The pilot reported that during a night cross county flight, the first airport he landed at did not have fuel. He departed the airport for another airport that did have fuel. While en route, he stated that "the engine spluttered and failed to restart even after switching tanks and trying all emergency check list procedures." The pilot ditched the airplane in a lake; the occupants egressed from the airplane, and swam to shore without further incident. Upon recovery from the lake, the airplane had substantial damage to the fuselage.

The assigned Federal Aviation Administration aviation safety inspector reported that when the airplane recovery personnel examined the airplane after the recovery from the lake, only one fuel tank had fuel located inside, approximately one quart.

The pilot reported there were no pre-impact mechanical failures or malfunctions with the airframe or engine that would have precluded normal operation.