Minnesota Boating Accident Lawyer

Gempeler, Butwinick & Donaldson Injury Lawyers

This year hundreds of people will die in a boat accident. In 2003, there were 10,984 vessels involved in 5,705 recreational boat accidents resulting in 703 fatalities and 3,888 injuries.* These accidents amounted to more than $40 million in property damage. It is estimated that only 5-10% of non-fatal boat accident instances are reported.

In 2003 there were just over 834,000 boats registered in Minnesota, all with free access to the area’s waterways for fishing and other recreational activities. This state is home to over 7,326 square miles of inland water and 1,560 public water access sites. With the ready availability of such natural resources, the number of boats has been steadily increasing.

Boat Accident Causes

Most boating accident injuries are preventable as a majority are caused by operator inexperience or inattention. Statistically, 80% of all boating fatalities occur on boats where the operator has not completed a boating safety education course. The primary causes of accidents include:

• Operator inattention
• Careless/reckless operation
• Operator inexperience
• Operating at an unsafe speed
• No proper lookout

Boating Accidents & Alcohol

Alcohol consumption accounts for nearly one-third of all recreational boating fatalities, a figure that is increasing. Alcohol use is the number one cause for boat accident deaths. Most boaters do not realize that the effects of alcohol are magnified while on the water. It is estimated that intoxicated boaters are more than 10 times as likely to be killed in a boat accident because of:

• Diminished coordination
• Susceptibility to hypothermia
• Dehydration
• Impaired judgment

It is illegal to operate a boat, or allow others to do so, while under the influence of alcohol, narcotics, or barbiturates. In Minnesota a person is considered legally intoxicated if blood alcohol concentration is 0.08 or greater; for youths under 21 the BAC cannot exceed 0.01. Penalties may include fines, prison time, community service, mandatory substance abuse counseling, and more.

Type of Boat Accident

In the U.S., vessel collisions are the most common type of accident and resulted in over one-fourth of the reported injuries and $13.4 million in property damage in 2003. Eight percent of all boating accidents result in fatalities. More than half of boat accident fatalities occur because of capsizing and falling overboard, with 70% of those victims drowning; of those drowning, 86% did not wear a life jacket. Types of recreational boat accidents include:

• Capsizing
• Falling overboard
• Collisions with another vessel or structure
• Fire
• Sinking, flooding
• Explosions
• Disappearance of vessel or passenger

Boat Accident Prevention

When operating a recreational vessel, steps can be taken to prevent a Minnesota boat accident injury or to minimize the damage if an accident occurs:

• Always wear life jackets and dress for possible immersion.
• Be aware that cold weather is more dangerous: there are fewer boaters and patrols to rescue those in distress, and the water is much colder.
• Do not drink alcohol while on the water.
• When in larger bodies of water, take advantage of available distress-alerting and position-indicating technologies.

What if a boat accident occurs?

The operator of a boat in this state is required to file an accident report with the proper authorities when any of the following conditions occur:

• A life is lost due to the accident
• Someone sustains an injury requiring medical treatment beyond first aid
• Property damage in excess of $500, or complete loss of the vessel
• A person disappears from the vessel under circumstances that indicate death or injury

If the operator is unable to file the report, the owner must file. In Minnesota, death, disappearance and injury reports should be filed immediately; damage reports must be filed within 10 days.

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