Mobile phone use whilst driving: Young motorboat driver sentenced to prison

Yesterday, the Feldkirch Regional Court sentenced a 26-year-old motorboat driver to twelve months’ imprisonment for causing death by gross negligence. Eight months of this sentence have been suspended, meaning the man must serve four months in prison. He must also pay 5,000 euros to the bereaved. This is reported consistently by several Austrian and southern German media outlets.

The judgement is not yet final. Although the defendant has already waived his right to appeal, the Crown Prosecution Service has not yet issued a statement on the matter.

On 11 October 2025, a serious collision occurred three kilometres from Fußach in the district of Bregenz. The man, who was 25 at the time, was travelling with three friends on a motorboat from Hard to Konstanz. During the journey, the boat collided at high speed with the sailing boat of a German couple from the Günzburg district. The 57-year-old sailor suffered serious injuries, fell into the water and died at the scene of the accident despite immediate resuscitation efforts. Her husband saved himself by jumping into the water and suffered several bruises as well as severe shock. We had reported on the tragedy on yacht.de at the time.

From a charge of murder to manslaughter

The original charge was murder with conditional intent. Under Austrian law, a person can be convicted of murder even if they did not necessarily intend to cause another person’s death, but accepted that it might happen. Conditional intent means that a person knows their behaviour could result in death, and tells themselves: ‘It’ll be all right – and if not, so be it.’

• ​Motorboat driver faces murder trial

However, right at the start of the trial before the Assize Court, Public Prosecutor Simon Mathis made it clear that he could not see any intent. “I am not convinced that it was murder,” he stated, according to Österreichischer Rundfunk. The eleven jurors agreed with this assessment. Instead, they found the defendant guilty of causing death by gross negligence. In cases of causing death by negligence, the perpetrator does not seriously consider the possibility that someone might die, but acts carelessly or recklessly.

Confession following a false statement

The trial took a decisive turn when the 26-year-old significantly altered his testimony regarding the events surrounding the accident. During an initial trial in April, he had stated that he had kept a constant watch on the lake but had nevertheless failed to see the sailing boat. It was this statement that had ultimately led to him being charged with murder. The judge presiding over the case at the time argued that if he had been looking at the lake, he must have seen the sailing boat – and consequently, the collision would have been deliberate.

Before the Assize Court, the defendant now admitted that he had been distracted: he had been taking and sending photos on his mobile phone, trying to book a mooring for his boat in Konstanz, chatting to his three friends and raising a glass to them. At the time of the collision, he said he had turned round and had not been watching the water. He explained that he had not told the truth at the first trial because he had trusted his former defence lawyer, who had advised him to make the original statements.

Expert report confirms high speed

An expert was unable to corroborate the original accounts given by the defendant and the witnesses. In his view, the motorboat must have been travelling at around 60 kilometres per hour. This was evident from the damage caused. The maximum permitted speed on Lake Constance is 40 kilometres per hour.

"If he’d been looking ahead, he would inevitably have seen that sailing boat," said the prosecutor. The victim’s lawyer emphasised that the defendant had not been looking at the lake for at least four minutes. If the 26-year-old had just looked out once, he would have seen that he was on a collision course.

Dramatic statement by the widower

In his testimony, the surviving widower reiterated that he had not seen anyone at the helm of the motorboat as it approached the sailing boat. He and his wife had shouted and waved, but the motorboat had continued to head straight towards them. Shortly after the accident, the maritime police stated that, given the prevailing conditions, the sailing boat should have been visible in good time. The weather and wind conditions that day were excellent, visibility was clear and the sea was calm. The sailing boat had a sail area of 24 square metres.

The sailing boat, which weighed just 600 kilograms, was completely destroyed in the collision with the much heavier motorboat.

Mitigating circumstances taken into account

The judge regarded the defendant’s previously law-abiding conduct as a mitigating factor, as well as the remorseful confession he had now made, at least before the Assize Court. The fact that he had required psychological support as a result of the offence was also taken into account. A sentence of twelve months was deemed appropriate; the 26-year-old must serve four months of this in any case – whether in prison or under house arrest remains to be decided.