Immediate Steps After a Boating Accident
Boating accidents can be traumatic and chaotic. Your actions in the minutes and hours following the crash can affect your health, your safety, and your legal rights. In Kansas and Missouri, here’s what to do:
- Check for Injuries and Ensure Safety
- Account for all passengers and crew.
- If someone is injured or missing, render aid and contact emergency services immediately.
- Put on life jackets if not already worn.
- If the vessel is taking on water or at risk of sinking, get everyone to safety.
“In many cases, the danger doesn’t end with the impact. Hypothermia, propeller injuries, and drowning risks all escalate if people aren’t quickly accounted for.”
— Chip Lee, Attorney, Monsees & Mayer (Springfield & Branson Offices)
When Are You Required to Report a Boating Accident?
Missouri Requirements
According to the Missouri State Water Patrol, a boating accident must be reported if:
- Someone is killed or disappears
- Someone is injured and needs medical treatment beyond first aid
- Property damage exceeds $500
Reports must be filed within five days—or within 48 hours if a death or serious injury occurs.
Source: Missouri Revised Statutes § 306.140
Kansas Requirements
Kansas law requires reporting when:
- There’s a death, disappearance, or injury requiring medical attention
- Property damage exceeds $2,000
A written report is due within 48 hours in cases of death, disappearance, or serious injury; otherwise, within five days.
Source: Kansas Administrative Regulations § 115-30-10
Federal Requirements
You must also file with the U.S. Coast Guard if the incident:
- Occurs on navigable waters
- Involves death, injury, disappearance, or significant damage
- Involves a documented vessel
Form: CG-3865 Boating Accident Report Form
What Causes Most Boating Accidents?
According to the U.S. Coast Guard’s 2023 statistics:
- Operator inattention is the top cause
- Alcohol use is the leading factor in fatal boating accidents
- Excessive speed, improper lookout, and equipment failure are also frequent
Source: USCG Boating Safety Division
What Are Your Legal Rights as a Victim?
If you were injured in a boating accident, you may be entitled to compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Wrongful death (if a loved one died)
A civil claim can move forward even if no one is cited or charged criminally.
“Boating law is a unique beast. It blends maritime law with state tort law and often involves multiple jurisdictions. That’s where we come in.”
— Bobby Thrasher, Shareholder, Monsees & Mayer (Kansas City & North Kansas City)
Unique Legal Challenges in Boating Accidents
1. Determining Fault
Boating accidents often lack bystander witnesses or video evidence. Liability may fall on:
- The boat operator
- A rental company
- Marina/dock owner
- Equipment manufacturer
We work with accident reconstructionist and gather GPS, weather data, and witness statements to establish fault.
2. Insurance Complications
Boating insurance varies significantly. Coverage gaps may exist for:
- Alcohol-related incidents
- Boat rentals
- Unlicensed or inexperienced operators
We help navigate complex policy language to uncover every available source of compensation.
What If the Boat Operator Was Intoxicated?
Boating While Intoxicated (BWI) is illegal in both states.
- Missouri: Illegal to operate a vessel with a BAC of 0.08% or higher
- Kansas: Treats BWI similarly to DUI, with escalating penalties
If alcohol played a role, victims may be eligible for punitive damages on top of other compensation.
What If the Accident Happened on a Rented Boat?
Rental accidents raise questions of both operator negligence and rental company responsibility. In both Missouri and Kansas:
- Rental companies may be liable if they failed to inspect or maintain the boat, or failed to provide instructions
- Operators are still responsible for safe handling
Our attorneys investigate the chain of responsibility thoroughly.
How Monsees & Mayer Helps Victims of Boating Accidents
At Monsees & Mayer, we apply the same thorough, plaintiff-focused strategy to boating accidents that we use in catastrophic vehicle cases.
Our approach includes:
- Immediate evidence preservation
- Working with maritime-savvy reconstruction experts
- Partnering with economic and medical specialists to calculate full damages
- Aggressive litigation and negotiation strategies tailored to boating law
“These aren’t just leisure accidents. They often involve serious head injuries, drowning, or long-term PTSD. We advocate with urgency and experience.”
— Chip Lee, Monsees & Mayer
Common Injuries in Boating Accidents
We often see:
- Traumatic brain injuries
- Spinal cord injuries
- Lacerations and amputations (from propellers)
- Hypothermia
- Drowning or near-drowning
- Broken bones from impact or ejection
- Crush injuries from capsizing or collisions
Statutes of Limitations in Kansas and Missouri
- Missouri: 5 years from the date of injury (RSMo § 516.120)
- Kansas: 2 years from the date of injury (K.S.A. 60-513)
Acting promptly ensures key evidence isn’t lost—and protects your right to file.
Bottom Line
If you or a loved one has been injured in a boating accident in Kansas or Missouri, the legal process can be murky. But your path to recovery doesn’t have to be. At Monsees & Mayer, we cut through red tape, protect your rights, and help you secure the compensation you deserve.
