A boat operator is required to assist anyone injured in an accident immediately after the boat operator sees it, as long as doing so will not endanger his or her own vessel or their passengers. This is required by both federal maritime law and Texas law.
The first action a boat operator involved in a boat accident is required to do is stop their vessel and help anyone who has suffered injuries in the accident, unless doing so would put their boat or passengers in danger of suffering harm.
Boating accidents can happen suddenly and without warning, leaving witnesses and those involved in the accident in a state of shock and confusion. As a boating operator involved in an accident, it’s important to know what to do in this kind of situation. It can help ensure your safety and the safety of all parties involved while also protecting your legal rights. In this blog, we’ll go into detail about what to do if you are involved in a boating accident.
If you have been injured in a boating accident, contact the San Antonio boating accident lawyers at Janicek Law today. Our boating accident lawyers can help you understand your rights and help you file a boating accident claim, allowing you to seek compensation for any losses you suffered as a result of the accident.
Call 210-366-4949 to schedule a free consultation with an experienced boating accident attorney on our team.
If You Are Involved in a Boating Accident, What is the First Thing You Must Do?
The first thing you’re legally required to do after a boat accident is stop the boat and check on the passengers involved in the accident. Render medical care to anyone seeking medical attention and those who have otherwise sustained injuries or been thrown overboard, as long as doing so won’t put your other passengers in serious danger. If anyone involved in the accident sustained a serious injury, request medical treatment immediately.
If the boating accident resulted in severe injuries, extensive personal property damage, or casualties, you’re required by law to report the boating accident to local authorities. From there, you can file an insurance claim regarding the boat accident and pursue a boating compensation claim if the accident was the fault of another negligent boater.
In recreational areas with high traffic, like Lake LBJ, where personal watercraft and rental boats are extremely common, a Lake LBJ boat accident lawyer from our legal team can help you determine whether vessel operator negligence, lack of supervision, or unsafe equipment contributed to your injuries.
Stop the Vessel Immediately
In the event of a boat accident, the first action you must take is to stop the vessel immediately. This helps prevent further harm and allows you to assess the situation and provide necessary medical care to those in need.
Assist Anyone Injured in the Boating Accident
Once the vessel is stopped, the next priority is to assist anyone injured in the boating accident. This may involve providing first aid or calling for emergency medical assistance, depending on the severity of the injuries.
If Anyone Has Fallen Overboard, Help Them Back Into the Boat
If the boating accident involved passengers falling overboard, act quickly to help them back into the boat. Use life-saving equipment such as a life jacket or flotation devices, and employ proper rescue techniques to ensure their safety.
Move the Boat Out of Harm’s Way
After the boating accident occurred, if everyone has been accounted for and assisted, boating operators are to move the boat out of harm’s way, if possible. This helps prevent further boating accidents or damage from other boats and ensures the safety of everyone involved.
Gather Information at the Accident Scene
Once the boat is secure, the next step for boating operators is to gather information at the accident scene. This includes documenting the details of the incident, taking photographs of any damages or injuries sustained, and exchanging contact information and insurance details (including insurance company names and vessel identification numbers) with all parties involved.
In Texas, boat operators are required to provide passengers and other boat operators involved in the incident with their contact information in writing. This includes their name, address, and boat registration or identification number.
If an accident occurred near a narrow or rocky stretch locally, a Marble Falls boat accident lawyer can help preserve the location-specific evidence that can affect personal injury claims.
Contact Local Authorities or the Coast Guard
After gathering information, it’s essential to contact local authorities or the Coast Guard to report the accident. This helps initiate any necessary rescue or investigation efforts and ensures compliance with relevant boating regulations and laws. Having a report of the accident may also help you in a future boating accident claim.
Seek Medical Attention
One of the most important things you can do in the wake of a boating accident is to seek medical treatment for yourself or any other passengers involved in the incident. If anyone has injuries that require more than basic first aid, contact local emergency services and request immediate medical attention.
Even if you do not think you have serious injuries, the adrenaline from the accident may be masking your symptoms, or your injuries may worsen over time. Prioritize the health of yourself and other passengers by seeking professional medical help whenever possible.
Notify Your Insurance Company of the Boating Accident
Following a boating accident, it’s essential to notify your insurance company as soon as possible. Reporting the boat crash promptly allows the insurance company to begin the claims process and ensures that you receive the support and coverage you need to address any damages or injuries resulting from the accident.
If there were multiple boats involved in the accident, and another boat operator was responsible for the accident, you may be able to file a claim with the at-fault operator’s insurance company.
When is a Boat Operator Required to Assist Anyone Injured in an Accident in Texas?
A boat operator is always required to assist anyone injured in a boating accident immediately upon becoming aware of the injuries. The only time they are not required to assist injured accident victims is when assisting them would put the operator’s vessel or passengers in serious danger.
Regardless of the circumstances leading to the injuries, the boat operator must prioritize providing aid and medical assistance to those in need to prevent further harm and ensure their well-being.
Boat operators owe their passengers and others on the water a duty of care, which is a duty to behave in a way that prevents unnecessary harm to others. Failure to fulfill this duty may result in legal consequences for the boat operator, including potential liability for negligence or breaching maritime regulations.
If you were an injured passenger in this situation, you may be able to pursue a legal claim with assistance from a Horseshoe Bay boat accident lawyer. Our attorneys understand the complexities of accident cases involving smaller inland lakes.
What is the Primary Responsibility For a Vessel Operator Assisting a Boat in Distress?
The primary responsibility for a vessel operator assisting a boat in distress is to make sure all individuals involved are safe without endangering his or her own vessel or the passengers onboard.
Vessel operators should:
- Approach the boat in distress safely to avoid a collision or make the situation worse
- Help any injured parties if possible
- Offer to help with signaling, towing, or communicating
- Notify the Coast Guard or local police if the other vessel needs professional rescue help
- Stay at the scene until help arrives or the vessel no longer needs assistance.
This duty is part of maritime law and applies to all vessel operators, regardless of fault.
Unfortunately, some boat operators don’t fulfill this obligation because their judgment and reaction times are impaired by drug or alcohol use. But how does alcohol use affect boat operators or passengers?
Alcohol impairs decision-making, coordination, and crucial reaction times. When you’re on the water, alcohol’s effects are intensified. This leads to the parties getting drunker faster than on land. Drinking is a major factor in many boating accidents and directly interferes with the operator’s ability to safely help others who may be in distress.
Which Safety Precaution Should Be Taken First By a Boat Operator When Boating in Stormy Weather?
The first safety precaution a boat operator should take when boating in stormy weather is to make sure every single passenger is wearing a life jacket. This reduces the drowning risk if the vessel should capsize or a passenger falls overboard during the stormy weather.
Once all passengers have their life jackets on, the boat operator should slow down, move to sheltered waters if possible, and watch for weather updates.
Our legal team has extensive experience navigating intervening vs superseding cause in Texas, which often comes into play in weather-related events.
What is the First Action Required of a Boat Operator Who Witnesses a Boating Accident?
If you are a boat operator and you witness a boating accident, it is your legal duty to provide assistance however you can. If anyone has sustained injuries, give first aid and/or request immediate medical assistance. If anyone fell overboard, and you are near enough to help them out of the water, do so. This is especially important when the water is cold, since there is a risk of hypothermia.
Additionally, the boat operator should gather relevant information about the accident scene and report the incident to local authorities or the Coast Guard as soon as possible to ensure the accident is documented and investigated.
In Areas of Heavy Boat Traffic, How Can The Operator Reduce The Chances of a Collision?
In areas of heavy boat traffic, the operator can reduce the chances of a collision by ensuring they maintain a safe speed and scan the water continuously using mirrors or radar if possible. This means boat operators should avoid all distractions and watch for navigation markers, hazards, and obviously, other boats. Keeping a safe distance from other vessels is key to avoiding collisions in areas with heavy boat traffic.
There are high traffic levels and recreational use on many Texas waterways. If you’ve been injured locally, a Lake Travis boat accident lawyer can help you determine liability for accidents occurring in congested lake conditions where visibility or right-of-way problems often lead to major vessel collisions.
When Should You File a Boating Accident Report in Texas?
In Texas, boat operators are required to file a boating accident report within 30 days of the accident if the accident caused:
- Bodily injuries that required more than first aid;
- A casualty; or
- More than $2,000 in property damage.
The boat operator must report the details of the accident to a marine safety enforcement officer, who will file a written boating accident report on the incident.
Victims Involved in Boating Accidents Need Strong Legal Representation From The San Antonio Boating Accident Lawyers at Janicek Law
Boating accidents can cause severe injuries, emotional trauma, and financial burdens for both victims and their families. If you’ve been faced with such a distressing situation, you need strong legal representation from an experienced attorney to help navigate defenses, like assumption of risk in Texas.
At Janicek Law, our lawyers have experience handling boating accident claims in the San Antonio area and beyond. If you’ve been involved in a boating accident in Horseshoe Bay, Marble Falls, Calaveras Lake, Canyon Lake, or another local body of water, the boating accident lawyers at Janicek Law are here to help you navigate the complex process of filing a boating accident claim.
Call us at 210-366-4949 or fill out our contact form to schedule a free initial consultation with a Texas boating accident lawyer regarding your case.
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