North and South Carolina are full of beautiful, big lakes that beg for a day out on the water. Add in the beautiful shores and white peaks of Myrtle Beach and the rest of the states’ shorelines, and it’s easy to see why boating is so popular in the Carolinas. Unfortunately, its popularity means boating accidents are much more common than they should be. Though boats are used for pleasure and work, pleasure boating is the most common cause of accidents. Most often, these accidents happen because someone is acting negligently. A vessel operator may get behind the wheel of the boat when they’re inebriated, or they may ignore other boats and obstacles in the water.
No matter the reason, if you are involved in a boating accident in the Carolinas, there’s a good chance you’ll suffer severe, and sometimes life-threatening, injuries. If another person is responsible for these injuries, you have legal options. North and South Carolina law lays out a clear path for recovering compensation after injuries caused by a boating accident.
The Legal Process After a Boating Accident in the Carolinas
Boating accidents fall under both federal and state laws. If the accident happens at sea instead of on a lake or river, maritime law is enacted instead of state law. Under federal law, all accidents that result in death, disappearance, injury that requires treatment beyond first aid, property damage above $2,000, or a destroyed boat must be reported to state authorities. This report must be made within 48 hours after a fatal accident or within ten days for other situations. In South Carolina, you must report the accident to the South Carolina Department of Natural Resources if any of the above criteria apply, and North Carolina specifically requires you to report the accident to the NC Wildlife Resources Commission if there is any of the following:
- A loss of life
- An injury requiring medical treatment
- A person who is unconscious or left disabled for 24 hours
- Property damage, including damage to the boat, that exceeds $2,000
- A person that disappears under circumstances that indicate the person is injured or killed
What Causes Boating Accidents and How Can You Prevent Them?
There are many contributing factors to collisions on the water, and some incidents may have multiple contributions. Determining the exact reasons after an accident can take time as investigators look into what happened. However, here are some common scenarios:
- Operator inexperience. This is why it’s recommended that you take boating education courses from a professional before driving a boat on your own. Sometimes we see situations where a boat operator spontaneously decides to teach a friend or relative to drive while on the water. Unfortunately, it’s easy to miss things while teaching on the fly. Accidents may also happen when the person teaching decides to do something else for a minute because the new driver has been doing fine so far. New operators should be supervised by an experienced boat driver at all times.
- Operator distraction. Even experienced boaters can make mistakes when their mind or eyes are elsewhere. The driver needs to keep track of speed, direction, winds, weather, and numerous other factors when operating a boat. If you need to check your phone, take a snack break, check supplies, or do other tasks, get another qualified boat operator to take the wheel for a little while.
- Lookout errors. Because it’s hard to watch everything at once, boat drivers are encouraged to have a lookout – someone who keeps an eye out for hazardous debris or other issues in the water. They should warn you of any other boats or objects you could crash into or other difficulties you may have missed.
- Alcohol use. Nationwide, alcohol accounts for about 19 percent of total boating fatalities. If you were going to a party at someone’s house, you and your friends would arrange for a designated driver or rideshare beforehand. You should do the same if you’re planning to drink while on the water – choose someone to stay sober and handle the driving if others are too inebriated.
- Failing to adequately maintain the boat. Sometimes boat accidents aren’t about what the owner/operator did, but what they didn’t Equipment or mechanical failures may contribute to accidents, and failing to keep safety items in good working condition can increase the risk of injury or death in an accident. Keep up with boat maintenance and have it checked by a mechanic regularly. Replace any old or defective safety equipment before taking the boat out again.
- Failing to follow navigational rules. As with the “rules of the road” for land traffic, these are in place to keep everyone safer on the water. Be sure to read and understand them – your boater education course will help with this.
- It can change quickly – one minute, it’s a beautiful, sunny day. The next minute, the skies are darkening, and the wind is picking up. Keeping an eye on forecasts can help you avoid situations where this happens. If the weather does change unexpectedly, it’s a good idea to head back to shore at a safe speed. Sometimes people have accidents after deciding that their boat can handle “riding out” a storm or that it would be easier to ride through it. Never ignore any weather alerts you may receive over the radio or other means.
- Underestimating the waters, wakes, or waves. Waves, wakes, and water conditions can be more powerful than they look, sometimes damaging the hull or other parts of your boat or even causing the craft to capsize.
