Liability for Common Boating Accident Injuries 

 Posted on May 27, 2022 in Personal Injury

North Carolina's expansive waterways of lakes, rivers, and the Atlantic Ocean, are a recreational epicenter for boating. With 390,305 registered boats that navigate North Carolina's waterways, locals and tourists alike enjoy this popular water activity. In 2020, there were 187 boating accidents with 24 fatalities, making North Carolina one of the nation's leading states in watercraft accidents.

A personal injury lawyer adept in state maritime rules and regulations may be able to secure monetary compensation for injuries, or a fatality, on behalf of the victim or the victim’s family. The statute of limitations for filing a personal injury lawsuit in North Carolina is three years from when the boating accident occurred. However, a wrongful death lawsuit is limited to two years from the accident.

Eleven Common Boating Accident Injuries and Fatalities

Boating accident injuries can be traumatic and devastating. Although most injuries suffered in boating accidents are minor, some are so severe that the victims are not fortunate enough to recover fully. Recovery can take an emotional and financial toll on the victim and the victim’s family. Severe injuries can cause life-altering repercussions, like paralysis or brain injury. Tragically, some catastrophic boating accidents result in the loss of life. A personal injury lawyer will help pursue compensation for boating accident injuries, like the following.

• Broken bones

• Loss of limbs

• Facial or bodily laceration

• Whiplash

• Heatstroke

• Hyperthermia

• Head trauma

• Spinal cord injury

• Electrocution

• Drowning

• Decapitation

Who is Liable?

With a myriad of ways in which boating accident injuries occur, multiple parties and insurance companies could be partially or fully liable. Damages may include medical bills, loss of wages, loss of potential wages, and pain and suffering. A personal injury attorney will build a compelling case by collecting and preserving evidence, such as photographs of the boat(s) involved, photographs of injuries, medical reports, weather reports, water police reports, and witness interviews. 

Liable parties in a boating accident may include:

• Boat’s captain and owner – An intoxicated, negligent, reckless, or inexperienced captain who caused the accident could be held liable; however, if this captain does not own the boat, liability may fall on the owner. 

• Boating in hazardous weather – Whoever knowingly operates a boat in dangerous weather conditions is responsible for the safety of their passengers and may be liable for any accidents. 

• Colliding boat – The captain and owner of any vessel that is the cause of the accident may be held accountable for damages. 

• Watercraft sports operators – Jet skiers and water skiers could be liable if their recklessness caused an accident.  

• Boat manufacturer – A defective boat part could lead to a malfunction that causes an accident. Mechanical defections found in the boat engine, propeller, steering, or other essential apparatuses could trigger the boat’s inoperability.

• Commercial vessels – Companies that own commercial vessels involved in boating accidents may be held liable. These include ferries, chartered boats, fishing boats, and sightseeing cruises.

Contact a Johnston County and Wake County Personal Injury Lawyer 

At Vasquez Law Firm, PLLC, we are dedicated personal injury attorneys proficient in our state’s maritime laws. If you or a loved one sustained or succumbed to a boating accident injury, we will aggressively advocate for maximum compensation. For a free consultation, contact a Charlotte personal injury lawyer at 1-844-YO-PELEO or 844-967-3536. Hablamos Español.

Sources:

https://www.ncwildlife.org/Portals/0/Boating/documents/2020-Boating-Accidents-Fatalities-FINAL.pdf?ver=FexEhrYtqgsLg-FToFA-sQ%3D%3D

https://quicknav.com/boating-accident-statistics/

https://www.rockymounttelegram.com/news/local/man-killed-in-boating-accident-recalled-as-one-of-a-kind/article_d0395137-adff-5d61-acce-53b80018b8c1.html

https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_75a.html