide you through every step of the legal process. When you hire Joel A. Gordon & Associates after a boat accident, here’s how we can help.

When you choose Joel A. Gordon & Associates, you are choosing a dedicated team that will fight tirelessly for your rights. From the first phone call through the final resolution of your case, our Houston boating accident lawyers will be in your corner, advocating for you to receive full and fair compensation for your injuries and losses.

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1. Thorough Investigation

We immediately launch a comprehensive investigation into your boating accident. This includes obtaining official accident reports (from law enforcement or the Texas Parks & Wildlife game wardens who often handle boating incidents), gathering witness statements, and examining physical evidence. We may visit the accident scene, take photographs of the boat and injuries, and even work with maritime accident experts or reconstruction specialists to understand exactly how the crash happened. By piecing together the evidence, we identify the responsible parties and build a strong case for negligence.

2. Handling Insurance and Claims

Dealing with insurance companies after a boating accident can be frustrating. Boat insurance policies (if they exist) and homeowner’s insurance claims often involve complex clauses and jurisdiction issues, especially if the accident occurred on navigable waters. Our attorneys will take over all communications with insurance adjusters so you don’t have to worry about saying the wrong thing or being pressured into a low-ball settlement. We’ll file the necessary claims, submit required documentation, and aggressively negotiate for a fair settlement that covers all your damages. If multiple insurance policies might apply (for example, the boat owner’s policy, the operator’s homeowner policy, or an underinsured boater provision), we will sort that out and pursue every avenue for compensation.

3. Legal Guidance and Support

We pride ourselves on being not only legal representatives but also counselors for our clients. After a serious boat accident, you likely have many questions about your rights and what comes next. We will explain the law in clear terms and keep you updated on your case’s progress. Our team is here to advise you on important decisions, such as whether to accept a settlement or proceed to litigation. Throughout the case, we provide compassionate support we know you’ve been through a traumatic event, and our aim is to reduce your stress by handling the hard parts of the claim. You will always have access to your attorney to discuss concerns. At Joel A. Gordon & Associates, clients are treated like family, not case numbers.

4. Litigation and Trial Representation

While many boating accident claims settle out of court, we prepare every case as if it may go to trial. If the insurance company refuses to offer a reasonable settlement, our experienced trial lawyers will not hesitate to file a lawsuit on your behalf. We are fully prepared to take your case before a judge or jury to fight for the justice and compensation you deserve. Joel A. Gordon & Associates has a strong track record of success in court, and insurance companies know we won’t back down. Whether through skillful negotiation or aggressive litigation, we pursue the maximum recovery for you. Our firm understands both Texas personal injury law and maritime/admiralty law (when it applies to accidents on navigable waters), giving us an edge in complex boating injury cases.

5. Free Consultation & No Fee Unless We Win

We believe that every victim of a boating accident should have access to quality legal representation, regardless of finances. That’s why we offer a free consultation to evaluate your case and answer your questions. There is no upfront cost to hire our firm we work on a contingency fee basis. This means you pay nothing unless and until we win compensation for you. Our fees are simply a percentage of the settlement or verdict, agreed upon in advance. This arrangement allows you to get legal help immediately, without adding any financial burden. We even advance the costs of investigating and litigating the case, so you can focus on your recovery. If we don’t win, you owe us nothing. It’s as simple as that. Our confidence in our ability to help you is reflected in this no-win, no-fee promise.

Boating Accident FAQs

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Who is responsible if I was hit by a drunk boater?

If you were injured by a drunk boater, the intoxicated boat operator will almost always be considered at fault and legally responsible for the accident. Boating under the influence (BUI) is against the law in Texas, just like drunk driving on the road. An inebriated boat operator who causes a crash is negligent per se, meaning they breached their duty to operate safely by being impaired. You have the right to file a claim against that drunk boater for your injuries, including medical bills, property damage, lost wages, and pain and suffering. In many cases, the drunk operator may also face criminal charges (BWI – Boating While Intoxicated), but the criminal case is separate from your civil injury claim. It’s important to work with a lawyer who can gather evidence of the driver’s intoxication (such as police reports or breathalyzer results) to strengthen your civil case.

In some situations, additional parties could share liability. For example, if the drunk boater was operating someone else’s vessel, the boat’s owner might be liable for negligently allowing an unfit driver to use it. Furthermore, Texas has dram shop laws that might apply if the boater became intoxicated at a bar or restaurant before the accident the establishment could potentially be held liable for overserving alcohol to a visibly drunk person. These scenarios can be complex, so having an experienced attorney investigate all angles is crucial. Bottom line: the person who hit you while drunk is primarily responsible, and you can pursue a claim to hold them (and possibly others) accountable for the harm they caused.

Can I file a claim for a jet ski crash?

Yes, you can absolutely file a claim if you were injured in a Jet Ski or other personal watercraft accident provided the crash was caused (at least in part) by someone else’s negligence or a product defect. Jet Skis may be smaller than boats, but they are powerful machines and are considered vessels under the law. Common scenarios include another PWC rider colliding with you, a boat colliding with your Jet Ski, or you being a passenger on a Jet Ski that crashes due to the operator’s carelessness. In such cases, you can file a personal watercraft injury claim against the at-fault operator just as you would for a boat accident. Our firm has experience handling Jet Ski crashes and will investigate whether the other operator was reckless, speeding, impaired, or otherwise negligent. We will gather witness accounts and even download any available engine or GPS data from the watercraft if possible to prove what happened.

If your jet ski accident was caused by something like equipment failure, you might have a claim against the manufacturer or rental company. For example, if the throttle stuck or the engine cut off at a critical moment due to a defect, the manufacturer could be liable under product liability law. Or if you rented the Jet Ski and the rental company failed to provide proper safety instructions or gave you a damaged machine, they could be held responsible. In summary, whether you were a Jet Ski rider hit by another vessel or a swimmer hit by a reckless PWC driver, you have the right to seek compensation for your injuries. An attorney can identify the proper defendants be it an individual operator, a rental company, or a product manufacturer and help you file a claim to recover damages for your medical bills, lost income, and pain and suffering.

What if I wasn’t wearing a life jacket?

Not wearing a life jacket does not prevent you from filing a boating accident injury claim, but it can potentially affect the case. In Texas, adults are generally not legally required to wear a life jacket (children under 13 must wear one on a moving boat, and certain activities like personal watercraft riding require it by law). So, if you weren’t wearing a life jacket as an adult, you haven’t broken any law by itself. You can still pursue a claim against the negligent party who caused the accident. The focus will be on their actions (such as speeding, intoxication, or other negligence) that led to the incident. We would demonstrate that the other party’s negligence is what caused your injuries.

However, the at-fault party’s insurance might argue that your injuries were more severe because you weren’t wearing a life vest. This is a comparative negligence argument essentially claiming you bear some responsibility for the extent of your injuries. For example, if you nearly drowned, they might say that outcome could have been avoided had you worn a life jacket. In legal terms, if the case goes to court, a jury could decide that not wearing a life jacket makes you partially at fault for your own injuries. If you’re found, say, 20% at fault, your compensation could be reduced by that 20%. As long as you are 50% or less at fault under Texas law, you can still recover damages (if a victim is found more than 50% at fault, they cannot recover in Texas). Arguing contributory fault is a common tactic for insurance companies, but an experienced lawyer can counter it by focusing on the primary negligence of the other party.

It’s also worth noting the safety aspect: Wearing a life jacket greatly increases your chances of survival in a boating accident. According to the U.S. Coast Guard, 79% of fatal boating accident victims drown, and 86% of those drowning victims were not wearing life jackets. While not wearing a life jacket might be used against you to some extent in a civil case, it does not bar you from recovery – especially if the accident was clearly caused by someone else. Our attorneys will fight to make sure any such arguments have minimal impact on your claim. In the future, we strongly encourage everyone to wear life jackets on the water for their safety, but if you were hurt in an accident and weren’t wearing one, we can still help you seek compensation for your injuries.

Contact a Houston Boating Accident Lawyer Today

Joel A. Gordon & Associates will help you understand your rights and what alternatives you have in proceeding with a case

A serious boating accident can upend your life but you don’t have to go through this difficult time alone. Contact Joel A. Gordon & Associates today to speak with an experienced Houston boating accident lawyer about your case. We proudly serve clients in Houston and across the state of Texas. Whether your injury happened on a local lake, a river, or off the Gulf Coast, our legal team is ready to help.

Call us at (281) 943-5555 or toll-free at 877-213-5004 for a free, no-obligation consultation. We will listen to your story, answer your questions, and explain your rights and options. You can also reach out through our online contact form to schedule your free case review. We are available 24/7 to assist you, and if you cannot come to our Houston office, we can arrange a phone or video consultation for your convenience.

Don’t wait – the sooner you get a dedicated boating accident attorney involved, the better. Time is of the essence in preserving evidence and building a strong case. Plus, Texas law generally gives you two years from the date of the accident to file a personal injury lawsuit (and wrongful death claims must be filed within two years of the date of death). Missing that deadline could bar you from recovery, so it’s important to act promptly.

At Joel A. Gordon & Associates, you will never pay anything upfront. We only get paid if we win your case. Our firm has over 30 years of experience standing up for accident victims’ rights, and we are committed to securing the justice and compensation you deserve. Let us help you hold the negligent party accountable and get your life back on track after a boating accident. Call now to get started on the path toward recovery and peace of mind. We’re here to help you navigate the legal waters while you focus on healing.