Boating is a favored activity in Charleston, attracting many to its scenic waters every year, but this enjoyable pastime is not without its dangers. Accidents ranging from collisions involving swimmers, jet skiers, and boats to fires caused by improperly maintained equipment can lead to serious injuries or even fatalities.
In the unfortunate event of a boating accident, whether it results in injury or the tragic loss of a loved one, understanding your legal options is essential. The CEO Lawyer Personal Injury Law Firm is well-versed in investigating these incidents to pinpoint the cause and assign liability, be it due to intoxication, drug use, mechanical failures, or negligent handling of any watercraft, whether privately or commercially operated.
Why Our Charleston Boating Accident Attorneys Support Makes a Difference in Your Case?
If you’re navigating the aftermath of a boating accident in Charleston, having our expert boating accident lawyers by your side is beneficial. At the CEO Lawyer Personal Injury Law Firm, we possess the specific maritime law expertise required to tackle the complexities of boating accident claims effectively.
Our team is dedicated to conducting thorough investigations, ensuring no detail is overlooked—from examining law enforcement and Coast Guard reports to analyzing weather and water conditions that may have contributed to the accident.
We have a talented team of people who can easily identify liable parties, whether it’s the fault of another vessel’s operator, a manufacturing defect in the boat, or other contributing factors.
More significantly, we make sure you get all the money you’re entitled to by managing all correspondence and negotiations with insurance companies. By hiring our lawyers, you may be confident that your rights will be energetically upheld so you can concentrate on getting better while we fight for the justice you are due.
How Our Charleston Boating Accident Law Firm Helped Boating Accident Victims Win?
Boat accident lawsuits can be complicated and challenging. Identifying who is to blame is just the beginning; you must also deal with insurance companies and potentially corporate defendants.
You may be entitled to substantial compensation from another party, and it is crucial not to leave anything to chance. Hiring our experienced boating accident law firm ensures you cover all your bases.
With a successful track record, our attorney can significantly improve your chances of a favorable outcome.
After representing accident victims throughout Charleston, we know that boating crash victims have limited options. Dealing with severe personal injuries is hard enough, and the legal process can be skewed against you without professional support.
This is where the CEO Lawyer Personal Injury Law Firm can make a difference, leveling the playing field and advocating on your behalf.
Ways to Reduce Your Risk of Accidents and Injuries on the Water
While not all accidents and injuries are preventable, many can be avoided with proper precautions. Here are some tips to help reduce your risk:
- Wear a Life Jacket: Always wear a life jacket, even if you are a strong swimmer. In the event of an accident, you could be disoriented or knocked unconscious, and a life jacket can prevent drowning.
- Use Reliable Communication Tools: Do not rely solely on smartphones; they may not have service everywhere on the water. Keep a working VHF marine radio on board for emergency communication.
- Carry Safety Equipment: Ensure you have a US Coast Guard-approved fire extinguisher on board.
- Manage Fatigue: Fatigue-related inattention is a common cause of accidents. If you will be out for an extended period, plan to take turns with another experienced boater or anchor your boat and take breaks as needed.
- Avoid Overloading: Do not overcrowd your boat with passengers or heavy equipment, as overloading can affect stability and safety.
- Avoid Alcohol: Never mix alcohol with operating a boat. Designate a sober “driver” or hire a professional to operate the boat while you enjoy your time with friends.
- Check the Weather: Reconsider boating if the weather is particularly bad or stormy to avoid dangerous conditions.
Following these guidelines can significantly reduce the risk of accidents and injuries while enjoying your time on the water.
Top Reasons Behind Boating Accidents: What You Need to Know
Even experienced boat operators can encounter situations that lead to collisions and other catastrophic accidents. Some of the most common causes of boating wrecks in Charleston include:
- Alcohol or drug use
- Speeding
- Improper lookout or failure to observe others on the waterways
- Broken or insufficient onboard navigation lights
- Failure to properly ventilate the boat or boating equipment
- Operator distraction or inattention
- Operator inexperience
- Failure to observe right-of-way rules or other boating rules
- Obstructed or restricted vision
- Sharp or unsafe turns
- Improperly starting the boat while it is in gear
- Failure to anchor the boat properly
- Overloading the boat or incorrect weight distribution
- Problems with boating equipment, including hull or machinery failure
- Crowded waters
- Hazardous water
- Storms or bad weather
- Fire
By understanding these common causes, boaters can take proactive steps to minimize risks and ensure safer boating experiences in Charleston.
What Should You Do After a Boating Accident in South Carolina?
A boating accident can be frightening and disorienting. Try to stay calm and follow these steps after a crash occurs on the water:
- Stop Your Boat and Remain at the Scene: Immediately stop your boat and remain at the scene of the crash.
- Check for Injuries
- Check yourself and others on your boat for injuries.
- Check the occupants of the other boat.
- Assist anyone who is hurt or needs help.
- Call for emergency assistance if anyone is seriously injured.
- Exchange Information: For example, contact and insurance information and boat registration numbers should be exchanged with the other party in a car accident.
- Document the Scene: Take pictures of your boat, the other boat, and any other damaged property at the scene.
- Seek Medical Attention: Even if you don’t think you were badly hurt, pursue medical attention. Some injuries don’t present symptoms immediately, but you may develop severe pain a few hours or days later. Getting checked out ensures any issues are documented and rules out serious problems that need immediate attention.
Following these steps, you can ensure safety and gather important information for potential legal or insurance claims.
What Kind of Liability and Compensations Available in South Carolina Boating Incidents?
In Charleston, SC, as with any personal injury case, you may be eligible for compensation if you were injured due to someone else’s negligence or deliberate action. Establishing liability in these cases involves proving four key elements:
- Duty of Care: The other party had a responsibility to act safely toward you.
- Breach of Duty: They failed in their duty to act safely.
- Causation: Their failure directly caused your injury.
- Damages: You suffered financial losses due to the injury.
Additionally, if your injury resulted from a defective product, you might pursue a product liability claim, which sometimes invokes strict liability. This means you do not need to prove fault if the product had:
- Manufacturing Flaws
- Inherently Faulty Designs
- Inadequate Instructions or Warnings
Successful claims can secure compensation for:
- Economic Damages: Tangible losses like medical bills and lost earnings.
- Non-Economic Damages: Intangible losses such as pain, emotional distress, or loss of companionship.
In exceptional circumstances, you may also seek punitive damages, which aim to punish the defendant and deter similar future conduct. The specifics, however, depend on South Carolina law, highlighting the importance of understanding local legal aspects to effectively pursue your claim and achieve just compensation.
Filing Timelines for Boating Accident Claims in Charleston, SC
The window for filing a boating accident claim can vary widely based on multiple factors, such as the applicable laws, the nature of the incident, and the entities involved. For example, in Charleston, you generally have two years from the date of the accident to initiate a negligence lawsuit.
Conversely, claims related to personal injury or death under federal maritime law must be filed within three years.
Particularly complex cases involve cruise ships, where claimants may have as few as six months to file. Due to these variations, consulting with an attorney promptly after your accident is crucial.
A legal professional can help you manage these deadlines effectively, ensuring you file your claim within the legally mandated timeframe, thus preserving your right to get settlements.
Common Injuries Sustained in Boating Accidents
Boating in Charleston offers splendid views and exhilarating experiences, but it can also lead to severe injuries if accidents occur. Here are some of the most common injuries that boaters in Charleston might encounter:
- Drowning: Despite being skilled swimmers, many individuals underestimate the risks associated with boating. Drowning is a prevalent consequence of boating accidents, often resulting from victims being rendered unconscious or trapped under debris, preventing them from surfacing for air. This tragic outcome can result in fatalities or long-term disabilities.
- Broken Bones: While often underestimated, broken bones are frequent in boating mishaps. These injuries can range from simple fractures to complex breaks requiring extensive medical intervention. Factors contributing to such injuries include slips, falls, and collisions. Boaters can mitigate these risks by adhering to safety measures such as wearing life jackets, maintaining moderate speeds, and avoiding alcohol consumption while boating.
- Traumatic Brain Injuries (TBIs): Boating collisions can exert significant force on the head, leading to TBIs. These injuries can also occur from prolonged submersion, leading to oxygen deprivation. TBIs can cause chronic pain and long-term cognitive issues, profoundly affecting a person’s quality of life.
- Spinal Cord Injuries: These injuries are particularly severe and can result from direct impacts during collisions or from forceful motions when a boat hits large waves. Spinal injuries can lead to permanent damage, including partial or complete paralysis.
- Electrocution: Boats are equipped with various electrical systems and devices, and when these become compromised, especially due to water exposure during accidents, electrocution can occur. This can cause severe burns, cardiac arrest, and other critical injuries.
- Lacerations and Amputations: Contact with boat propellers is a dangerous scenario that can lead to deep cuts or even the amputation of limbs. Such accidents are extremely dangerous and require immediate medical attention to prevent further complications.
Residents and visitors in Charleston enjoying the boating season should always prioritize safety to minimize these risks and ensure a safe journey on the water.
Our Charleston Boating Accident Lawyers Can Help You Pursue Recovery!
If you’ve suffered injuries from a boating accident in Charleston, Myrtle Beach, or Hilton Head, you might be eligible for compensation. Each case is unique, with outcomes depending heavily on the available evidence and the effectiveness of your legal representation.
At the CEO Lawyer Personal Injury Law Firm, our experienced personal injury lawyers are experienced in local maritime laws. We have the expertise to patiently gather and present evidence, and we’re skilled in delivering compelling arguments to ensure you receive the compensation you rightfully deserve.
Contact us today at (864) 664-3865 or schedule a complimentary initial consultation to learn how we can assist you. We’ll answer your questions and explain all of your legal options.
FAQs
- I was hit by another boat while fishing near the Charleston Pier. Who can be held liable?
Liability depends on various factors, such as the other operator’s behavior, boat maintenance, and adherence to boating laws. Our lawyers can help investigate the accident and determine the responsible parties by reviewing accident reports, interviewing witnesses, and analyzing available evidence.
- The boat I rented had a mechanical failure and caused an accident. Can I sue the rental company?
Yes, if a mechanical failure led to the accident, the rental company might be liable for providing a poorly maintained boat. We can assist in examining the rental agreement, maintenance records, and other relevant documents to establish negligence on part of the rental company.
- After a boating accident near Folly Beach, the insurance company offered a quick settlement. Should I accept it?
It’s important not to accept any offers without consulting a lawyer. Insurers often propose lower settlements to close cases quickly. Our attorneys can negotiate with the insurance company to ensure you receive a settlement that fully covers your medical expenses, lost wages, and other damages.