Boating is a fun activity that enables people to enjoy being on the water, fishing, and water skiing. But some of those with boats load up on alcohol or drugs while they’re loading up their boats with fishing gear or water skis. The results can be catastrophic. If you or a loved one is injured or killed by a boat operator who’s intoxicated, you may be entitled to compensation.
Boating Accidents Cause Hundreds of Deaths and Thousands of Injuries Annually
The US Coast Guard states it has reports of 3,844 boating accidents throughout the US in 2023 that resulted in the deaths of 561 people and injuries to 2,126. They state, “Alcohol use is the leading known contributing factor in fatal boating accidents; where the primary cause was known, it was listed as the leading factor in 17% of deaths.”
That comes to 361 fatalities. Alcohol use is listed as a factor in about 10% of all boating accidents. Operator inattention is the most common factor, playing a role in more than a quarter of boating accidents.
Last year, Kentucky reported 45 boating accidents that left eight people dead and 22 injured. Florida led the country with 619 accidents that caused 56 deaths and resulted in 368 people being injured.
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Our contingent fee is only 30% on cases settled prior to filing suit.
State Law Makes Negligence and Boating While Intoxicated Illegal
The facts of a boating accident and Kentucky laws form the basis for an insurance claim or lawsuit against a drunken boat operator who causes an accident, injuries, or deaths. Under Kentucky statute:
- A person “shall not” operate a motorboat or vessel or use water skis, a surfboard, or a similar device recklessly or negligently that endangers the life or property of any person
- A person “shall not” operate a motorboat or vessel or use water skis, a surfboard, or a similar device “while intoxicated or under the influence of any other substance which impairs one’s driving ability”
A boat operator who’s intoxicated with a blood alcohol content (BAC) level of 0.08% or higher or under the influence of a substance impairing their driving ability may be fined and possibly spend time in jail if convicted.
The Kentucky Department of Fish & Wildlife Resources states a watercraft operator, intoxicated or not, is responsible for damage caused by their negligent operation. The following are considered reckless operations and against state law:
- Weaving through boat traffic
- Towing someone on water skis, a surfboard, or any device too closely to a boat
- Jumping another craft’s wake in a way that endangers someone’s life, physical safety, or property
- Cutting between a boat and someone towed by it
- Crossing another boat’s path when the view is obstructed
- Steering toward an object or person in the water, then turning sharply close by
- Operating a motorboat or personal watercraft within 50 feet of a commercial vessel and its tow unless its operator consents
If your case goes to trial, the burden would be on you to prove that it’s more likely than not the intoxicated boat operator caused the accident and injuries. If the person is arrested and convicted of boating while intoxicated, that would be considered negligence per se, and your case would be easier and simpler to prove.
Why It’s Important to Contact Us Right After Your Boating Accident and Injury
Before you can obtain compensation, we must investigate the accident to develop the facts (if any) supporting your case. An accident on a roadway is easier to investigate because there may be skid marks or damage to another vehicle, a telephone pole, or another object. Boating accident investigations rely on government agency reports, witness statements, damage to the boat or boats involved, the injuries suffered, and any photos or videos taken before, during, or after the accident.
If you’re involved in such an accident, take photos and videos of the aftermath. Memories may not be clear after such a traumatic event, and witness statements may conflict. The earlier we start our investigation, the less time will pass after the accident, witness should be easier to find, and their memories of the accident may be sharper. If the operator is arrested, we will keep track of the criminal proceedings and potentially use evidence developed by the prosecution.
Are You or a Loved One Injured in a Boating Accident Caused by an Intoxicated Operator?
If so, we can help. Call the Fleck Firm at (270) 446-7000 or complete our online contact form to schedule a free consultation. We’ll discuss the accident, your injuries, how Kentucky law may apply, and your best options. Insurance companies have lawyers. You should have one, too.
