What You Should Know About Boat Accident & Jet Ski Accident Personal Injury Claims at the Lake of the Ozarks

Duckworth Injury Law is The Lake of the Ozarks, MO’s Boating & Personal Watercraft Injury Attorney

As we previously discussed in our article “I Was Injured in a Boating Accident at the Lake of the Ozarks – Do I File a Personal Injury Claim at the Lake or Back at Home?” – the Lake of the Ozarks often ranks as one of the most dangerous lakes in the United States. In the U.S. Coast Guard’s most recent data, they recorded 61 boating accidents, which resulted in 56 injured persons and one death at the Lake of the Ozarks in 2023. In 2022, the Lake of the Ozarks recorded crashes involving 39 injured persons and four deaths. 

A Day of Fun at the Lake of the Ozarks Can Easily Result in Serious Injuries or Death, but You Can Take Action With Duckworth Injury Law

Common boating & PWC injury causing accidents at the Lake of the Ozarks

Recently (in summer 2024), the Lake of the Ozarks had boating accidents ranging from a powerboat that crashed into the shoreline, to a boat fire, to a boating hit-and-run out on the Lake. While these are just a few examples of recent boat accidents at the Lake of the Ozarks, common boating and personal watercraft (“PWC”, e.g. Jet Kkis, Sea-Doo, WaveRunner) injury-causing accidents include the following scenarios: 

• Boats & PWCs hitting large waves, causing occupants to strike the interior of the vessel or be thrown from the vessel into the water
• Boats & PWCs striking a fixed object in the Lake, such as a buoy, rock formation, or tree stump
• Boats & PWCs running into shore
• Boats & PWCs colliding with another vessel on the water
• Swimmers being struck by a boat, a boat propeller, or PWC
• Occupants of boats & PWC’s injured while docking
• Boat fires & explosions, often due to explosive fuel vapor build-up in the engine compartment
• Inadvertent acceleration of a boat or PWC, often due to an occupant inadvertently contacting the vessel’s throttle control
• Operating a boat or PWC while under the influence of drugs or alcohol

Missouri has specific laws regarding the operation of a boat or PWC at the Lake of the Ozarks

Oftentimes, these boating and PWC accidents at the Lake of the Ozarks are the result of inexperienced drivers, drug or alcohol impairment, or a failure to adhere to Missouri’s boating laws. While the full list of Missouri’s boating laws and regulations is beyond the scope of this article, below is a highlight of some of the more notable boating laws – and those laws that often come into play with boating accidents involving serious injury or death. 

To legally operate a boat or PWC on any lake in Missouri, including the Lake of the Ozarks, an operator born after January 1, 1984, must either have a Missouri boating safety identification card OR a Missouri Driver’s license with a boating safety endorsement (to receive this endorsement, you must present a boating safety identification card). It’s important to note, this requirement applies to both Missouri residents and to non-residents alike. To obtain a boating safety card, a person must successfully complete Missouri’s boating safety course approved by the Missouri State Highway Patrol. All boat and PWC operators must be at least 14 years old, unless the operator is under the direct, on-board supervision of an individual who is 16 years old or older. 

All vessels must have a USCG-approved life jacket/personal flotation device on board and available for every occupant. Occupants under 7 years old must wear that life jacket at all times while on board a boat, while all occupants of PWCs must wear a life jacket (regardless of age). Boats and PWCs are also required to have certain navigation lights depending on the size/type of the vessel. When a boat has a swimmer, skier down, or otherwise has someone in the water, a red or bright orange flag must be displayed (the flag does not need to be displayed while a skier or tuber is being towed). 

With regard to the operation of a boat or PWC, drivers must operate the vessel “in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life of limb or any person and shall exercise the highest degree of care.” See RSMo. § 306.125. During nighttime hours (half-hour after sunset until an hour before sunrise), boats and PWCs cannot exceed thirty miles per hour. There is generally no posted speed limit for daylight hours. However, boats and PWCs should not exceed “idle speed” or “no wake” speeds when indicated by markers/buoys or when within 100 feet of a dock. Finally, it is illegal to operate a boat or PWC under the influence of drugs or alcohol (Missouri’s BAC limit for boaters is 0.08%). 

Understand personal injury liability for boat & PWC accidents at the Lake of the Ozarks 

If you or a loved one is injured or killed in a boating or PWC accident at the Lake of the Ozarks, you may have a personal injury claim or wrongful death claim in which you are entitled for compensation for your damages. However, establishing liability and proving the full extent of your damages is often a battle. The first step in establishing liability in a boating or PWC accident is assessing the facts to determine who the potential defendants are – in other words, determining who is responsible for causing your injuries and by what legal theory(s). The following are common defendants in boating and PWC claims:

1. The boat or PWC driver – Often, the most obvious defendant in a boating or PWC accident claim is the driver/operator of the vessel. The driver is responsible for safe operation of the vessel and for complying with Missouri’s boating laws. If the boat or PWC driver fails to operate the vessel at “the highest degree of care”, resulting in injury to you, the driver can be held liable under Missouri’s negligence law. Common examples of a negligence claim against a driver include a boat driver backing into a swimmer, a PWC driver hitting another boat and injuring a passenger, or a boat driver striking a fixed object and injuring occupants in the boat. 
2. The boat or PWC owner – After assessing the liability of the boat driver, the liability of the boat owner should also be considered. If the boat owner knows the driver of the boat or PWC is inexperienced, unlicensed, has a history of boating accidents, or is under the influence of drugs/alcohol – but allows the driver to use his boat or PWC anyway – the boat owner may also be liable under Missouri’s negligent entrustment law. A boat owner may further be held liable under a general negligence theory if the accident is caused due to the owner’s poor maintenance of the boat or PWC. 
3. The parent or guardian of a minor boat or PWC operator – As set forth above, Missouri law requires boat and PWC operators to be at least 14 years old, or under the supervision of a person 16 years or older. Missouri also requires operators to have a boating safety identification card. If the parent of a minor child allows their child to use a boat or PWC in violation of Missouri law, they may be liable for any harm caused to others by the actions of their minor child under theories of negligent supervision and/or negligent entrustment. 
4. The manufacturer or seller of a boat or PWC – Depending on the specific facts of your boat or PWC accident, there may be a viable product liability claim in which recovery can be made against the boat or PWC manufacturer or seller. Typically, these claims involve a defective part or safety feature on the vessel causing injury to an occupant of the vessel. Other times, these claims involve a failure to warn the boat or PWC occupant of a danger associated with use of the vessel. In Missouri, these claims are typically pursued under either product liability, strict liability, or product liability negligence. The specific legal theory pursued will depend on the facts pertinent to your accident. 

How to recover damages after a Lake of the Ozarks boat or PWC accident

Understanding who a personal injury claim or wrongful death claim can be brought against following a serious boating or PWC accident is just step one – determining whether or not that defendant(s) is solvent and/or has insurance coverage to pay your damages is often the next major hurdle. In other words, while it may be clear that a boat operator is responsible for causing the accident and your resulting injuries, if the boat operator has no insurance or lacks the means to pay your damages, it may not be worth your time and effort to pursue a civil claim against them. As the adage goes, “you can’t get blood out of a turnip!” As such, the following insurance policies of a liable party should be reviewed to determine whether they provide liability coverage for the defendant to pay your damages:

• Any policy specific to the boat or PWC
• Homeowner’s policies of the defendant
• Marine policies and/or endorsements of the defendant 
• Umbrella or excess coverage policies of the defendant

Should I hire a boat accident attorney FOr My Lake of the Ozarks, MO Injury Claim? 

Boat and PWC accidents are complex claims involving unique issues of liability, insurance law, and often severe damages. As such, these boat accident personal injury claims should be handled by an attorney who is familiar with these issues. After a serious boat accident or PWC crash, you will often be in a far greater position relying on the advice and experience of a boat lawyer than attempting to handle the claim yourself. As such, after a boat crash and after receiving necessary medical treatment, contacting a Missouri boating lawyer should be your top priority. 

A boat accident lawyer will want to immediately begin preserving the evidence relating to your boating accident, including inspecting the boat or PWC at issue, obtaining witness statements, locating any potential video surveillance of the crash, investigating the cause of the crash or accident, and requesting all law enforcement reports relating to the crash. 

As you continue with your medical treatment, your attorney will work to establish liability against the potential defendant(s), will investigate available insurance coverage to pay your damages, and will litigate the case if necessary. Often, your boating accident attorney will consult with experts in the field of boating operation and accident reconstruction to establish liability and will consult with medical experts to prove your past/future medical injuries and damages. 

Call EC Duckworth of Duckworth Injury Law to fight FOR YOU FOLLOWING A boat accident or PWC accident at the Lake of the Ozarks 

If you’ve been involved in an injury causing boat accident or PWC accident at the Lake of the Ozarks, or anywhere else in Missouri, you need a boat accident attorney who is familiar with Missouri’s boating laws, potential defendants in a boating accident, and avenues for full recovery in a boating accident claim. 

Duckworth Injury Law is located just an hour north of the Lake of the Ozarks. Attorney EC Duckworth has practiced law across the Lake of the Ozarks, including handling personal injury claims in Morgan County (Laurie and Versailles), Camden County (Osage Beach and Camdenton), Benton County (Cole Camp and Warsaw), and Miller County (Eldon and Tuscumbia). EC Duckworth is an avid boater himself, enjoying the Lake of the Ozarks from his family’s home on the Gravois Arm of the Lake of the Ozarks. 

Duckworth Injury Law is proud to represent and stand up for victims and their families involved in serious injury and wrongful death causing boating accidents across the Lake of the Ozarks. If you’d like to learn more about how Duckworth Injury Law can recover maximum compensation for you and your family following a boat or PWC accident, reach out to Duckworth Injury Law today for a free case evaluation and consultation.