Short answer: A boating injury claim in Utah is a negligence claim, usually against the person driving the boat, and sometimes against the owner or a rental company too. Utah requires liability insurance on most motorboats, but the required minimums are lower than for cars, and where the crash happened can change which rules apply.
Utah’s lakes and reservoirs are crowded in summer. Wakeboarders, tubers, paddleboarders, anglers and personal watercraft all share the same water, often with inexperienced operators and sometimes with alcohol on board. When someone is hurt, the questions are the same as after a car crash: who was careless, and what insurance is there to pay for it.
The Operator’s Duties After an Accident
Utah’s State Boating Act puts specific duties on the operator of a vessel involved in an accident. If it can be done without seriously endangering their own boat or passengers, the operator must render practicable aid to those affected, and must give their name, address and the identification of their vessel in writing to anyone injured (Utah Code 73-18-13(2)). An operator who has reason to believe they were involved in an accident that injured someone must stop at or near the scene and stay until those duties are met (Utah Code 73-18-13.2).
In practice, boats separate quickly and nobody writes anything down. If you are able, get the boat’s registration number from the hull, a photo of the operator, and the names of everyone on board.
Boating Accident Reports
Boating accidents are reported to the state under rules adopted by the Division of Outdoor Recreation. Those reports are generally confidential, but the division must release a written report and its data to a person involved in the accident and to a person who suffered loss or injury in it (Utah Code 73-18-13(4)).
One detail surprises people: the statute says a boating accident report may not be used as evidence in a civil or criminal trial arising out of the accident, apart from a narrow exception for false reports (Utah Code 73-18-13(5)). The report is still useful for finding witnesses and understanding what happened, but a claim that goes to trial has to be proven with other evidence. That makes your own photos, witness names and medical records more important than they would be after a car crash.
Boating Under the Influence
Utah’s DUI law applies on the water. For the DUI statutes, “vehicle” includes a motorboat (Utah Code 41-6a-501), and the same limits apply as on the road, including a blood or breath alcohol concentration of .05 or more (Utah Code 41-6a-502). An operator who was drinking does not automatically lose a civil case, but impairment is strong evidence of carelessness, and a criminal charge often produces testing and reports that help show what happened.
Life Jackets and Safety Equipment
Every vessel must carry one Coast Guard-approved wearable life jacket for each person on board, in serviceable condition and of an appropriate size for the person it is meant for. Boats 16 feet or longer must also carry a throwable flotation device (Utah Code 73-18-8). The statute also lets the state require by rule that life jackets be worn by people under a certain age, on certain vessels or on certain waters, so check the current state boating rules for the wear requirements that applied that day. A person may not operate, or give permission to operate, a vessel that is not equipped as the law requires.
A missing or wrong-sized life jacket for a child is the kind of fact that can matter a great deal in a drowning or near-drowning case.
Who Can Be Responsible
- The operator. Most boating injury claims rest on how the boat was driven: speed, lookout, following distance behind a skier, or turning into another boat’s path.
- The owner. Utah makes the owner of a vessel liable for injury caused by the negligent operation of the vessel by a minor under 18 who was driving with the owner’s express or implied consent (Utah Code 73-18-18).
- A rental company. A boat livery may not let a rented vessel leave unless it is equipped as the law requires and the renter has been advised of the rules they must obey. It must also keep records of who rented the boat and when (Utah Code 73-18-10). A rental boat sent out without proper equipment, or with an operator who was never told the rules, may point to the company as well as the renter.
- A manufacturer. Occasionally the problem is the boat, engine or equipment itself.
Insurance on Boats
Utah requires the resident owner of a motorboat to maintain owner’s or operator’s security, usually a liability insurance policy, whenever the boat is operated on Utah waters (Utah Code 73-18c-301). For this purpose, “motorboat” includes every personal watercraft, but it does not include a boat with a manufacturer-listed horsepower of 50 or less (Utah Code 73-18c-102).
The required policy must cover the named insured and anyone using the boat with permission (Utah Code 31A-22-1502). The minimum limits are $25,000 for injury to one person and $50,000 per accident, plus $15,000 for property damage, or a $65,000 single limit (Utah Code 31A-22-1503). Those are lower than the minimums for cars. A serious propeller injury or a drowning claim can far exceed them, so it is worth finding out early whether the owner or operator has more coverage, such as a separate boat policy with higher limits or an umbrella policy.
There is no no-fault PIP system for boats like the one for cars, so medical bills in the meantime usually go through your health insurance, and your health plan may later seek reimbursement from a settlement. See our post on medical liens after an accident.
Lake Powell, Bear Lake and Utah Lake
Where the crash happened can matter. Lake Powell lies within Glen Canyon National Recreation Area, which is managed by the National Park Service, and the lake straddles the Utah–Arizona line. Bear Lake straddles the Utah–Idaho line. On those waters, which state’s law applies, whether federal rules or federal law come into play, and which agency investigated are questions to answer at the start, not the end. Utah Lake sits entirely within Utah, and incidents there are typically handled by Utah agencies.
Shared Fault and Deadlines
Utah compares fault. A tuber or skier found partly responsible has their recovery reduced by their share and recovers from a defendant only if the defendants’ combined fault is greater than their own (Utah Code 78B-5-818).
Most Utah injury claims must be filed within four years (Utah Code 78B-2-307(4)), and a wrongful death claim within two years (Utah Code 78B-2-304). If a government boat or employee was involved, a written notice of claim is due within one year (Utah Code 63G-7-402). A crash on waters shared with Arizona or Idaho may be subject to a different state’s deadlines, which is one more reason to get advice early. See the Utah personal injury statute of limitations.
What to Do After a Boating Injury
- Get medical care, and tell the provider exactly how the injury happened.
- Write down the registration numbers of every boat involved and photograph them.
- Get names and phone numbers of the operator, the owner and every passenger.
- Ask the responding ranger or officer which agency is handling the report.
- Keep the rental agreement, receipts and any life jackets or equipment involved.
- Do not give a recorded statement to the boat owner’s insurer before you understand the coverage.
The overall sequence of a claim, from the first insurance call through settlement, is laid out in the steps in a Utah personal injury case.
Talk to a Utah Injury Attorney
Boating cases often involve an operator, an owner and a rental company, each with a different insurer. We can help sort out who is responsible and what coverage exists.
Hurt in Utah? Call (801) 921-5134 or send us your case for a free consultation. No attorney fees unless we win. Hablamos Español.