Texas Boat & Watercraft Accident Lawyers
Texas lakes and the Gulf draw millions of boaters every year — and produce hundreds of serious injuries. We help injured boaters and their families recover.
Why Families Across Texas Trust Patterson Law Group
Texas has more inland water than any other state in the lower 48. Lake Travis, Lake Conroe, Lake Texoma, Possum Kingdom, Eagle Mountain Lake, and the Gulf coast bring out hundreds of thousands of boaters every summer — along with predictable patterns of boating injuries. Alcohol-impaired operators, wake-throwing power boats, jet skis cutting across other vessels' paths, and inattentive captains all cause crashes that produce drownings, traumatic brain injuries, and propeller injuries.
Patterson Law Group has handled boating and watercraft cases for more than 30 years. These cases involve a complicated mix of Texas Parks & Wildlife regulations, Coast Guard rules, and sometimes federal maritime law. We have the experience to evaluate them properly. The consultation is free. We work on contingency.
If you've been hurt on the water — or if a loved one didn't come home from a boating trip — call us.
Offices in Fort Worth, Arlington, and San Antonio. Every case is taken on a contingency fee — no recovery, no fee.
Boating & Watercraft Cases We Handle
Boating injuries take many forms. We handle them all:
Texas Boating Law
Texas Parks & Wildlife Code Chapter 31 governs the operation of motorboats and personal watercraft on Texas waters. Operators must follow navigation rules, refrain from operating while intoxicated (BWI standards mirror DWI standards), and obey speed and no-wake zones. Operators born after September 1, 1993 must complete an approved boater education course.
Liability in boating cases generally follows Texas negligence principles, but cases on 'navigable waters' (federally-defined) can trigger maritime jurisdiction and federal maritime law. Maritime law has different damages rules, different limitations periods (often three years), and different procedural rules. Determining which framework applies is critical.
For ordinary Texas boating cases, the statute of limitations is two years from the date of the incident under CPRC §16.003. Maritime cases under general maritime law have a three-year limit (46 U.S.C. §30106).
How We Work With You
Our process is simple. You focus on your recovery. We handle everything else.
- 1 Call us. Tell us what happened. Free, confidential, no obligation. We'll give you an honest answer about whether you have a case.
- 2 We investigate. Police reports, surveillance footage, medical records, witness statements, expert consultations. We build the case the right way from day one.
- 3 You focus on healing. We handle every insurance call, every demand, every negotiation. If they refuse to pay fairly, we take them to trial.
Local Offices & City Pages
Patterson Law Group serves all injured Texans from our physical offices in Fort Worth, Arlington, and San Antonio. For city-specific information on this practice area:
How this complements existing sections
The Astro page currently uses the standard 8-H2 template. The sections below are additive and sit between the existing "Texas Boat Accident Law" block and the existing "How We Work" block. No duplication of existing FAQ items.
Tone: confident, plainspoken, Texas-led. No fabricated case results, testimonials, or statistics. All TPWC and federal citations verified.
Where Texas Boat Accidents Happen — Lake by Lake
North and Central Texas water is busy water. The lakes within reach of our Fort Worth, Arlington, and San Antonio offices see hundreds of thousands of boater-days every summer, and the accident patterns vary by lake.
Eagle Mountain Lake (Tarrant County). A close-to-Fort Worth recreational lake popular with bass boats, wakeboarders, and pontoons. Crowded weekends, narrow channels near the Hwy 199 bridge and Twin Points, and limited night lighting produce a steady stream of collision and wake-related claims.
Lake Worth (Tarrant County). Smaller and shallower than Eagle Mountain, with concentrated traffic and a mix of personal watercraft and pleasure boats. Shore-strike and grounding accidents are common.
Benbrook Lake (Tarrant County). A US Army Corps of Engineers reservoir with three public parks and a busy ramp at Mustang Park. Open-water collisions, propeller-strike injuries near swim areas, and PWC accidents are the typical patterns.
Lake Granbury, Possum Kingdom Lake, Lake Whitney (within easy reach of DFW). Larger reservoirs with longer fetch, faster boats, and the same mix of recreational use that produces collisions, groundings, and tow-sport injuries.
Lake Travis and the Highland Lakes chain (Austin area). High-volume recreational boating, party boats, large wake-sport vessels, and the famous "Devil's Cove" cluster. Travis sees a significant share of Texas's serious boating-injury claims every summer.
Lake LBJ, Inks Lake, and Lake Buchanan. Steady recreational traffic, including jet-boat and PWC operations that produce both collision and high-speed strike injuries.
Canyon Lake, Lake McQueeney, Lake Dunlap, and the Guadalupe River chain (San Antonio area). Within easy reach of our San Antonio office, with their own seasonal dynamics — including tube and personal-watercraft use on river segments where current and crowding combine.
Coastal waters. The Galveston Bay system, Corpus Christi Bay, South Padre Island, and the Texas Intracoastal Waterway. Coastal cases introduce navigable-waters and admiralty issues that change the legal framework substantially.
Texas Boating Law: Operating Rules and Required Reporting
Texas Parks and Wildlife Code Chapter 31 — the Water Safety Act — governs the operation of motorboats and personal watercraft on Texas waters. Knowing the statute is the first step in establishing the violation.
Required equipment. TPWC §31.066 and TPWD regulations require a Coast Guard-approved personal flotation device for every person on board, a Type IV throwable PFD on vessels 16 feet or longer, proper navigation lights when operating from sunset to sunrise, a fire extinguisher for inboard and certain outboard motorboats, and a sound-producing device. Children under 13 must wear a PFD when underway in vessels under 26 feet.
Operator age and education. Persons born on or after September 1, 1993 must complete an approved boater education course before operating a motorboat over 15 horsepower or a personal watercraft on Texas public waters (TPWC §31.108).
Reckless operation. TPWC §31.094 makes operating a vessel in a willful or wanton disregard for safety unlawful. Common reckless-operation patterns: wake-jumping within 50 feet of another vessel, weaving through congested traffic, operating at high speed within designated swim areas, and night operation without proper lights.
Reporting. TPWC §31.103 requires the operator of a vessel involved in an accident that results in death, disappearance, or injury requiring medical treatment beyond first aid — or property damage above a statutory threshold — to file a written accident report with TPWD within specific timeframes (immediately by the quickest available means for death or serious injury; within 30 days for other reportable accidents). Failure to report is a separate violation and can support negligence and gross-negligence findings.
Right-of-way and navigation rules. Inland navigation rules (often called the COLREGS for international waters, with parallel U.S. inland rules) govern crossing, meeting, and overtaking situations on Texas inland waters. Violations are negligence per se when they cause a collision.
Comparative fault. Tex. Civ. Prac. & Rem. Code §33.001 applies. Statute of limitations for state-law claims is two years under §16.003; admiralty claims have their own statutes of limitations and laches doctrines.
Boating Under the Influence (BUI) in Texas
Alcohol and boating remain a deadly combination on Texas waters. Texas law treats intoxicated boat operation as seriously as it treats DWI.
The statute. Texas Penal Code §49.06 makes it a Class B misdemeanor (or higher for repeat or aggravated offenses) for a person to operate a watercraft while intoxicated. "Intoxicated" carries the same definition as in DWI cases — loss of normal use of mental or physical faculties due to alcohol, drugs, or a controlled substance, or a blood alcohol concentration of 0.08 or higher.
Implied consent. Texas Penal Code §49.06 and related law-enforcement provisions allow specimen collection where a peace officer has probable cause to believe the operator was intoxicated. Refusal to provide a specimen carries administrative and evidentiary consequences.
Why BUI matters in civil cases. A BUI arrest or conviction supports negligence per se and is strong evidence of gross negligence — opening the door to exemplary damages under §41.003 and the §41.008 cap. We pull law-enforcement reports, breath and blood test results, and any TPWD game warden investigation files in every case involving suspected impairment.
Marina and dram shop exposure. Where a lakeside bar or marina restaurant served alcohol to an obviously intoxicated person who then operated a vessel and caused injury, Texas Alcoholic Beverage Code §2.02 dram-shop liability can apply. The provider must have served alcohol when it was apparent the person was obviously intoxicated to the extent of presenting a clear danger. Investigation includes server-training records, surveillance video, sales records, and tabs.
Social host liability. Texas social-host liability is narrower than dram-shop, but exists in specific circumstances involving service to minors. Each case is fact-specific.
State vs Federal Jurisdiction — Where the Case Gets Filed
The water under the boat at the time of the accident determines the law that applies. This is one of the things that makes boat cases different from car cases.
State waters. Inland Texas lakes that are not navigable in the federal sense are governed by Texas state law. Eagle Mountain, Benbrook, Worth, and many of the Highland Lakes fall here. State-law negligence applies. Cases are filed in Texas district court. The Texas Civil Practice & Remedies Code framework — §33.001 comparative fault, §16.003 SOL, §41.0105 paid-or-incurred, §§41.003 and 41.008 exemplary damages — controls.
Federal navigable waters. Federal admiralty jurisdiction applies on the navigable waters of the United States: the Gulf of Mexico, coastal bays, the Intracoastal Waterway, and certain interconnected inland waters. When the accident occurs on navigable waters and involves a "traditional maritime activity," admiralty law can apply. Admiralty cases can be filed in federal court (with a "saving to suitors" clause allowing concurrent state-court filing in many instances). Admiralty introduces its own framework: pure comparative negligence (no 50% bar), maintenance and cure for injured seamen, the Jones Act for maritime workers, and specific damages doctrines that differ from Texas state law.
Why it matters. Whether a particular Texas lake is "navigable" for admiralty purposes is a fact-specific federal-law question. Most large Texas inland reservoirs are not, but some — particularly those connected to navigable waterways — are. The first analysis on any serious boat case is the jurisdictional question, because it shapes the entire substantive framework and venue strategy.
Texas Workers' Compensation interaction. A captain or crew member injured in the course of employment may have a Jones Act seaman's claim instead of, or in addition to, traditional workers' compensation. The status determination matters and is litigated.
Common Boat Accident Scenarios and the Injuries They Produce
Boat accidents do not break down neatly into "crashes" the way car accidents do. The mechanisms vary, and so do the injuries.
Vessel-on-vessel collisions. Two motorboats meeting, crossing, or overtaking. The most common cause is operator inattention — looking at electronics, drinking, distracted by passengers. Impact injuries include TBI from striking the cockpit or console, spinal injuries, rib and chest trauma, lacerations from broken hardware, and ejection injuries.
Propeller strikes. A swimmer, skier, tuber, or person in the water struck by a moving boat's propeller. These are some of the worst injuries in our practice — severe lacerations, traumatic amputations, exsanguinating bleeding, and frequent fatalities. TPWD propeller-guard advisories and operator-failure-to-watch theories drive liability.
Wake injuries. A larger vessel's wake hitting a smaller boat at speed. Passengers thrown from seats, slammed into hulls, suffering compression fractures of the spine, pelvic injuries, and TBI. The wake-thrower may be liable for reckless operation.
Tow-sport injuries. Wakeboarding, water-skiing, tubing. Falls at speed produce spinal injuries, drownings (especially when a fallen rider is not promptly retrieved), and impact with the towing boat.
Drowning and near-drowning. Anoxic brain injury from submersion is a category of catastrophic harm we see in boat cases. Survivors may have profound, permanent cognitive deficits. PFD failure, alcohol, and operator negligence in retrieval all factor.
PWC (jet ski) crashes. High-speed personal watercraft are involved in a disproportionate share of serious injury claims. Throttle-locked PWCs continue forward after rider ejection; "off-throttle steering loss" is a known design issue addressed by manufacturers.
Fires, fuel explosions, and CO poisoning. Engine compartment fires, fueling explosions at marinas, and carbon monoxide poisoning from inboard engines (particularly with "teak surfing" or swim-platform exposure).
How PLG Investigates and What Compensation You Can Recover
Boat cases reward fast, organized investigation. Witnesses scatter, vessels go back to the trailer or the boatyard, and video evidence cycles off.
TPWD investigation. Game wardens are the primary investigators of serious Texas boating accidents. The TPWD accident report — which is required under §31.103 — is one of the first documents we obtain. Game-warden notes, photographs, and any law-enforcement findings (including BUI) become foundational evidence.
Marina and dock video. Most public ramps and many private marinas have surveillance cameras. We send preservation letters within days of intake.
Witnesses. Other boaters on the water, occupants of nearby vessels, anyone on the dock. We canvass and contact while memories are fresh.
Vessel preservation. The boat itself is evidence. Damage profiles, paint transfer, propeller condition, throttle position, navigation light status, and fuel and oil levels all matter. We preserve where possible and photograph thoroughly.
Experts. Marine accident reconstructionists, naval architects (for hull or stability issues), human factors specialists, and biomechanical engineers for injury causation. For drowning and near-drowning, treating neurologists and life-care planners for anoxic-injury damages.
Insurance. Boat policies are not auto policies. Some are stripped-down liability-only policies; others are comprehensive. Coverage exclusions for racing, BUI, or unlicensed operators can apply. The boat operator's homeowner umbrella may extend over the watercraft in some cases. Texas no-fault concepts (PIP, MedPay) generally do not apply on the water; first-party medical recovery is more limited.
Damages. Same Texas framework as other PI: economic damages (medical, lost earnings, future care, household services), non-economic damages (pain, mental anguish, impairment, disfigurement, loss of enjoyment of life), exemplary damages where gross negligence is proved (BUI is the most common trigger), and Chapter 71 wrongful death for surviving family members. The §41.0105 paid-or-incurred rule and §33.001 modified comparative fault apply.
Call Patterson Law Group at (817) 784-2000 for a free consultation. Contingency fee — no fee unless we recover. Offices in Fort Worth, Arlington, and San Antonio. Se Habla Español.
Frequently Asked Questions
Who's liable when a Texas boating accident happens?
The operator of any vessel involved, the owner of the vessel if different, the charter or rental company, and in some cases the manufacturer of defective equipment. Drunk boating (BWI) operators can face the same kinds of exemplary damages as drunk drivers.
Is a boating accident case the same as a car accident case?
Similar but not identical. Texas Parks & Wildlife regulations govern boating operation, and on some waters federal maritime law applies — changing the damages rules, the limitations period, and the procedure. Boating cases require lawyers who know which framework applies.
How long do I have to file a Texas boating accident case?
Two years under CPRC §16.003 for ordinary Texas cases. Cases under general maritime law have a three-year limit. Determining the applicable law early is critical so you don't miss a deadline.
Can I sue for drowning or wrongful death on a Texas lake?
Yes. Wrongful death claims arising from boating incidents follow Texas Civil Practice & Remedies Code Chapter 71 (or maritime equivalents). Surviving spouses, children, and parents can recover. Punitive damages may apply when alcohol or recklessness is involved.
What about cases on the Gulf of Mexico or coastal waters?
Coastal and Gulf cases more often trigger federal maritime jurisdiction. Maritime law has different damages rules, different available recoveries, and different limitations. We evaluate every coastal case for jurisdictional issues at the outset.
Does Texas state law or federal maritime law apply to my boating case?
Depends on the body of water. Cases on the 'navigable waters of the United States' (most major Texas lakes connected to navigable rivers, plus all coastal waters) are governed by federal maritime law. Cases on small inland lakes are governed by Texas state law. Maritime cases have a three-year limitations period under 46 U.S.C. §30106; state cases have a two-year period under §16.003. The classification of the water is sometimes contested early in the case.
Are boating-under-the-influence cases handled differently?
Texas BUI (Boating Under the Influence, Parks and Wildlife Code §31.097) carries the same 0.08 BAC threshold as DWI. When a BUI is established, dram-shop liability under Chapter 2 of the Alcoholic Beverage Code may apply to the marina, bar, or boat rental company that over-served the operator. Gross-negligence findings (and exemplary damages under §41.003) routinely follow BUI.
Does Texas's recreational-use immunity statute apply to a boat-accident case?
Texas's recreational-use statute (Texas Civil Practice and Remedies Code §75.002) provides limited immunity to landowners who allow recreational use of their land, including private lakes and waterways. The statute does not apply to gross negligence, and it does not apply to commercial operators (boat rental companies, charter operations). Recreational-use defenses are often defeated where the operator was paid or where the defendant's conduct meets the gross-negligence threshold.
What injuries do boat-accident cases produce most often?
Drowning and near-drowning are the most serious outcomes; near-drowning frequently produces anoxic brain injury. Propeller-strike injuries are catastrophic — laceration, amputation, severe blood loss. Blunt-force trauma from collisions, falls, and being struck by towed water-sports equipment is also common. Cold-water exposure on Texas lakes in early spring and late fall produces hypothermia even in seemingly mild temperatures.
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