What Should You Do If the Boating Operator Was Under the Influence?

A fun afternoon on the lake can turn into a chaotic scene in seconds when a collision occurs. The shock of the impact often leaves victims confused about what happened and unsure of their next steps. Unfortunately, alcohol or drug use is a frequent contributor to these dangerous incidents on Missouri waterways. If you suspect the other operator was impaired, knowing how to respond is critical for your safety and potential legal claim. Brydon, Swearengen & England P.C. offers the clarity you need in these difficult situations to help you pursue justice.

If you find yourself in a boating accident caused by an intoxicated operator, your next steps are crucial. This article outlines the essential actions to take to protect your safety and your legal rights, including:

• Reporting the Accident: Understand your legal obligation to report the incident and why it’s a critical first step.
• Gathering Evidence: Learn what information and evidence you need to collect at the scene to support your claim.
• Seeking Legal Counsel: Discover why hiring an experienced boat accident attorney is one of the most important steps you can take to secure the compensation you deserve.

Is Using a Boat While Under the Influence Illegal in Missouri?

Yes, operating a vessel while intoxicated is a serious offense in Missouri. The law treats Boating While Intoxicated (BWI) very similarly to driving a car under the influence. It is illegal to operate a vessel with a blood alcohol content (BAC) of 0.08% or higher.

If the operator who hit you was over this legal limit, they broke the law and put everyone on the water at risk. This violation serves as strong evidence of negligence in a personal injury case. While criminal charges punish the wrongdoer, a civil claim is your avenue to secure compensation.

When Do I Need to Report a Boating Accident?

After ensuring everyone is safe and receiving medical attention, you must determine if the accident requires an official report. Missouri law mandates that you file a report with the Missouri State Water Patrol under specific circumstances.

You are required to report the incident if:

• A person dies or disappears
• An injury requires medical treatment beyond first aid
• Property damage exceeds $500

If a death or serious injury occurs, you must report it within 48 hours. For other incidents meeting the criteria, you have 5 days to file. Filing this report creates an official record of the event, which is vital when you need to prove the other operator was at fault due to intoxication.

What Evidence Should I Collect at the Scene?

Proving that the other boat operator was under the influence requires solid evidence. While law enforcement will conduct their own investigation, collecting your own proof at the scene can significantly strengthen your injury claim.

Try to gather the following items if you are physically able:

• Photos and videos: Capture images of the damage to both vessels, any empty alcohol containers visible on the other boat and the overall scene.
• Witness information: Collect the names and contact information of passengers on your boat, the other boat or nearby vessels who might have seen the operator drinking or driving erratically.
• Police report number: Ask the responding officers for the report number so your attorney can access it later.

Documentation is key. The more information you preserve immediately after the crash, the harder it will be for the insurance company to dispute your version of events.

Do I Need a Lawyer If the Operator Was Drunk?

You might think that if the other operator was clearly drunk, your case will be straightforward. However, insurance companies often fight hard to minimize payouts even when liability seems obvious. They may argue that your injuries were pre-existing or that you shared fault for the collision.

Legal representation is essential to build a robust claim for compensation. An experienced attorney can:

• Investigate the accident history of the operator
• Analyze medical records to fully value your injuries
• Interview witnesses to corroborate your story
• Manage communication with insurance adjusters

Hiring a dedicated legal team lets you focus on recovery while we work to hold the negligent party accountable.

Discuss Your Case With Our Boat Accident Attorneys

Boating accidents involving alcohol are dangerous and preventable. If a negligent operator caused you harm, you deserve full compensation for your losses. The team at Brydon, Swearengen & England P.C. has the experience and resources to handle the legal process for you. Contact us today for a consultation and learn more about your rights.