Texas Boating Accident Laws: Reporting Incidents

Reporting Boating Incidents

If you are involved in a boating incident, you must uphold certain legal obligations, including filling an incident report, rendering aid, and exchanging information with injured persons or owners of damaged property.

When do you have to file an incident report?

An incident report must be filed if the boating accident resulted in any of the following:

• Death (or a missing person presumed dead) within 48 hours of the accident.

• Injury requiring medical treatment beyond first aid.

• Property damage exceeding $2,000 to all vessels, docks, etc., involved in the accident.

How long do you have to file an incident report?

The timeframe for filing an incident report varies based on the severity of the accident:

• Within 30 days of the occurrence for incidents involving injury (requiring treatment beyond first aid) or property damage exceeding $2,000.

• Within 48 hours if the collision, accident, or casualty resulted in death or a missing person.

Who should you file the report with?

The incident report should be filed with:

• Your local game warden.

• Local law enforcement agency.

• Texas Parks and Wildlife Department (TPWD) by calling (800) 792-1112 or (512) 389-4848 for 24-hour dispatch.

Where do you get an incident report form?

Incident report forms can be obtained from:

• TPWD offices.

• Game wardens.

• Alternatively, you can call the TPWD 24 hours a day at 512-389-4848 to request a form or further assistance on how to proceed with your report.

Duty to Stop and Render Aid

The operator of any vessel involved in a boating accident must stop and render whatever assistance is practicable and necessary to save the vessel, crew, and passengers from or minimize any danger. This assistance must be provided insofar as the operator can do so without serious danger to his own vessel, crew, and passengers.

Information Exchange

After ensuring safety and providing necessary aid, the operator must give his/her name, address, and vessel identification number in writing to any injured person and to the owner of any damaged property.

Legal Consequences for Non-Compliance

Failure to follow these Stop and Render Aid requirements in an accident that results in death or serious bodily injury is considered a felony under the Parks and Wildlife Code. If the accident does not result in death or serious bodily injury, failing to comply with the Stop and Render Aid requirements is classified as a Parks and Wildlife Class A misdemeanor.