On July 4, 2015, a woman from Eden Prairie, Minnesota, tragically died in a boating accident on Cass Lake. The driver of the boat was arrested for alleged boating while intoxicated, a violation of Minnesota DUI law, Minn. Stat. 169A.20,Subd. 1a (1). That law states:
It is a crime for any person to operate or be in physical control of a motorboat in operation on any waters or boundary water of this state when the person is under the influence of alcohol.
According to news reports, a woman, man and a 4-year-old were traveling on Cass Lake when they were thrown from the boat. Nearby fishermen rescued the man and the child, but tragically, the woman was not found in time.
We urge people not to drink and drive a boat. Over the last 5 years, an average of 42 percent of fatal boating accidents in Minnesota were alcohol-related. Last year, alcohol was a factor in 6 fatal boating accidents in the state, according to the Minnesota Department of Natural Resources (DNR). This year, DNR will be adding patrols for intoxicated boaters on June 26-28 in a campaign called Operation Dry Water.
Wrongful Death
When a fatal boat accident is caused by a drunk driver, the family has a “wrongful death” claim under Minnesota law against the driver. This is a statutory claim established by Minn. Stat. section 573.02. This law was enacted because the legislature wanted families to have a legal recourse when their loved ones died from injuries caused by the negligence of another.
The legislature recognized that many family members suffer loss when someone dies, so a wrongful death claim can be pursued by a spouse, parent, child, sibling, grandparent and others. When several family members have claims, they are joined, and a court appoints a trustee to pursue the claim on behalf of the family. In most cases, the trustee is a family member.
When money is recovered in a settlement or verdict, the judge decides how the money will be divided. All of this is governed by laws, making it a fair process that meets the needs of the family. In addition, many of our clients establish a scholarship or otherwise donate some of the money in the name of their loved one.
Our lawyers can be contacted at 612-338-0202 for a free, confidential consultation.