North Myrtle Beach is a premier destination for water enthusiasts. The many creeks and inlets can be a source of joy and relaxation. Yet, a collision on the water or a rider thrown from a jet ski can transform a day of recreation into a life-altering event.
Watercraft accidents may stem from a mix of operator actions, environmental conditions, and equipment failures. After a boat accident in North Myrtle Beach, there may be complex questions about liability and various legal options available to injured parties.
Common Causes of Boat and Jet Ski Accidents in North Myrtle Beach
The crowded environment around North Myrtle Beach waterways can create conditions that may lead to accidents. Several factors contribute to these incidents, including:
- Operator inattention and inexperience. A momentary lapse in attention or lack of experience can result in a failure to yield, a sudden turn into another vessel's path, or a collision with a stationary object.
- Boating under the influence (BUI). Operating a watercraft while impaired by alcohol or drugs is illegal in South Carolina and remains a leading contributor to accidents. Alcohol can impair judgment, balance, and coordination.
- Excessive speed and reckless operation. High speeds dramatically reduce an operator's reaction time, leaving little room to avoid obstacles, other vessels, or sudden changes in environmental conditions.
- Equipment and mechanical failure. A sudden engine cutoff, a steering system failure, or an electrical malfunction can leave a vessel adrift or completely uncontrollable.
- Hazardous weather and water conditions. Coastal weather in the North Myrtle Beach area can change quickly. Afternoon thunderstorms can roll in with little warning, bringing high winds, sudden waves, and lightning.
- Negligent rental practices. If a rental company provides a mechanically unsound vessel or fails to provide proper safety instructions, it may contribute to a dangerous situation.
A North Myrtle Beach boat accident lawyer may help investigate these factors for injured parties.
Boat and Jet Ski Accident Injuries
Possible boat and jet ski accident injuries include, but are not limited to:
- Drowning and near-drowning incidents. Even when a person is rescued, a nonfatal drowning event can lead to severe respiratory complications, brain damage, and other serious medical issues.
- Traumatic brain injuries (TBI). A sudden impact with the water at high speed or a collision with another vessel can cause a traumatic brain injury. Symptoms may not be immediately apparent, making prompt medical evaluation important.
- Spinal cord injuries. The violent forces of being ejected from a watercraft, or the jarring impact of a collision, can cause fractures or dislocations in the spine.
- Fractures and broken bones. Being thrown against a hard surface like a boat deck, struck by a vessel, or caught between two objects can result in fractures to the arms, legs, ribs, and pelvis.
- Lacerations and propeller injuries. Propeller strikes can cause deep cuts, severe tissue damage, and traumatic amputations, and can result in permanent scarring, disfigurement, and loss of function.
- Burn injuries. Fuel leaks, electrical malfunctions, or engine explosions can lead to fires on board a vessel. Burn injuries from such incidents can range from minor to severe, often requiring long-term wound care.
- Hypothermia. Even in warmer months, the water can be cold enough to cause hypothermia. Prolonged exposure can lead to a rapid drop in body temperature, causing confusion, shock, and cardiac arrest.
For those who have sustained such injuries, individuals may wish to document the full scope of harm when considering whether to pursue compensation.
Legal Rights After a Boat or Jet Ski Accident
A watercraft accident may be caused by the negligence of another. Identifying all potentially responsible parties may provide the injured party with a path to seek compensation. These parties may include:
- Watercraft operators. An operator who acts recklessly, fails to follow navigation rules, or operates under the influence of alcohol or drugs can be held liable for the injuries they cause.
- Boat owners. The owner of a vessel can share liability if they negligently entrusted the boat to an inexperienced operator, failed to maintain it in a safe condition, or neglected to provide legally required safety equipment.
- Rental companies. If a company rents a defective watercraft, fails to provide safety instructions, or ignores obvious signs of impairment in the renter, they may be held accountable.
- Manufacturers. If a faulty steering mechanism, a defective throttle, or a poorly designed hull contributed to the crash, the manufacturer may be held liable under product liability laws.
- Third parties. In certain situations, a third party, such as a commercial vessel operator, a marina that improperly maintained a dock, or even another driver on the water, may be held responsible if their actions contributed to the accident.
South Carolina's general statute of limitations allows three years from the date of the accident to file a personal injury claim. However, some cases involving federal maritime law may have shorter timelines, so it is important to be aware of applicable deadlines.
Potential Compensation for Victims
Individuals who have been injured in a watercraft accident due to another's negligence may be able to pursue various forms of compensation, such as:
- Medical expenses. This includes compensation for emergency room visits, ambulance fees, hospital stays, surgeries, physical therapy, diagnostic imaging, and any future medical care anticipated to be necessary for the injury.
- Lost income and lost earning capacity. Victims may be able to recover income lost during their recovery. In cases where the injury prevents them from returning to their previous job or career, they may also seek compensation for the diminished future earning capacity.
- Pain and suffering. These non-economic damages account for the physical pain, emotional distress, mental anguish, and overall diminished quality of life resulting from the accident.
- Property damage. Individuals can seek reimbursement for the cost of repairing their watercraft, or its fair market value if the watercraft was destroyed.
- Wrongful death damages. When a fatality occurs, surviving family members may be able to pursue compensation for funeral and burial expenses, loss of the deceased's financial support, and loss of companionship and guidance.
An attorney may be able to help document all damages and navigate the available avenues for recovery.
What to Do After a Watercraft Accident
Taking certain steps after a watercraft accident can help protect an individual's health and legal rights. While there is no single prescribed order for these actions, victims should try to:
- Seek medical attention. Obtaining a prompt medical evaluation is important, even if injuries seem minor. A medical record also creates a direct link between the accident and the injuries.
- Report the accident. In South Carolina, a boating accident must be reported to the South Carolina Department of Natural Resources (SCDNR) when it involves a death, a disappearance, an injury requiring medical treatment beyond first aid, or property damage totaling $2,000 or more, or a complete loss of a vessel.
- Document the scene. Collecting contact information from witnesses and taking photos of the vessels involved and injuries sustained can be valuable evidence.
- Avoid giving recorded statements. Insurance adjusters may contact the injured party soon after the accident, and any statements made to them can later be used against the victim.
Taking steps to preserve evidence, manage communications, and be aware of deadlines can be important after an accident.
Understanding Legal Options After a Boat Accident
Recovering from a serious watercraft accident is a difficult process. Individuals affected by a watercraft accident in North Myrtle Beach may need to address several legal and practical considerations, such as:
- Conducting an independent investigation
- Identifying all potentially liable parties
- Calculating the extent of damages
- Negotiating with insurance companies
- Preparing for litigation
Individuals and families who have sustained injuries in a watercraft accident in North Myrtle Beach may wish to contact an attorney to learn about the legal process and the options available to them.
