A Lawyer's Guide to Boating Accidents in North Carolina
North Carolina Boating Accident Lawyer Explains North Carolina Boating Laws and FAQs
North Carolina has thousands of miles of beautiful waterways in addition to access to the Atlantic Ocean through 3,375 miles of coastline and many miles more of rivers and other waterways. With over 350,000 commercial and recreational vehicles on these North Carolina waterways, boating is one of the most popular recreational activities for both North Carolina residents and tourists throughout the year.
Popular boating destinations in North Carolina include the Outer Banks, Lake Norman, the Neuse River, Lake Gaston, Falls Lake, Jordan Lake, Bogue Sound, and Lake Lure, to name just a few.
According to North Carolina law, every boat operator has the obligation to take whatever action is necessary to avoid an accident, but the popularity of boating in North Carolina means boating accidents are inevitable.
When a boating accident occurs in North Carolina, victims may suffer serious personal injuries and, in the worst cases, drowning. Our team at Counsel Carolina are experienced in handling these boating accident personal injury cases, ensuring you get the justice you deserve.
In this article, we go over the most frequently asked questions about boating accidents, from the most common causes of boating accidents to what to do in the event of an incident.
Common Causes of Boating Accidents in North Carolina
Boating accidents in North Carolina are frequently caused by a variety of factors, including:
Operator inexperience
Operator error or inattention
Excessive speed
Passenger behavior
Equipment failure
Watersport accidents
Carbon monoxide exposure
Failure to adhere to rules of the waterway
Operator disregard for safety
In many cases, more than one factor can contribute to a boating accident. When a boating accident is caused by a boat operator’s carelessness or negligence, victims are entitled to pursue compensation, which can be achieved by working with personal injury lawyers.
What Types of Boating Accidents Occur in North Carolina?
Common types of boating accidents in North Carolina include:
Boats colliding with other vessels
Boats colliding with objects
Boats running aground
Falling overboard
Watersport accidents
Electrocution
Capsizing
Flooding
Fires
Dock accidents
Onboard falls
Boating accidents can vary in severity depending on many factors, including how prepared the boat operator is for an incident.
Is Carbon Monoxide a Risk While Boating in North Carolina?
Yes, carbon monoxide poisoning is an often overlooked risk when it comes to boating. Carbon monoxide is produced by boat engines, becoming a colorless and odorless part of engine exhaust but also existing on its own without obvious exhaust present. Carbon monoxide poisoning can have a quick onset and feature symptoms that are similar to seasickness, and, in high concentrations, ingesting carbon monoxide can be fatal.
According to the U.S. Coast Guard, carbon monoxide can affect you whether you’re moored, anchored, or underway. Passengers and boat operators alike should be aware of where exhaust outlets are located as well as the dangers of buildup while idling and the effects of a backdraft.
What Responsibilities Do I Have as a Boat Owner and Operator in North Carolina?
As a boat owner, you have an obligation to keep your boat in good working condition, maintain title and registration, and keep necessary safety equipment (life jackets, ignition safety switches, etc). That can also include proper navigational lights for boaters traveling after sunset until sunirse.
Is Boat Insurance Required in North Carolina?
No, boat owners are not required to maintain specific insurance policies for watercraft. Boat insurance is not subject to the same standardization as car insurance and homeowner insurance, so policies can vary greatly in their coverage.
The North Carolina Department of Insurance outlines the basics of boat insurance. Some boats may be covered under homeowner insurance policies, but otherwise insurance can be purchased as boatowner policies for boats under 26 feet and yacht policies for vessels over 26 feet in length. Boat insurance policies usually include coverage for physical damage, liability, and medical payments.
What Should I Do After a Boating Accident?
After a boating accident occurs, you should first check to ensure that everyone is okay, providing first aid as needed. If additional support is needed, you should contact emergency services. If you were injured in a boating accident, document your injuries and the circumstances and prioritize going to a doctor.
Once safety is established, you should contact a personal injury attorney to begin the process of seeking compensation for your injuries. A personal injury lawyer, like the team at Counsel Carolina, will work for you to ensure you get the justice you deserve.
Boat owners and boat operators have a duty to report accidents similar to drivers of motor vehicles, so they must make a report to the North Carolina Wildlife Commission within 48 hours. If they witness a boating accident, boat operators must stop and render aid and assist any person at risk of drowning.
Do I Have to Report a Boating Accident in North Carolina?
According to the North Carolina Wildlife Resources Commission, boating accidents that occur on public waters in North Carolina must be reported if they meet certain parameters. That threshold includes any of the following occurring:
Loss of life
An injury requiring medical treatment
A person is unconscious or left disabled for 24 hours
Actual physical damage to property (including vessels) is in excess of $2,000
A person disappears from the vessel under circumstances that indicate death or injury
Complete vessel loss
When a boating accident that meets one of these parameters occurs, the boat owner or responsible party must contact the North Carolina Wildlife Resources Commission to make a report within 48 hours of the incident.
The North Carolina Wildlife Resources Commission can be reached at 800-662-7137, or a boat accident report can be requested via fax or email. The Commission will conduct an investigation and return a report on the incident.
How Can Boat Operators Prevent Boating Accidents in North Carolina?
Yes, there are several measures boat operators can take in order to prevent boating accidents and to minimize the likelihood of serious injury in the event of an accident. These precautions alongside other key regulations are outlined in the North Carolina Vessel Operator’s Guide.
Boat operators born on or after January 1, 1988 must complete a Boating Safety Education course to operate a vessel with a motor of 10 horsepower or greater on public waters in North Carolina. Based on the vessel class, boats must also contain the appropriate personal floatation devices for all passengers.
Boat operators can also prevent accidents by prioritizing their attention and following all rules and regulations of the waterways, including following the rules of the road and abiding by all navigational aids. They should clearly state the best practices for safety to all passengers and consider filing a float plan prior to heading out onto the water.
Is Drinking While Boating (Under the Influence) Illegal in North Carolina?
Yes, boating under the influence (BUI) is illegal in North Carolina. Boat operators cannot have a blood-alcohol concentration of 0.08% or higher, just like the laws when it comes to drinking and driving. Most BUI charges are Class 2 misdemeanors, with the passage of Sheyenne’s Law in 2016 increasing the penalty for impaired boating when it results in a fatality or serious injury.
North Carolina Personal Injury Law Firm for Boating Accidents
Boating accidents can be highly traumatic events, especially if you or a loved one sustained serious personal injuries. To deal with the aftermath of a boating accident, a seasoned personal injury attorney can be a valuable resource, fighting for you to get the compensation you deserve.
If you or a loved one have been injured in a boating accident, or you want to know your legal rights, our team of North Carolina boating accident lawyers are available to help. Contact us for a free case evaluation to take the first step toward justice.
Schedule a Free Consultation with Our Raleigh Boating Accident Lawyers
It is important to note that each case is different, and the specific laws and regulations that apply will depend on the circumstances of the accident. If you have been involved in a boating accident in North Carolina, it is important to speak with an experienced personal injury attorney who can help you understand your legal options and pursue the compensation you deserve. Our Raleigh personal injury lawyers are ready to evaluate your claim for free.
