Today, Kalispell state Senator Greg Barkus was charged with felony criminal endangerment and two counts of felony negligent vehicular assault for operating a motorboat under the influence of alcohol and causing serious bodily harm to two of his passengers. The charges stem from an August 27th boat crash on the shore of Flathead Lake that injured Barkus, his wife, Congressman Denny Rehberg and two of Rehberg’s staff members. According to the charging documents, a blood test taken one hour and 45 minutes after the accident showed Barkus had a BAC of 0.16, which is twice the legal limit.

Whether Barkus is criminally guilty of these charges is beyond the scope of this blog, and something still to be determined. My topic is injury, and it is beyond dispute that injuries occurred that night. What is important to remember for victims of other accidents is that a criminal conviction is not necessary to bring a suit for personal injury. Of course, a conviction for driving under the influence can help an injury claim in a car accident – but it is not necessary. Whether or not Senator Barkus is convicted of the charges, he could still be civilly liable for the injuries caused by the accident that night.

On a personal note, Dustin Frost, who was seriously injured in the accident, is a personal friend and someone for whom I have tremendous respect. Based on local news coverage, it is my understanding that he currently has no plans to file an injury suit. I respect this decision and hope everyone considers all options, including not filing suit, when in a similar situation.

Boat Crash

Barkus' boat on the shore of Flathead Lake