Boat and PWC Accidents

Using a life jacket or other personal flotation device (PFD) may save your life in the case of a boating accident in Texas. Choosing the right PFD for each person and for the water conditions is especially important, since size, fit, and type do matter. In order to help keep your family safe during summer fun in the water, the Texas Parks and Wildlife Department Offers several tips to purchasing the right life jackets for your family.

In order to work properly, a wearable PFD must fit the person wearing it. To test the fit of a PFD, put it on and attach all the fastenings properly, adjusting them so that the PFD is snug around your torso. Once the PFD is on and snug, have someone else pull upwards on the shoulders of the PFD. If it fits properly, the top of the shoulders will not reach the bottom of your ears, and the jacket will fit snugly around your torso. It’s best to try on a PFD before buying it to ensure that it fits properly.

Texas law requires children ages 13 and younger to wear a PFD at all times when they are on a motorboat less than 26 feet long. All boats under 16 feet long should carry a Type I, II, III, or V PFD for each person on board. If the boat is over 16 feet long, it should also have at least one Type IV, or “throwable,” PFD that’s easily available. Canoes and kayaks, however, do not have to have a Type IV PFD on board.

A boating accident can quickly turn a summer day’s fun into tragedy. When an accident occurs, it can be difficult to figure out who was responsible for the accident or what your rights are under Texas law. An experienced Texas boat accident lawyer can help you make sense of what happened and seek compensation if someone else’s negligence or carelessness caused an injury.

Texas boating law regulates who may operate a boat and under what circumstances. Knowing the basics of the boating rules will help you keep your license current and let you know when it’s time to educate your children in boating safety.

Currently, Texas age and boater education requirements apply only to powerboats with ten horsepower or stronger engines, personal watercraft, and windblown boats over fourteen feet long. For these items, children under 13 may operate them only if they are accompanied by an adult who is 18 years old or older.

Children between 13 and 17 years old may operate these types of boats and watercraft if they are accompanied by an adult or if they have passed a Texas Parks and Wildlife-approved boater safety course. They must carry with them on the boat both their boater certification card and a photo ID. A driver’s license or student ID are both acceptable, according to the Texas Parks and Wildlife Department.

Teenage visitors to Texas may also operate powerboats, personal watercraft, or larger sailing vessels if they can demonstrate that they have completed a boater safety course, which is usually done by showing officials the teenager’s boater safety certification card from their home state. The course they completed must be one accepted by the Texas Parks and Wildlife Department and must be approved by the National Association of State Boating Law Administrators (NASBLA). To find out which programs are Parks and Wildlife-approved or to sign up for a Texas boater safety course, contact the Texas Parks and Wildlife Department at 1-800-830-2268.

Following safety rules and staying certified can help boaters prevent accidents. Unfortunately, even the most careful boaters may encounter trouble from other boaters or swimmers who are not so cautious. A skilled Dallas boat accident lawyer can assist those injured in boating accidents caused by another person’s negligence. Always stay alert when operating any type of boating vessel in Texas and keep an eye out for other boaters who may be operating their vessels dangerously.

A teen whose leg was cut off by a propeller in a 2005 boating accident on Lake Austin has been awarded $3.8 million in damages and medical expenses by a federal jury. According to a statesman.com report, jurors decided on April 5, 2010 that the boat manufacturer, Brunswick Corp., held over half the fault for the accident and the teen’s injury. Despite the verdict, Brunswick representatives affirm the safety of their products, which according to them, “are used safely and properly by boaters around the world.” Most of the compensation awarded to the teen is intended to pay for past and future medical costs. $100,000 was awarded for the teen’s disfigurement and $264,000 was given for physical pain.

Responsibility for the boating accident was also attributed to the injured teen and the driver of the boat. Apparently, the driver of the boat was unaware that the teen was in the water behind him, and put the boat in reverse. As a consequence of this action and since the manufacturer of the boat and motor did not provide safety devices (guards or covers), the teen’s right leg was cut and twisted by the propeller. Based on the report, a few medical professionals referred to the teen as a “one-in-a-million survivor” since the propeller cut deep into his flesh, muscle and bone. The teen suffered significant blood loss and was in cardiac arrest for at least 45 minutes.

The plaintiff’s lawyer stated that the jury’s decision is the first victorious case against the boating industry for an individual hurt by a motor. It was a U.S. Supreme Court decision in 2002 that permitted these types of cases to be pursued.

With springtime in full-swing and summer just on the horizon, the importance of boating and watercraft safety cannot be emphasized enough. Before hitting the water, please be sure that you discuss safety, first aid, CPR and even overboard communication and rescue with your passengers, family and friends.

Yesterday was my daughter’s 16th birthday.  We celebrated with a party out on Lake Lewisville.  It was a wonderful party and everything went off without a hitch — but it did bring to mind how important boating safety is and a few thoughts and tips that I could pass along to my readers.

At last count, Texas had over 600,000 registered watercraft that are used on the largest volume of inland water anywhere in the United States. With all of these boats on all of these lakes and rivers (not to mention the Gulf), accidents are not uncommon. Boating accidents can involve collisions between boats and between boats and personal watercraft, collisions between boats and obstructions such as rocks and tree trunks, and boats that capsize and trap people underneath. However, the most common type of boating‑related injury occurs when people fall off of a boat. The injuries caused by boating accidents are as serious as any that occur on land, and they include everything from broken bones and knee injuries all the way up to serious brain injuries and drowning.

According to the Texas Parks and Wildlife Department, Texas averages about 150 serious injuries and about 50 deaths every year in boating accidents.  The typical boating death involves:

1. an open motorboat;
2. people boating between noon and 7 p.m. on a weekend;
3. the victim falling overboard; and
4. an operator between 26 and 50 years of age.

Many boating accidents also involve the overuse of alcohol—statistics show that alcohol is a factor in about half of all boating accidents, and that the use of alcohol while boating more than doubles the risk of having an accident.

The number one thing you can do to protect yourself when boating is to wear a life jacket. Like wearing your seatbelt, the use of a life jacket takes little time or effort but significantly increases your chances of surviving an accident, especially if you fall into the water. In fact, over 85% of the victims of boating accidents who drown are not wearing a life jacket at the time. Be sure to wear your life jacket even if you are a good swimmer, because even a good swimmer can get tired, suffer from a cramp, or be caught in an unexpectedly strong current. Look for one that is approved by the Coast Guard, and do not rely on water wings, inner tubes, or other inflatable toys. The life jacket you choose should have the appropriate rating for a person of your size. A life jacket that is too small will not support you and one that is too big may slip off unexpectedly. Carry a few extras, in case someone falls in while not wearing one or in case you come upon someone from another boat who does not have one on.  Remember: The law requires that all children younger than 13 years old wear a life jacket at all times when the boat that they are on is moving. Also, riders of all ages must wear a life jacket while riding a Personal Water Craft (PWC or jet ski). Make sure that children have life jackets sized for their smaller bodies. It is also a good idea to carry other kinds of gear that will allow you to help someone who has fallen into the water, such as spare ropes and a first‑aid kit.

The other major thing you can do to prevent boating accidents is to control the use of alcohol. Many people who would never drink and drive think nothing of having a few drinks and then taking their boat out for a spin. The fact is that boating while intoxicated (BWI) is a crime just like driving while intoxicated, and the same blood‑alcohol level of 0.08 means that you will be presumed to be an impaired boater. If you are caught BWI, you can be arrested, jailed, and even lose your driver’s license.

If you are involved in a boating accident, it is a good idea to report it to the Texas Parks and Wildlife Department or (if the accident occurs in coastal waters) to the Coast Guard. If you have been injured in a boating accident through the negligence or carelessness of another, you might be entitled to be compensated for your injuries. The facts of each case will differ, and you will need to speak with an experienced lawyer to determine what your rights are.

BOATING SAFETY CHECKLIST

• Make certain you know how to safely operate the watercraft you are piloting. Consider taking a boating safety class.
• Make sure that your watercraft is well cared for and in good mechanical shape before taking it out on the water.
• Always wear a life jacket, and remember that children under the age of 13 are required to wear a Coast Guard‑approved life jacket while underway.
• Carry extra flotation devices in case you need to perform a water rescue.
• Follow the same rules that you would while driving your car: Operate the watercraft at a safe speed, do not overload it, and do not use alcohol. Boating while intoxicated is a crime that is treated in much the same way as driving while intoxicated, and it carries similar penalties.
• Keep a sharp lookout for submerged objects, other boaters, and, especially, personal watercraft such as jet skis.

Often boaters and jet skiers simply think of a day at the lake as “fun in the sun.” The video below is a grizzly reminder of how quickly things can go wrong.   In future posts to this blog category we’ll discuss laws affecting watercraft operators in Texas.

This video shows a recent jet ski accident that occurred just a few miles from my home: