Boating Accident Injuries in Colorado: Your Rights on the Water

The operator who caused your Colorado boating accident owes you money: medical bills, lost pay, pain. Colorado law requires any operator involved in a crash to stop, help the injured, and give their name in writing (C.R.S. § 33-13-109). BUI starts at 0.08 blood alcohol, the same line as on the road (C.R.S. § 33-13-108.1). Most claims must be filed within two years (C.R.S. § 13-80-102).

What should I do in the first hour after a boating accident?

1. 1. Get everyone out of the water and call 911. Ask for medical help even if the person says they are fine.
2. 2. Get the other operator's name, address, and boat number. The law requires them to give it to you in writing.
3. 3. Take photos of both boats, the water, the weather, and every visible injury.
4. 4. Get names and phone numbers from passengers and anyone on shore.
5. 5. Write down any sign of drinking, speed, or reckless moves you saw.
6. 6. Report the crash to Colorado Parks and Wildlife, as its rules require.

Colorado law treats a boat very differently from a car, and most families only learn that after the crash. A pontoon on Vallecito carries a registration number instead of a plate. Nobody is required to keep an insurance card aboard it. There is often no officer on scene to write things down, either. Those gaps are why a crash on the water needs a different plan than a fender bender on Camino del Rio. These crashes are not rare on Colorado water. The Coast Guard counted 44 reported boating incidents here in 2024, with 21 deaths and 18 injuries (U.S. Coast Guard, Recreational Boating Statistics 2024).

Who is liable for a boating accident in Colorado?

Liability on the water usually comes down to negligence: someone failed to use reasonable care. Colorado also makes careless boating a violation of its own. C.R.S. § 33-13-108 bans running a boat “in a careless or imprudent manner,” and names examples like weaving through traffic or crossing a wake so close that another boat has to swerve. Reckless boating is a class 2 misdemeanor under the same section. Depending on the facts, the party at fault may be:

• • The operator, for speed, weaving, overloading, or not watching the water.
• • An impaired operator, since boating at 0.08 or higher is a crime under C.R.S. § 33-13-108.1.
• • A rental company, for renting out a boat with bad gear or skipping safety training.
• • A maker, when a failed part, like steering or fuel lines, caused the crash.
• • Another boater, whose wake or turn put you in danger.

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The operator of a vessel involved in a collision, accident, or other casualty shall, so far as he can do so without serious danger to his own vessel, crew, and passengers, if any, render to other persons affected by the collision, accident, or casualty such assistance as may be practicable and necessary.

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An operator who speeds off without helping has broken that duty. The same law says they must hand over their name, their address, and the boat's number in writing to anyone hurt. When they don't, that failure becomes strong evidence in your claim.

How is a boating claim different from a car crash claim?

The coverage rules are the biggest difference. Colorado requires every auto policy to carry $5,000 of MedPay unless you turn it down in writing (C.R.S. § 10-4-635). That rule is written for cars. Boats have no matching rule. Boat coverage might sit inside a homeowner's policy, a separate boat policy, or nowhere at all. So finding every party and every policy often decides what a boating case is worth. Our guide to uninsured and underinsured coverage explains why that hunt matters so much.

Deadlines differ too. A car crash claim in Colorado gets three years under C.R.S. § 13-80-101(1)(n), because that rule covers the use of a motor vehicle. A boating claim generally falls under the two-year tort deadline in C.R.S. § 13-80-102(1)(a). Treat two years as your real limit. If a city, county, or state boat or dock was part of the crash, a written notice is due within 182 days of finding the injury (C.R.S. § 24-10-109).

Why do near-drowning and cold-water injuries need a doctor right away?

Near-drowning and cold-water injuries often look mild at the dock and turn serious later. MedlinePlus, the National Library of Medicine's health site, says that after a non-fatal drowning, “quick first aid and medical attention are very important.” It lists warning signs like chest pain, cough, confusion, and shallow breathing (MedlinePlus: Non-fatal drowning). Cold water adds a second risk. Hypothermia means a body temperature below 95°F (MedlinePlus: Hypothermia), and our high reservoirs stay cold even in August.

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I spent years in emergency and trauma nursing, and water injuries taught me to distrust the words “I'm fine.” Someone pulled from the water can seem okay, then struggle to breathe hours later. My advice never changes: get checked the same day, and tell the doctor exactly how long they were under.

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Early care protects the claim, too. A same-day ER record ties the injury to the crash before an insurer can argue it came from something else.

Does Colorado boating law apply on private ponds?

Colorado's boating article covers all waters of the state, with one exception. C.R.S. § 33-13-112(2) leaves out standing water on private land used for private, non-business purposes. A crash on a ranch pond may fall outside the boating rules. The owner or operator can still be liable under ordinary negligence law, and Colorado's fault-sharing rule still applies (C.R.S. § 13-21-111).

A boating injury on a Colorado lake or river deserves the same care as any serious crash. Our boating accident practice handles both the medical side and the coverage puzzle these cases bring. Reach out for a free consultation and we will tell you honestly where you stand.