Utah Boating and Jet Ski Accident Claims: Operator Duties, Lake Powell, and Deadlines
General information, not legal advice. Read the full disclaimer.
Short answer: Under Utah Code § 73-18-13, the operator of a vessel involved in an accident must, if it can be done without seriously endangering their own vessel, crew or passengers, render aid to those affected as practicable, and must give their name, address and vessel identification in writing to any injured person or property owner. A violation is a class B misdemeanor. Operating a nonmotorized vessel, or manipulating water skis or a towed device, in willful or wanton disregard for safety is also a class B misdemeanor (§ 73-18-12). Civil claims for injuries generally follow negligence principles, with four years for many claims (§ 78B-2-307(4)), but the right court, the right defendants and the right law depend on where the accident happened — Utah State Parks waters, private marinas, or federal waters such as Lake Powell.
Who this guide is for
Utahns and visitors hurt (or who lost a loved one) in a boating, jet ski, tubing or waterskiing accident on Utah Lake, Bear Lake, Flaming Gorge, Lake Powell, Deer Creek or other waters.
What the boating statute requires after an accident
- Render aid to those affected, as practicable, if it can be done without seriously endangering your own vessel, crew or passengers.
- Identify yourself: give your name, address and vessel identification in writing to any injured person or the owner of damaged property.
- Report: the Division of Outdoor Recreation adopts rules on accident notification and reporting consistent with federal requirements.
- Records: accident reports are protected records for official use, but the division must disclose a written report and its accompanying data to people involved, those who suffered loss or injury, their agents, and certain others, similar to car crash reports (§ 73-18-13(4)). See How to Request a Utah Accident Report.
- Misdemeanors: failing to render aid or identify yourself is a class B misdemeanor.
Reckless operation
Section 73-18-12 makes it a class B misdemeanor to operate a nonmotorized vessel, or manipulate water skis or a device towed by a motorboat, in willful or wanton disregard for the safety of persons or property. Other sections of the boating chapter cover motorboat operation and impairment; ask an attorney which apply.
Civil claims
- Negligence. An operator who ignores right-of-way, speed, lookout or passenger-capacity safeguards, or who is impaired, can be sued. Owners who lend a boat to an unfit operator may face negligent entrustment claims.
- Rental companies. Rental operators may be liable for poor maintenance or inadequate instruction; read any waiver you signed, but don't assume it ends your claim.
- Product defects. Engines, fuel systems, steering and safety equipment can be defective. See Utah's Product Liability Act Explained.
- Passengers and tubers. A passenger injured by the operator's negligence has a claim against the operator and possibly the owner. Utah's comparative fault rules apply. See Utah's Comparative Fault Rule.
- Drownings. A death caused by another's wrongful act can support a wrongful death claim with a two-year deadline. See Utah Wrongful Death Claims.
Insurance
Boats typically require their own policy; auto PIP does not cover a boating accident, and homeowner's policies often exclude or limit watercraft. We found no Utah statute in the sections reviewed requiring a boat liability policy, so check the operator's and owner's coverage early. Ask about the operator's marine policy, the owner's umbrella policy and any rental company coverage.
Where it happened matters
- Utah State Parks waters (many reservoirs and lakes): state law and state parks rules apply; claims against the state or a political subdivision follow the Governmental Immunity Act with a one-year notice of claim. See Utah Governmental Immunity Act Claims.
- Lake Powell and other National Park Service waters: federal agency claims follow the Federal Tort Claims Act. See Injured by a Federal Employee in Utah?.
- Navigable waters: federal maritime law may apply to some boating claims, including different time limits; confirm with a lawyer who handles maritime injuries.
- Private marinas and lakes: premises and negligence rules, and the recreational use statute may matter. See Utah's Limited Liability for Recreational Land.
After a boating accident
- Get everyone to safety and call 911 or the park ranger.
- Render aid and exchange identification.
- Photograph vessels, injuries, the water and weather; note the location and vessel numbers.
- Get witness information and the rental agreement or waiver.
- Preserve the boat, engine and safety gear if possible.
- Get medical care and keep records.
Frequently asked questions
Do I have to stop after a boating accident in Utah?
The operator must render aid as practicable and give identification in writing; a violation is a class B misdemeanor.
What is the deadline to sue?
Many negligence claims have four years, but wrongful death is two years, government claims need a one-year notice, and maritime or federal rules may differ.
Does my car insurance cover a boating injury?
Auto PIP generally doesn't; check boat, homeowner's and umbrella policies.
Can I sue a rental company?
Possibly, depending on negligence, maintenance and the waiver.