According to the Texas Parks and Wildlife Department’s Annual Report, boat accidents in 2023 resulted in 97 injuries, 28 deaths, and nearly $770,000 in property damage. The leading cause of these accidents was operator inattention.
If you’ve been involved in a boating accident, it’s critical to understand which laws apply to your case. Unlike car accidents, which follow uniform state laws, boating accidents depend on where the accident occurred. An experienced Houston maritime injury lawyer can review your case and explain whether maritime law or Texas state law applies.
When Does Maritime Law Apply in Texas?
Maritime law (admiralty law) governs vessels operating on navigable waters. These are waters subject to the ebb and flow of tides or waters that are used — or could be used — for interstate or foreign commerce.
In Texas, the following may qualify as navigable waters under maritime law:
- Angelina River
- Big Cypress Bayou
- Brazos River
- Colorado River
- Neches River
- Red River
- Rio Grande
- Sabine River
- Sulphur River
- Trinity River
By contrast, bodies of water within Texas that are not navigable — such as Lake Houston, Lake Conroe, and Sheldon Lake — fall under state law jurisdiction. Additionally, Texas state waters extend nine nautical miles into the Gulf of Mexico.
Because the dividing line can be complicated, it’s best to consult an attorney to determine which laws apply to your boating accident.
Maritime Law vs. Texas Personal Injury Law
Knowing whether maritime law or state personal injury law applies is vital because the rules differ significantly:
- Filing Deadlines
- Texas personal injury: usually 2 years from the accident.
- Federal maritime claims: generally 3 years, with exceptions.
- Damage Caps
- Texas law sometimes limits compensation.
- Maritime law claims may not be subject to the same caps.
- Court System
- Texas personal injury cases: typically filed in state courts.
- Maritime cases: often handled in federal courts, though both allow jury trials.
For injured workers at sea, different rules also apply under federal maritime protections.
Special Laws for Injured Maritime Workers
If you were working on a vessel at the time of your accident, the Jones Act may apply. This law allows seamen to file lawsuits against their employers if negligence contributed to their injuries. Unlike workers’ compensation, Jones Act claims often allow for broader recovery — but proving employer negligence is required.
Who Can Be Liable for a Texas Boat Accident?
Several parties may be held responsible for boating accidents, including:
- Boat operators – driving while intoxicated, distracted, or violating boating laws.
- Boat owners – allowing unqualified individuals to operate their vessel.
- Rental companies – failing to maintain rental boats properly.
- Manufacturers – selling boats with defective designs or components.
If you were injured while working on a vessel, you may also have additional legal options under maritime law.
Learn Which Laws Apply to Your Case – Contact Orange Law
The central question in boating accidents is whether Texas personal injury law or federal maritime law governs your claim. Because the distinction can affect your compensation and legal rights, having an experienced lawyer on your side is essential.
At Orange Law, our Houston personal injury and maritime lawyers can investigate your accident, determine which laws apply, and fight for the maximum compensation available.
Contact a Houston Personal Injury Lawyer Today
If you’ve been injured in a boating accident, don’t wait. Call Orange Law at (713) 885-9787 for a free consultation.
