Kalispell, MontanaKalispell Boating Accident
Kalispell Boating Accident Lawyers: Flathead Lake, Whitefish Lake and Jet Ski Accidents in the Flathead Valley
Boland Aarab PLLP.
If you were hurt in a boat or jet ski accident on Flathead Lake, Whitefish Lake or the Flathead River, you can usually recover from the operator who caused it. Montana law also makes the boat’s owner liable for negligent operation by anyone the owner allowed to use it. Most claims must be filed within three years, but on the water the evidence disappears quickly.
Hurt on the water in the Flathead Valley, or lost someone in a boating accident? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What makes Flathead Valley waters dangerous?
Flathead Lake is big water. It is the largest natural freshwater lake by surface area in the western United States outside Alaska, roughly 27 miles long and deep enough to stay cold all summer. Afternoon wind can build waves quickly across the open middle of the lake. Small boats, paddleboards and kayaks that set out in calm morning water can be caught far from shore. Cold water shock is a real risk even in July.
Crowded shorelines in summer. Boat launches and swimming areas at the Flathead Lake State Park units fill on summer weekends. The units are Wayfarers near Bigfork, Yellow Bay and Finley Point on the east shore, West Shore and Big Arm on the west shore, and Wild Horse Island. Add private docks around Somers, Lakeside and Bigfork, and there are swimmers, tubers, wakeboarders and personal watercraft all in the same water. Most serious collisions come from speed near shore, a missed lookout, or alcohol.
Other waters. Whitefish Lake sits beside the city of Whitefish and sees heavy summer traffic. The Flathead River runs from Columbia Falls down through the valley to the lake, with swift current in spring runoff. Hungry Horse Reservoir, on the South Fork, is a federal reservoir in remote country.
Rentals and visitors. Many boaters on Flathead Lake in summer are visitors on rented boats and jet skis. First-time operators, unfamiliar water and a rental company’s shortcuts add to the risk.
What happens after a boating accident near Kalispell?
Report it. Montana requires an operator in a collision to render aid and exchange information. An accident involving death, disappearance, injury or more than $2,000 in damage must be reported immediately to the county sheriff or a game warden (§ 23-2-527, MCA). On the north half of Flathead Lake, and on Whitefish Lake and the Flathead River in Flathead County, that means the Flathead County Sheriff’s Office or a Montana Fish, Wildlife & Parks game warden. FWP’s Region 1 headquarters is at 490 North Meridian Road in Kalispell.
Which side of the lake? This is one of the first questions in a Flathead Lake case. The county line crosses the lake, and the southern half of Flathead Lake lies within the Flathead Indian Reservation, home of the Confederated Salish and Kootenai Tribes. The Tribes regulate recreation on reservation waters. An accident near Polson, Big Arm or Finley Point may involve Lake County authorities, tribal authorities or both. It may belong in the Twentieth Judicial District or, depending on the parties, in tribal court. Our attorneys are not admitted in tribal courts, but we can seek admission when a case requires it.
Medical care. Near-drownings, propeller injuries and head and spine injuries are treated at Logan Health Medical Center in Kalispell. Depending on where on the lake the accident happens, patients may first go to Providence St. Joseph in Polson or to Logan Health – Whitefish.
Court. A case arising in Flathead County is filed in the Eleventh Judicial District Court at the Flathead County Justice Center, 920 South Main Street, Kalispell. If the operator or owner is from out of state, as many summer boaters are, the case may be removed to the U.S. District Court’s Missoula Division. An accident involving a federal facility or employee, for example at Hungry Horse Reservoir, requires a written federal claim within two years (28 U.S.C. § 2401(b)).
Preserve the evidence. Boats get repaired and sold over the winter. We send preservation letters for the boat, the engine data, rental records and any phone or GoPro video, and we identify every insurance policy.
Montana law that applies
In brief; see our Montana boating accident lawyer page for more.
- Boating under the influence is prohibited for motorboats, sailboats with a motor and personal watercraft (§ 23-2-523(2), MCA).
- The owner is liable for negligent operation by someone using the boat with consent. Consent is presumed for immediate family (§ 23-2-505, MCA).
- Personal watercraft rules. Everyone aboard must wear a life jacket, and no-wake speed is required within 200 feet of docks, swimmers and nonmotorized boats (§ 23-2-531, MCA).
- Rentals. Boats or jet skis over 10 horsepower may not be rented to anyone under 18 (§ 23-2-523(12)). A rental release must meet strict statutory requirements, and it does not cover equipment provision or maintenance claims (§ 27-1-753, MCA).
- Shared fault and deadline. Recovery is reduced by your share of fault (§ 27-1-702, MCA). Suit must generally be filed within 3 years (§ 27-2-204, MCA).
Why hire a Great Falls firm for a Kalispell case?
Boating cases on Flathead Lake raise questions about jurisdiction, tribal authority, federal waters and insurance that have to be sorted out early. We are based in Great Falls and handle boating cases across Montana. We travel to Kalispell, Polson and Missoula for inspections, depositions and court. We do not have a Kalispell office.
The Boland Aarab Way
- We build cases for trial. Our attorneys have spent more than 4,000 hours in the courtroom.
- We know federal and appellate court. More than 40 cases in the U.S. District Court for the District of Montana over nine years. Samir Aarab has argued twice before the Ninth Circuit.
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client (Voegel v. Salsbery, 2023 MT 137).
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle wrongful death cases in Kalispell and product liability cases in Kalispell. See our Kalispell personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
Who do I report a Flathead Lake boating accident to? To the county sheriff or an FWP game warden, immediately, if anyone was hurt or damage exceeds $2,000. On the south half of the lake, tribal and Lake County authorities may also be involved.
The accident happened on the south end of Flathead Lake. Does that change my case? It can. The south half of the lake is within the Flathead Indian Reservation, which can raise tribal-jurisdiction questions and point to Lake County rather than Flathead County.
I rented a jet ski in Bigfork and was hit by another rider. Who pays? Usually the at-fault operator and the owner of that craft. The rental company may also share fault if it rented to an underage or impaired operator or skipped required instruction or equipment.
The boat owner wasn’t driving. Is the owner still responsible? Generally yes, if the driver had the owner’s consent and operated negligently. Consent is presumed for immediate family members.
How long do I have after a boating accident near Kalispell? Generally 3 years under Montana law. Federal claims have a 2-year notice deadline, and a tribal-court case may follow different rules.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
