Multi-Million Dollar Lawsuit Filed After Fatal Boating Accident at Galveston North Jetty

On July 5, 2024, a tragic boating accident occurred at the Galveston North Jetty, resulting in two fatalities and three severe injuries. The incident has sparked a multi-million dollar lawsuit, raising critical questions about boating safety, navigation, and responsibility on Texas waterways. According to the U.S. Coast Guard, a boat with five people on board struck the North Jetty around 9:30 p.m. For unknown reasons, resulting in all five occupants being ejected from the boat. This incident underscores the potential dangers of nighttime boating and the importance of adhering to safety regulations.

The Incident

The accident took place when a group was returning from a day of fishing. As they approached the Galveston North Jetty, their boat collided with the structure, ejecting all five passengers. Emergency responders transported three people to the University of Texas Medical Branch Hospital with severe injuries. Unfortunately, two individuals were missing after the crash. A search team later recovered one body in the area of the crash site.

Legal Repercussions

Following the incident, a multi-million dollar lawsuit was filed on behalf of Dylan Vicne Code, one of the injured passengers. The lawsuit names the operator of the vessel and the manufacturer, Robalo Boats, LLC, as defendants. The claim alleges negligence and seeks compensation for the injuries and losses sustained due to the accident. According to attorney Mo Aziz, “The vessel was equipped with advanced collision avoidance systems, the performance of which will be part of the investigation.”

Factors Contributing to the Accident

Several factors may have contributed to this tragic event:

Reduced Visibility: Nighttime boating inherently poses risks due to limited visibility. Jetties can be difficult to spot in the dark, blending into the surrounding environment.
Navigational Errors: Boating at night requires precise navigation skills and reliance on instruments like GPS and charts. Errors in judgment or inexperience can lead to accidents.
Speed and Awareness: Maintaining a safe speed and being vigilant are crucial, especially when approaching potential hazards.
Equipment Malfunction: The lawsuit mentions the boat’s collision avoidance systems, suggesting a possible malfunction that needs investigation.
Environmental Conditions: Adverse weather, such as fog or rough seas, can further reduce visibility and make navigation more challenging.

Boating Safety Regulations in Galveston Bay

Navigating Galveston Bay safely requires preparation, knowledge, and adherence to boating regulations. Here are some key safety measures:

Life Jackets: Texas law requires one U.S. Coast Guard-approved life jacket for each person on board. Children under 13 must wear life jackets at all times while the vessel is underway.
Navigation Lights: Boats must have functional navigation lights when operating between sunset and sunrise.
Boating Safety Course: Completing a boating safety course provides essential knowledge of boating principles and Galveston-specific information.
Engine Cut-Off Switch: Texas law requires the use of an engine cut-off switch, which stops the engine if the operator is thrown from the helm.
VHF Radio: Monitoring VHF channels 16 and 13 can provide crucial information about weather updates and potential hazards.
Awareness of surroundings: Maintaining a proper lookout by sight and hearing, as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

Advice

Slow Down: Reduce speed at night to avoid overrunning the limits of your vision.
Use Navigation Tools: Rely on GPS, radar, and charts to maintain course and avoid obstacles.
Stay Alert: Avoid distractions and remain vigilant for other vessels, land, and fixed objects.
Check Weather Conditions: Be aware of potential thunderstorms, fog, and rough seas, which can significantly reduce visibility.
Maintain Equipment: Ensure that all safety equipment, including navigation lights and collision avoidance systems, are in good working order.

Legal Implications of Boating Accidents

Boating accidents can result in severe injuries, fatalities, and significant legal consequences. Determining liability in these cases often involves investigating factors such as negligence, equipment malfunction, and violation of boating safety regulations.

Negligence: Boat operators have a duty to exercise reasonable care to avoid causing harm to others. Negligence may include speeding, operating under the influence, or failing to maintain a proper lookout.

Product Liability: If a defect in the boat or its equipment contributed to the accident, the manufacturer may be held liable under product liability laws.

Wrongful Death: In cases where a boating accident results in a fatality, the victim’s family may pursue a wrongful death claim to recover damages for their losses.

Seeking Legal Assistance

If you or a loved one has been involved in a boating accident, it is crucial to seek legal assistance from an experienced personal injury attorney. A skilled attorney can help you understand your rights, investigate the accident, and pursue compensation for your injuries and losses.

Conclusion

The multi-million dollar lawsuit filed after the fatal boating accident at Galveston North Jetty highlights the importance of boating safety and the potential legal ramifications of negligence on the water. By adhering to safety regulations, exercising caution, and seeking legal guidance when necessary, boaters can help prevent accidents and protect themselves and others from harm.