Brian White | August 2, 2024 | Maritime Law
According to the Texas Parks and Wildlife Department’s Annual Report, boat accidents injured 97 people, killed 28 others, and resulted in nearly $770,000 of property damage in 2023. The most common cause of these accidents is operator inattention. If you have been involved in a boating accident, it is critical that you understand the laws that apply to the case.
Car accidents have a more straightforward legal system. Most of the same rules apply regardless of which road the collision occurred on. However, when a boat accident occurs, the location of the accident dictates the laws that apply. An experienced maritime injury lawyer can review your case and determine the laws that apply.
When Maritime Law Applies to Boating Accidents in Texas
Maritime law applies to vessels out at sea and in “navigable waters,” defined as waters that are subject to the ebb and flow of the tide” and have been, are currently being used, or may be used to “transport interstate or foreign commerce.” In particular, sections of the following areas may be navigable waters and subject to maritime law:
- Angelina River
- Big Cypress Bayou
- Brazos River
- Colorado River
- Neches River
- Red River
- Rio Grande
- Sabine River
- Sulphur River
- Trinity River
Otherwise, bodies of water within a state’s borders are subject to state law, including Lake Houston, Lake Conroe, and Sheldon Lake in Texas. Notably, Texas state waters extend nine nautical miles from the shoreline of the Gulf of Mexico.
Complicated legal disputes often arise regarding this specific issue. It’s best to contact an attorney if you’re not sure if maritime law applies to your case.
Maritime Law vs. Personal Injury Law
It is essential to know whether maritime law or state law applies to your personal injury claim because these laws have fundamental differences, including:
- Filing deadlines – The statutes of limitations to file a lawsuit are different for personal injury claims vs. maritime claims. For personal injury claims, the statute of limitations is usually two years, but for maritime claims based on federal law, it is generally three years from the accident date. There are exceptions to these time limits.
- Damage caps – Personal injury cases in Texas sometimes have a cap on compensatory damages. Maritime cases do not necessarily have the same cap; it depends on the specific type of claim.
- Factfinder – Personal injury cases are tried before state judges, but maritime cases are heard by judges in federal district court. Both jurisdictions allow the right to a trial by jury.
There are also different rules for workers injured at sea.
Laws That Govern Injured Sea Workers
Maritime law can also apply when a worker is injured while out at sea. The Jones Act is the central law that establishes a boat or vessel worker’s right to file a lawsuit if their employer was negligent. These claims allow injured workers to recover more compensation than they would typically be eligible for under a workers’ compensation claim, but they require you to show your employer was negligent.
Who Is Legally Responsible for Boat Accidents
Various parties may be liable for boat accident injuries. Possible parties and legal theories of why they bear liability in your case may include:
- Boat operators who drive while intoxicated, distracted, or in violation of laws
- Boat owners who entrust the boat to someone unsafe to operate it
- Boat rental companies who rent out boats that have not been properly maintained
- Boat manufacturers when the boat is defectively designed or manufactured
If you were injured while working, you may have options available to you as well. An experienced boat accident lawyer can investigate your case and determine who is responsible for your injuries.
Learn the Laws That Apply to Your Case – Contact Us for a Free Case Review
A central question in a boating accident case is which laws apply. Sorting out jurisdiction can be complicated as state law may apply in some situations, but maritime law may apply in others.
Contact Attorney Brian White Personal Injury Lawyers for help with your case.
Contact a Houston Personal Injury Lawyer to Help You With Your Claim
For more information, contact the Houston personal injury law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 500-5000.
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