As a state blessed with an abundance of lakes and rivers, boating and watersports are a popular pastime in Utah. It is a great way to enjoy the natural beauty of the state, but it also comes with its fair share of dangers. Every year, unfortunate accidents involving boats and watersports result in injuries and fatalities. As a result, the State of Utah has put together laws and regulations aimed at ensuring the safety of all those involved in boating and watersports. This article will take a look at some of the fundamental Utah laws that relate to boating and watersports personal injury.
Table of Contents
Boating Education and Licensing Laws
In Utah, an operator who wishes to operate a boat or personal watercraft must first have a valid Boater Education Card. This requirement came into effect on January 1, 2018, and is aimed at reducing the number of accidents caused by inexperienced and untrained operators. To obtain a Boater Education Card, an individual must pass an approved Utah boater education course or an equivalent course from another state.
Furthermore, individuals under the age of 12 are strictly prohibited from operating a vessel with a motor of more than 10 horsepower. Those aged 12 to 17 must have a valid Boater Education Card and must be under the supervision of someone of at least 18 years of age who also has a valid Boater Education Card.
How Medical Treatment Costs are Handled
Boating accidents can result in severe injuries, requiring extensive hospitalization, procedures, and other expenses. In Utah, if you sustain injuries while operating a vessel or riding as a passenger, you are entitled to recover medical expenses up to the limits of your boat/ watercraft insurance policy. In the event that your insurance policy does not cover the full extent of your damages, the operator’s insurance may cover the remainder.
However, if the operator is uninsured or their insurance limits do not cover the cost of the damages incurred, the injured party has the right to sue the operator, and any other liable party, for the full extent of the damages incurred.
DUI Laws for Boating and Watersports
Driving under the influence (DUI) is an illegal act that can result in deadly accidents. In Utah, the law prohibits operating a motorized vessel while under the influence of drugs and/or alcohol. The legal limit for alcohol in Utah is 0.08% blood alcohol concentration (BAC). The penalties for a DUI while boating or watersports can include hefty fines, criminal charges, and even the loss of boating privileges.
Liability Law for Boating and Watersports
Utah adheres to a comparative negligence standard for any boating accident resulting in personal injury. Comparative negligence means that each party may share in the responsibility of an accident. Liability can be shared among the parties and can vary in its division depending on the degree of fault. If it is determined that the injured party is partially responsible for the accident, the amount of damages awarded to them will be reduced by the percentage of fault assigned to them.
Conclusion
While taking part in boating and watersports in Utah can be a fun adventure, it is essential to take measures to ensure your safety and the safety of others. Becoming a responsible and knowledgeable operator will not only benefit you but also the other individuals on the water you interact with. It is also important to follow all the laws and regulations set out by the state and to have the necessary insurance policies in case an accident occurs. By following these guidelines, boating and watersports enthusiasts can safely enjoy their hobby without worrying about personal injuries or legal issues.