Board-Certified Personal Injury Attorney
The boat is back at the dock, the adrenaline is fading, and now your shoulder is throbbing while your mind races through what just happened. In the hours after a boating accident on Galveston Bay or the Gulf, what you do next shapes both your health and your injury claim. Get everyone to safety, seek medical care, report the accident to a Texas game warden or the Texas Parks and Wildlife Department (TPWD), and document everything before you talk to an insurer. A Galveston County boating accident attorney like Bill T. Wells, Of Counsel to The Payne Law Group, can protect your rights and pursue the compensation you deserve.
What Should You Do First After a Boating Accident?
Your first priority is safety and health, not paperwork. Account for everyone on board, check for injuries, and get medical help right away. Staying calm and helping others reach safety matters more than anything else in those first minutes.
- Get everyone to safety and put on life jackets if you are still in or near the water.
- Call 911 for any serious injury, and move clear of further hazards if you can do so safely.
- Seek medical care even if you feel fine, because adrenaline and cold water often mask injuries that surface hours later.
- Stay at the scene until help arrives and it is safe to leave.
Water injuries are deceptively serious. According to U.S. Coast Guard data cited by Texas Parks and Wildlife Department, drowning caused 76% of recreational boating deaths in 2024, and 87% of those who drowned were not wearing a life jacket.
Does Texas Law Require You to Stop and Report the Accident?
Yes. Texas law requires the operator of any vessel involved in an accident to stop and render aid, and to give their name, address, and vessel identification number in writing to anyone injured or whose property was damaged.
You must also report the accident to a Texas game warden, local law enforcement, or the Texas Parks and Wildlife Department within 30 days if it resulted in death or a missing person, an injury that needs treatment beyond first aid, or property damage over $2,000.
These duties are not optional. Failing to stop and render aid is a Class A misdemeanor, and it rises to a felony when the accident causes death or serious bodily injury. Reporting also creates an official record that can support your claim later.
What Evidence Should You Gather at the Scene?
Strong documentation often separates a fair settlement from a denied claim. If you are physically able, collect as much as you safely can before leaving the water.
- Names, contact details, and insurance information for every operator and passenger involved.
- Vessel registration numbers and a short description of each boat.
- Photos and video of the vessels, the damage, your injuries, and the water and weather conditions.
- Names and contact information for anyone who witnessed the crash.
- Your own written account of what happened while the details are still fresh.
Avoid apologizing or guessing about fault. A casual comment taken out of context can be used to reduce what you recover.
Could Alcohol or Operator Negligence Affect Your Claim?
Often, yes. Many boating accidents trace back to operator error, excessive speed, inexperience, distraction, or alcohol, and proving that negligence is central to your claim.
Operating a watercraft while intoxicated is a crime in Texas. A person commits boating while intoxicated when they operate a vessel while impaired or with a blood alcohol concentration of 0.08 or higher. If the operator who caused your injuries had been drinking, that evidence can help prove negligence and, in cases involving especially reckless conduct, may support a claim for exemplary (punitive) damages.
Bill T. Wells has extensive experience handling serious injury and wrongful death claims. He knows how to investigate these claims to determine what really happened on the water before evidence disappears.
Should You Talk to the Insurance Company After a Boating Accident?
Report the accident to your own insurer promptly and be careful with the at-fault operator’s insurance company. Adjusters are trained to limit payouts, and an early recorded statement or quick settlement offer can work against you.
You are not required to give the other party’s adjuster a recorded statement. Before you accept any offer or sign a release, have a lawyer review the full value of your claim, including future medical care and lost earning capacity. Once you settle, you usually cannot reopen the claim if your injuries turn out to be worse than they first appeared.
How Long Do You Have to File a Boating Accident Claim in Texas?
In most cases, you have two years. Texas generally gives injury victims two years from the date of the accident to file a personal injury lawsuit, and wrongful death claims run two years from the date of death.
Some situations carry shorter or different deadlines, such as claims involving a government entity or work covered by maritime law. Insurance companies also set their own, much earlier reporting deadlines. Waiting too long can permanently bar your claim, so it is wise to speak with a lawyer soon after the accident.
Talk to a Galveston County Boating Accident Attorney
If you or someone you love was hurt in a boating accident, you do not have to face the insurance companies alone. Bill T. Wells is a Board-Certified personal injury trial lawyer with more than 30 years of experience and over 500 court appearances in Galveston County. Contact Bill T. Wells, Of Counsel to The Payne Law Group, for a free consultation. Phones are answered 24 hours a day. Se Habla Español.