Subjects, and their passengers got in two boats docked at Famous Freddies to leave.  Operator1 was operating vessel #1, a Glastron motorboat, owned by Subject, and Subject was operating a Donzi owned by Operator1.  Subject and the Donzi were not involved in the accident, but Subject witnessed the collision.  Subject and Operator1 were traveling Northwest out of Meyers Bay.  Subject was ahead of Operator1 by several boat lengths and to his starboard side.  Subject throttled the Donzi up bringing it on plane and she noticed a pontoon boat (vessel #2) in front of her, so she operated the Donzi to the port side of the pontoon boat.  Subject recalled looking back and seeing the bow of vessel #1 still up in the air as it collided with vessel #2.  

Operator1 recalled looking forward and not seeing any obstructions prior to throttling vessel #1 up. The bow of vessel #1 was up in the air as Operator1 was attempting to plane the boat out when the collision occurred.  Operator1 said he never observed vessel #2 until after the collision.  

Operator2 was operating vessel #2 traveling Southeast towards Meyers Bay. Operator2 said he observed vessel #1 and the Donzi leave the docking area and travel towards his boat at a high rates of speed.  Operator2 estimated he only had three seconds from first observing vessel #1 leaving the dock until the collision.  Operator2 said he had no time manuver his pontoon boat to avoid the collision.  

V2 occupant was struck by vessel #1 and thrown into the water.  One person and Operator2 jumped into the water and assisted v2 occupant until the Lake County Marine Unit and Fox Lake rescue arrived on scene.  v2 occupant suffered broken ribs, a broken leg, a fractured pelvis, a lacerated spleen, and lacerations on her face.  She was transported to the hospital.  

The Lake County Marine Unit contacted Conservation Police Officer and myself approximately twenty five minutes after the accident requesting assistance and we arrived on scene approximately twenty five minutes after receiving the call.  Vessel #2 was the only watercraft still on the lake and only two passengers / witnesses remained along with a Lake County Marine boat and deputies.  CPO and I remained with vessel #2, obtained written statments from two people, and had the boat towed to a secure facility.  V2 witness recalled seeing vessel #1 from approximately three car lengths away traveling towards the pontoon boat she was on until it collided with the boat.  Lake County Sheriff deputies were at the docks of Famous Freddies with the passengers of vessel #1 and the Donzi boat when we arrived after securing the pontoon boat.  

Deputy had gotten statements from the passengers and we also had the passengers complete written statements of their accounts of the incident.  Lake County Sheriff''s Marine deputies arrested Operator1 for operating a watercraft while under the influence of alcohol and careless operation.  Neither Operator1 nor Operator2 were on scene when we arrived and we had no contact with either of them that night.  The Lake County Marine deputies advised they would be handling the criminal investigation and requested we handle the accident investigation.  CPO and I also had vessel #1 towed to a secure facility so we could investigate the accident.  The point of impact and initial engagement indicate a head on collision of the two vessels.  The degree of rotation of vessel #2 in relation to vessel #1s ability to clear vessel #2 indicates an estimated speed of 16-20 mph for vessel #1.  Operator2 estimated his speed was below 10 mph and stated that the top speed of his pontoon boat is only 21 mph.  There is no evidence to indicate either vessel was changing their direction of travel or turning prior to impact.  Both operators of vessels #1 and #2 were traveling on the same paths towards each other and failed to give way to the ot...

Fox Lake                      