Yes. Parks and Wildlife Code § 31.104 requires the operator of a vessel involved in an accident to stop, render whatever assistance is necessary unless doing so would endanger their own vessel or passengers, and give their name, address, and vessel identification in writing to anyone injured and to the owner of damaged property. Failing to do so is a Class A misdemeanor, and a felony where the accident caused serious bodily injury or death.

Yes, in defined circumstances. Parks and Wildlife Code § 31.105 requires a report to a local law enforcement agency or to Texas Parks and Wildlife within 30 days where the accident caused a death, a missing person, an injury requiring treatment beyond first aid, or property damage exceeding $2,000. The report is filed on the state's boating accident form and it becomes a foundational document in any claim that follows.

Texas game wardens, not city police or the sheriff's office. That is why a boating file looks nothing like a car crash file, why the investigating officer may not arrive for some time, and why the marine investigation report carries so much weight. Knowing which agency holds the file, and requesting it promptly, is a routine step that people handling these claims themselves usually miss.

Sometimes, and the exclusions are where people get hurt. Many homeowners policies extend liability coverage to small boats but exclude vessels above a certain length or horsepower, and exclude business use entirely. Separate watercraft policies are common and their liability limits are frequently modest relative to the injuries a propeller or high-speed collision causes. Every applicable policy needs to be located and read early.

The rental operation may be responsible for negligent maintenance, inadequate instruction, failure to provide required safety equipment, or renting to someone visibly unqualified or impaired. Expect the rental agreement to contain a broad liability waiver, and expect the operator to rely on it. Waivers of that kind are not automatically enforceable in Texas, particularly as to gross negligence, and they should be reviewed rather than accepted.

Yes, and intoxication strengthens the claim considerably. Boating while intoxicated is a criminal offense in Texas, the criminal investigation frequently produces evidence the civil claim can use, and conduct of that kind can support exemplary damages. Alcohol is present in a substantial share of serious boating incidents, and it is one of the first things a competent investigation examines.

Propeller strikes are among the most severe injuries in boating and they generate their own line of inquiry: whether an engine cutoff switch was installed and in use, whether a propeller guard was appropriate for the vessel, whether the operator kept a proper lookout, and whether the boat was moved with people in the water. These cases frequently involve claims against the operator and against equipment makers at the same time.

An operator is responsible for their vessel's wake, and wake claims are common on Lake Travis and Lake Austin where traffic is dense and shoreline structures are close. These claims turn on speed, distance from other vessels and structures, and whether the incident occurred in a posted no-wake zone. Injuries from being thrown inside a boat struck by a wake are more serious than people expect.

Usually not. Inland lakes are generally governed by Texas law, so the ordinary state deadlines and damages rules apply. Maritime law can apply on waters that are navigable and connected to interstate commerce, and when it does it changes the applicable deadlines, the available damages, and sometimes the court. That determination should be made early rather than assumed, because getting it wrong can cost the claim.

The game warden's report, photographs of hull and propeller damage before repair, GPS and chartplotter data, the rental agreement if there was one, the vessel's maintenance records, and witnesses from other boats who leave the water quickly and are difficult to find later. Vessels also get cleaned and repaired without any of the formality that surrounds a damaged car.

Two years from the incident under Civil Practice and Remedies Code § 16.003 for a claim under Texas law. If maritime law applies the deadline can be different, which is another reason that question gets answered at the beginning rather than the end.

The firm is based in Austin and represents clients throughout Texas, primarily in Travis County, Williamson County, and Bastrop County.

Board certification by the Texas Board of Legal Specialization recognizes attorneys who demonstrate substantial experience in a specific area of law, pass a rigorous examination, and receive peer review.Brent A. Devere is Board Certified in Consumer and Commercial Law, Consumer Bankruptcy Law, Residential Real Estate Law, and Commercial Real Estate Law by the Texas Board of Legal Specialization.Working with a board-certified attorney means your case is handled by a lawyer with proven knowledge, experience, and commitment in their field.

The initial consultation is free. You can call the Austin office or use the contact form to schedule one, and there is no cost or obligation to discuss your situation.

Yes. The firm handles most types of litigation. If your matter isn't listed among the practice areas, contact the office to discuss whether the firm can help.