Boat, ATV, train and plane
Dallas boating accident lawyer.
A day on the lake can end with a collision, a person thrown overboard or someone struck by a propeller, and there is no lane line or traffic camera to show what happened. Boats are not required to carry insurance in Texas, alcohol is often involved, and witnesses scatter back to the ramps by sunset. We move quickly to get the game warden's report, find the people who saw it, and track down every policy that may cover the operator, the owner or the rental company.
Right now
If the boating accident just happened.
- 01
Get medical care
Head injuries, near drowning and propeller cuts need a doctor right away. Lung problems after swallowing water can show up hours later, so get checked even if you feel fine.
- 02
Call 911 so a game warden responds
Texas game wardens investigate boating accidents and boating while intoxicated. Write down the warden's or officer's name and the report number.
- 03
Identify the boat and the operator
Photograph the registration numbers on the bow, the boat's name, the operator and the owner if different. For a rental, get the rental company's name and the paperwork you signed.
- 04
Get witnesses before they leave the lake
People on other boats, the dock or the shore often saw more than anyone. A name and phone number is enough.
- 05
Do not sign a release or give a statement
Rental companies and insurers may ask you to sign forms. Call us first. The first consultation is free, in English or Spanish.
Key deadlines and numbers
- Deadline to sue under Texas law
- 2 years from the accidentSource: Tex. Civ. Prac. & Rem. Code 16.003
- Boating while intoxicated
- A crime in Texas, the same 0.08 standard as drivingSource: Tex. Penal Code 49.06
- Duty to stop and help
- An operator in an accident must stop, help and give identifying informationSource: Tex. Parks & Wild. Code 31.104
- Written accident report
- Required to Texas Parks and Wildlife, with short deadlines when someone is hurt, killed or missingSource: Tex. Parks & Wild. Code 31.105
- If you are partly at fault
- You can recover if you are 50% or less at fault, reduced by your shareSource: Tex. Civ. Prac. & Rem. Code 33.001
Texas law
How the law treats a boating accident.
Boat operators owe the same basic duty as drivers: keep a lookout, keep a safe speed and distance, and do not operate impaired. Texas boating laws on safety equipment, education and intoxication help show what a careful operator should have done. On some waters, federal maritime law can also apply and change the rules.
| Who | When they may be responsible |
|---|---|
| The operator | Speed, no lookout, drinking, wake too close to swimmers or other boats, inexperience. |
| The boat owner | Letting someone drunk, untrained or too young run the boat. |
| A rental company or marina | Poor maintenance, no safety briefing, renting to someone obviously impaired, missing life jackets. |
| A manufacturer | Defective steering, throttle, fuel system or a jet ski design flaw. |
Boater education is required for many operators
People born on or after September 1, 1993 must complete a boater education course to run a jet ski or a boat with more than 15 horsepower. Whether the operator had it, and whether the owner checked, can matter.
Source: Tex. Parks & Wild. Code 31.109Intoxication on the water is evidence of fault
A boating while intoxicated arrest, or a serious injury charge against the operator, runs separately from your injury claim. The criminal case does not pay your bills, but its evidence can help prove the claim.
Source: Tex. Penal Code 49.07Federal maritime law on some waters
On waters used for interstate commerce, federal maritime law can apply. It can change the deadline to three years and lets boat owners ask a federal court to limit their liability, with strict deadlines for the injured to respond. We check which law applies early.
Source: 46 U.S.C. 30106How we work
How we build a boating claim.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and you get updates in English or Spanish.
01
Get the official reports
The game warden or police report, the operator's report to Texas Parks and Wildlife, 911 audio and any intoxication test results.
02
Find witnesses and video
Marina and ramp cameras, phone videos from other boaters and social media posts from that day. We ask for them before they are deleted.
03
Preserve the boat
The damaged boat or jet ski can show the angle and speed of impact, and any mechanical failure. We demand that it not be repaired or sold before it is inspected.
04
Track down the insurance
A boat policy, the owner's homeowner's policy, an umbrella policy or the rental company's coverage. Since boat insurance is not required in Texas, this step matters.
05
Negotiate, and file in the right court
State or federal court depends on where it happened and which law applies. When the offer is not fair, we file and prepare the case for trial.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“This attorney takes his time with every client, I love that he speaks Spanish so it was nice to fully understand him.”Questions people ask us about money and paperwork.
- Who pays my medical bills right now?
- Usually your health insurance or a doctor who agrees to wait for the case. A boat policy may also have medical payments coverage. We help you line this up.
- I signed a waiver when I rented the jet ski
- That is not always the end. Texas courts require clear, conspicuous language to release a company's own negligence, and a waiver does not cover everything. Bring us the paper.
- Do I need papers to make a claim?
- If someone else caused the accident, you can make a claim. Talk to us privately. What you tell us stays between you and the firm.
Dallas and Odessa
North Texas lakes.
Families from Oak Cliff and all of Dallas spend summer weekends on Joe Pool Lake, Lake Ray Hubbard, Lewisville Lake, Grapevine Lake and Lavon Lake. These lakes get crowded on holidays, with ski boats, pontoons, jet skis and swimmers sharing the same coves. A claim may be filed in Dallas, Tarrant, Denton, Collin, Rockwall or another county depending on where the accident happened, and we handle each from our Oak Cliff office.
FAQ
Questions people ask.
Who is responsible when a boat hits a swimmer or a tuber?
Usually the operator, who must keep a lookout and a safe distance, and sometimes the owner who let them drive. If the boat was towing the tuber, the operator also had a duty to the person being towed.
I was a passenger on a friend's boat. Can I make a claim?
Yes. Claims like this are usually paid by insurance, not out of your friend's pocket. A homeowner's or boat policy may cover it. We can explain how it works before you decide.
Is drinking on a boat illegal in Texas?
Passengers can drink, but the operator cannot be intoxicated. Boating while intoxicated is a crime, and an intoxicated operator who causes serious injury can face a felony. That evidence is important to an injury claim.
How long do I have to file?
Under Texas law, generally two years. If federal maritime law applies, it can be three years, but other federal deadlines can be much shorter. Talk to a lawyer early so the right clock is used.
My child was hurt on a boat or jet ski
Get your child medical care and keep the records. Texas requires young children on smaller boats to wear a life jacket while underway, and limits who can operate a jet ski. A child's deadline to sue is usually paused until age 18, but evidence is not, so call early.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- Drunk driver crashes
- Wrongful death
- Injuries to children
- Swimming pool accidents
- Catastrophic injuries
- Brain injuries
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.