Navigating the Legal Waters: Understanding Liability in Jet Ski Accidents

Jet skiing is a thrilling water activity that many enjoy as a recreational hobby or an adrenaline-filled sport. However, like any water activity, certain risks are involved, and accidents can happen. Understanding liability in jet ski accidents is crucial for enthusiasts and those who may encounter them on the water. 

This guide will provide a comprehensive overview of liability in jet ski accidents, including the parties involved and their potential legal responsibility.

Exploring Jet Skis

Like Kleenex, Jet Ski is another brand name that has become synonymous with the product. Jet Ski is actually a trademarked brand owned by Kawasaki, but it is often used to refer to any type of personal watercraft (PWC). Other popular PWC brands include Sea-Doo and Yamaha. 

PWCs are small vessels powered by an inboard motor designed for one or two people. They are lightweight, agile, and can travel at high speeds on the water, making them famous for water sports and recreational activities. However, they are still helpful for rescue operations and other water-related work tasks.

A PWC is a type of recreational vessel. According to U.S. Code Title 46 Section 2101 (25), this class of vessel is mainly for pleasure and is not for commercial use. While they are not subject to inspection, PWCs still have federal and state regulations to follow, such as registration and safety equipment requirements.

The Prevalence of Personal Watercraft Accidents

Jet Ski and other PWC accidents are not uncommon, especially in areas where water sports are popular. According to the United States Coast Guard’s 2022 Recreational Boating Statistics, there were 4,040 reported recreational boating accidents in the United States in 2022, resulting in 2,222 injuries, 636 fatalities, and approximately $63 million in property damage. PWCs are the second leading type of vessel with most casualties, with open motorboats being the first. 

With Texas’ vast coastline and numerous lakes, PWC accidents make up a significant portion of all boating accidents in the state. According to the Texas Parks and Wildlife Department‘s 2023 report, there were 175 recreational boating incidents, including 76 injuries, 28 deaths, and $769,868 in property damage. PWCs are just behind open motorboats in the top types of vessels involved in accidents.

Common Causes of Personal Watercraft Accidents

Several factors contribute to jet ski accidents. Below are the leading contributing factors:

• Operator Inattention: Being distracted while operating a watercraft can lead to collisions and other incidents.
• Operator Inexperience: Inexperienced riders may struggle to control the vehicle, leading to accidents.
• Improper Lookout: Accidents can happen when the operator or the designated lookout person does not pay attention to their surroundings.
• Excessive Speed: PWCs can reach high speeds quickly, and riders may underestimate their speed or lose control. Reckless operations, performing stunts, and racing can also lead to accidents.
• Machinery Failure: Mechanical issues can cause accidents, such as sudden stops, loss of steering, or propulsion.
• Weather Conditions: Inclement weather, such as strong winds or rough waters, can make it difficult to operate a PWC safely.
• Alcohol Use: Just like driving a car, operating a jet ski while under the influence of alcohol is dangerous and can lead to severe accidents.
• Navigation Rules Violation: Failure to follow navigation rules, such as giving way to other vessels or maintaining proper distance, can result in collisions.
• Hazardous Waters: Operating a PWC in areas with underwater hazards, strong currents, or heavy boat traffic can increase the risk of accidents.
• Force of Wake/Wave: PWCs can create large wakes that may affect other vessels, swimmers, or objects in the water.

The USCG and TPWD reports cite operator inattention as the leading cause of PWC accidents in 2022 and 2023, respectively. 

Common Jet Ski Injuries

Jet ski accidents can result in various injuries, ranging from minor cuts and bruises to severe trauma or drowning. Some of the most common injuries include:

• Lacerations and Abrasions: Contact with the water or other objects can cause cuts and scrapes.
• Concussions: Collisions, falls, or being thrown off the jet ski can result in head injuries.
• Sprains, Fractures, and Broken Bones: Impact with water or collision with objects can cause broken bones or ligament damage.
• Back and Neck Injuries: Jet skiing involves a lot of jolting movements, which can cause back and neck strains or injuries.
• Traumatic Brain Injuries (TBI): Head injuries are common in jet ski accidents and can result in permanent brain damage.
• Spinal Cord Injuries: Severe accidents can lead to spinal cord injuries, which can result in paralysis or loss of bodily function.
• Drowning: In severe cases, individuals may become trapped underwater after an accident, leading to drowning. 
• Burns: Hot engine components from machinery failure can result in burns.
• Hypothermia: Exposure to cold water for extended periods can lead to hypothermia or other cold-related injuries.
• Cardiac Arrest: Shock and stress from accidents can lead to cardiac arrest or other heart-related issues.
• Carbon Monoxide Poisoning: PWCs emit carbon monoxide, which can be especially dangerous in closed or poorly ventilated spaces.

In extreme cases, PWC accidents can result in fatalities. Victims may also experience emotional and psychological trauma from the event. 

Determining Liability in Jet Ski Accidents

Determining liability is a crucial step in the legal process in any personal watercraft accident. Depending on the circumstances of the accident, various parties may hold some responsibility for the incident. These parties may include:

• Operator: The person operating a PWC is responsible for following safety guidelines and regulations, maintaining control of the vehicle, and avoiding reckless behavior.
• Rental Company: The rental company is responsible for ensuring the PWC is in good working condition and providing proper safety instructions to renters. 
• Manufacturer: In some cases, faulty or defective parts may cause accidents, making the manufacturer liable.
• Other Vessel Operators: Collisions with other vessels can occur due to various factors, such as violation of navigation rules or inattentive operators.
• Mechanics: In some cases, improper maintenance or repairs may contribute to accidents, making the mechanic liable for damages.
• Third Parties: In some cases, third parties, such as swimmers or bystanders, may contribute to the accident.

Investigators will consider factors such as witness statements, available evidence, and any violations of safety regulations to determine liability. Depending on the outcome of the investigation, liability may apply to one or multiple parties involved in the accident.

Liability determination can be complex, and each case is unique. Victims of PWC accidents must consult with an experienced personal injury lawyer for guidance in these situations. A lawyer with expertise in jet ski laws can help determine liability and pursue compensation for damages. 

Navigating the Legal Process

Understanding the legal aspects of a jet ski accident is essential. In most cases, victims can pursue compensation for damages if they can prove that someone else’s negligence or recklessness caused the accident. This compensation may cover medical expenses, lost wages, property damage, and pain and suffering. 

The process of pursuing legal action after a jet ski accident typically involves the following steps:

• Seek Medical Attention: Your top priority should be seeking medical attention for injuries sustained in the accident.
• Report the Accident: Report the incident to local authorities and follow their instructions for filing an official report.
• Gather Evidence: Collecting evidence, such as witness statements, photographs and videos of the accident scene, police reports, and medical records, can help support your case.
• Consult With an Attorney: An experienced personal injury lawyer from a reputable boat accident law firm can help you navigate the legal process and protect your rights.
• Negotiate or Settle: In some cases, the involved parties can reach a settlement agreement without going to court. Your lawyer will negotiate on your behalf.
• File a Lawsuit: If a settlement cannot be reached, your lawyer can file a lawsuit and represent you in court to pursue compensation for damages.

Navigating the legal process after a jet ski accident can be daunting, but having an experienced attorney by your side can make a significant difference in the outcome of your case. They can help you navigate Texas boating laws, understand your rights, determine liability, deal with insurance companies, and fight for the compensation you deserve. 

Schedule a Consultation Today

Jet skiing can be thrilling and enjoyable, but it’s essential to understand the associated risks and liability in jet ski accidents. If you or a loved one has been involved in a jet ski accident, LGR Law Firm is here to help. Our experienced lawyers have a proven track record of successfully handling personal watercraft accident cases in Texas. 

Whether you’re pursuing a claim for personal injury or wrongful death, we will fight for your rights and help you get the compensation you deserve. Wrongful death cases can be very hard to navigate. Let our team of experienced lawyers assist you today.