Summertime in Minnesota and Wisconsin means outdoor activities, grilling, trips to the cabin, and of course, prime boating and fishing season on rivers, lakes, and even the occasional boating accident.
People will be out on the water enjoying the sun, sand, and fresh air. With all of the additional traffic that occurs during the summer months, there is a greater chance you may be involved in a boating accident.
Boating Accidents Happen
Accidents can occur on a wide variety of vessels, including:
- Pontoons
- Speedboats
- Yachts
- Sailboats
- Personal watercraft (jet skis)
- Hovercrafts
The most common kinds of accidents may include:
- Hitting another vessel
- Hitting another wake or wave
- Hitting an obstacle, like a submerged rock, tree, reef, or a dock
There are also accidents involving defective safety measures on the vessels themselves. These accidents sometimes lead to personal injury claims and/or product liability claims against individuals, insurance companies, and boat manufacturers.
When an accident occurs, it’s important to know what type of law applies to your situation. When an accident occurs on a body of water, it will be covered by state and local laws or under federal law. Federal law falls under Maritime Law and is a complicated legal area that needs to be thoroughly researched.
According to the United States Coast Guard, there were 767 boating fatalities in 2020, which was a 25.1% increase from 2019. From 2019 to 2020, the total number of accidents increased 26.3 percent (4,168 to 5,265), and the number of non-fatal injured victims increased 24.7 percent (2,559 to 3,191).
The top five contributing factors in boating accidents included
- Operator inattention
- Operator inexperience,
- Improper lookout
- Excessive speed
- Machinery failure
Who Is Liable for a Boating Accident?
As a person operating a boat or personal watercraft, you are usually responsible for any boating accidents or injuries sustained while operating the boat, especially when it is in motion. If an accident occurs in which a minor was operating a boat, the owner of the boat will most likely be at fault for the injuries.
In Wisconsin, a person who is younger than 10 years of age may not operate a motorboat. A person 10 or 11 years old may operate a motorboat, only if accompanied by a parent, a guardian, or a person who is at least 18 years old— who is designated by the parent or guardian—and the parent or guardian, or designated adult, holds a valid boating safety certificate or was born before January 1st, 1983.
A person younger than 12 years may not operate a personal watercraft. There are many other operating and age restrictions that can be found on the Wisconsin DNR website.
Boating Accident While Intoxicated
Additionally, one of the most avoidable contributing factors concerning boat accidents is alcohol. In Wisconsin and Minnesota, like DWIs and OWIs, those who operate a boat in the state are not allowed to have a blood alcohol content level (or BAC) of .08 or above. (Boating While Intoxicated – BWI) Penalties for BWI in Wisconsin and Minnesota can include fines, impounded boats, and jail time.
From a legal perspective, there are some differences between operating a motor vehicle and operating a boat when it comes to a BWI charge.
If you have been injured in a boating accident or have been charged with boating while intoxicated, it’s critical that you have an experienced attorney review your case as soon as possible. Contact one of our Personal Injury or Criminal Law Attorneys for a no-obligation consultation.
Doar Drill and Skow can help you get the justice you deserve. Please give us a call at 715-246-2211 or click here to schedule your consultation.