Missoula, MontanaMissoula Boating Accident
Missoula Boating Accident Lawyers: Rafting, Jet Ski and Boat Crashes on the Clark Fork, Alberton Gorge and Seeley Lake Chain
Boland Aarab PLLP.
If you were hurt in a boating, rafting or jet ski accident on the Clark Fork, the Blackfoot, the Bitterroot or a lake near Missoula, you can usually recover from the operator or company whose carelessness caused it. Montana also makes a boat’s owner liable for negligent operation by anyone the owner let use it. Most claims must be filed within three years.
Key Takeaways
- Operating a motorboat or personal watercraft while under the influence is prohibited (§ 23-2-523(2), MCA).
- A vessel’s owner is liable for negligent operation by someone using it with the owner’s consent (§ 23-2-505, MCA).
- 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).
Hurt on the water near Missoula, or lost someone in a boating accident? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do boating accidents happen around Missoula?
Missoula’s water is mostly moving water, and that shapes the accidents. Three rivers meet in the valley, and the lakes are an hour or so away.
- The Clark Fork through town. On summer afternoons the Clark Fork through Missoula fills with rafts, inner tubes, paddleboards and kayaks. Crowding, alcohol, cold spring runoff, bridge piers and downed trees are the recurring dangers. A rental or shuttle company that sends inexperienced floaters onto high water may share responsibility.
- Alberton Gorge. Downstream, west of Alberton in Mineral County, the Clark Fork runs through a roughly 10-mile stretch of Class II and III whitewater between the Cyr and Tarkio access sites, managed by Montana Fish, Wildlife & Parks as a recreation corridor (Visit Montana; FWP). Guided and private whitewater trips there raise questions about guide training, equipment and route decisions.
- The Blackfoot and Bitterroot. Both are heavily floated, and both carry logjams and changing channels after high water.
- The Seeley Lake chain. Along MT 83, Salmon Lake and Placid Lake state parks offer boat launches for motorboats, skiing and wakeboarding (FWP, Salmon Lake; FWP, Placid Lake). Motorboat and personal watercraft collisions, towing injuries and propeller strikes happen on these smaller lakes.
- Flathead Lake, north of Missoula, where many Missoula families boat in summer. Its southern half lies within the Flathead Indian Reservation of the Salish, Kootenai and Pend d’Oreille tribes, which can raise questions of tribal jurisdiction. Our attorneys are not admitted in tribal courts but can seek admission when a case requires it.
What happens after a boating accident near Missoula?
Rescue and medical care. River accidents often involve near-drowning, head injuries and hypothermia. Seriously injured people are usually taken to Providence St. Patrick Hospital, the region’s ACS Level 2 / State Regional Trauma Hospital, or Community Medical Center (DPHHS).
Reporting. Montana law requires a serious accident to be reported immediately to the county sheriff or a game warden (§ 23-2-527). Around Missoula, that means the Missoula County Sheriff’s Office, the sheriff of the county where the accident happened (Mineral County for Alberton Gorge), or a warden from FWP Region 2, headquartered at 3201 Spurgin Road in Missoula (FWP Region 2).
Evidence. The river carries evidence away. Photograph the boats, gear and scene, save phone video, and write down the names of everyone involved, including guides and rental staff. Keep the life jacket, the raft or the watercraft, and any rental agreement or release you signed.
Which court. A lawsuit can be filed in the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway (Missoula County District Court). The Fourth Judicial District also covers Mineral County, so an Alberton Gorge case can be filed in that district. A case against an out-of-state operator or manufacturer may be removed to the federal courthouse in Missoula, 201 East Broadway (U.S. District Court, Missoula).
Montana law that applies
- Operating rules. Montana prohibits reckless or negligent operation and requires boats to stay 75 feet from people fishing or slow to no-wake speed (§ 23-2-525, MCA). Everyone on a personal watercraft must wear a life jacket (§ 23-2-531, MCA).
- Rentals and releases. A boat livery must keep renter records and required equipment (§ 23-2-503, MCA). A recreation release must meet strict requirements, and it does not cover claims about the provision or maintenance of equipment (§ 27-1-753, MCA).
- Admiralty usually does not apply on dammed rivers and inland lakes (Adams v. Montana Power Co., 528 F.2d 437 (9th Cir. 1975)), but it depends on the water.
- Deadlines: generally 3 years (§ 27-2-204, MCA); claims against a government entity require written presentation first.
For more, see our Montana boating accident lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle boating and river cases statewide. These cases turn on who owned and operated the craft, what the outfitter or rental company did, and which insurance applies. Our attorneys travel to Missoula and Mineral Counties for inspections, depositions, hearings and trial.
The Boland Aarab Way
- We try cases. Our firm has tried more than a dozen jury trials, and our attorneys have spent more than 4,000 hours in the courtroom.
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client in Voegel v. Salsbery, 2023 MT 137.
- We know federal and appellate court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle Missoula wrongful death and Missoula brain injury cases, and other Missoula personal injury claims.
Frequently Asked Questions
Who do I report a boating accident to near Missoula? To the sheriff of the county where it happened or to a game warden. FWP’s Region 2 office in Missoula handles wardens for this area.
I was hurt on a guided whitewater trip in Alberton Gorge. Does the waiver end my claim? Not necessarily. A release must meet specific statutory requirements, and it does not cover claims based on the provision or maintenance of equipment.
Someone else’s raft or tube crashed into me on the Clark Fork. Is that a claim? It can be, if the other floater acted carelessly, for example while impaired. Homeowner’s or renter’s insurance sometimes covers these claims.
My friend was driving his boat on Salmon Lake when I was hurt. Is the owner responsible? Generally yes, if the operator was using the boat with the owner’s consent and operated it negligently.
What if the accident happened on the Flathead Reservation? Tribal jurisdiction may affect where the case is heard. We evaluate that early and can seek admission to tribal court if needed.
Talk to a Missoula Boating Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
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.
