Seek Restitution and Justice for Your Loved One With the Help of a South Carolina Boating Accident Attorney
Picture the sun dipping below the horizon on Lake Marion, casting a golden glow across the water. From Lake Jocassee to the bustling Charleston Harbor, boating is a popular activity in South Carolina. Sadly, these idyllic scenes can quickly turn tragic with a fatal boating accident. Those left behind grieving the loss of their loved ones often have questions about what they can and should do next.
As experienced South Carolina wrongful death attorneys, the team at Pracht Injury Lawyers has walked alongside many grieving families, guiding them through their legal options. In the wake of such unimaginable loss, fair compensation can alleviate financial pressure and open the path to closure.
How Boating Accident Deaths Can Happen
With nearly half a million acres of lakes, plus thousands of miles of rivers and coastline, South Carolina offers boundless opportunities for pleasure boating, fishing, and other water-based recreation. However, as the popularity of boating increases, so does the risk of potential accidents.
According to the U.S. Coast Guard, South Carolina had 156 boating accidents in 2023 resulting in 24 deaths. Many of these deaths are due to drowning, especially in cases where the person wasn’t wearing a life jacket. From speedboats to cabin cruisers and jet skis, powerboats are generally involved in more boating-related accidents than sailboats, kayaks, or canoes.
Some of the most common causes of boating accident deaths in South Carolina include:
- Falling overboard and drowning
- Intoxicated or drunk operation of the boat
- Collisions with other watercraft or fixed objects
- Recklessness of other boaters on the water
- Accidents with propellers and other moving parts
- Capsizing or sinking due to damage, poor maintenance, or inclement weather
- Hazardous water conditions
- Equipment, hull, or machinery failure
- Fires and explosions
- Sinking, flooding, or swamping
- Accidents caused by driver error, distraction, or inexperience
Collisions are the reason for the majority of boating accidents, but drowning from falling overboard accounts for the most deaths. A person may fall overboard if the operator performs an unsafe turn while excessively speeding, for example. Blunt force trauma can also result in deadly brain injuries.
Possible Defendants in a Wrongful Death Lawsuit
Not all boating fatalities warrant a wrongful death claim under South Carolina law. It’s important to speak with an experienced personal injury lawyer who can best assess your case. Part of this evaluation involves identifying all possible liable parties.
Just like with commercial truck accidents, the possible defendants in a boating accident's wrongful death claim are numerous. If someone was operating their speedboat dangerously and crashed into your boat, causing your loved one to fall overboard, you may be able to hold them accountable for their reckless and negligent actions.
Other possible defendants, depending on the circumstance of the boat accident, may include:
- The driver of the boat your family member was on
- The boat tour or watercraft rental company
- A third-party maintenance company that failed to maintain proper upkeep of the boat
- The boat or part manufacturer or seller if a faulty or defective component caused the accident
- The owner of the boat if they allowed an inexperienced person to operate the vessel
- A bar or restaurant that overserved alcohol to the negligent boater under South Carolina dram shop laws
- Government entities if they failed to maintain safe waterways and provide adequate warnings of hazards
Steps to Take if Your Loved One Dies in a Boat Accident
It can be difficult to keep a level head when faced with the tragic loss of a loved one. Even so, it’s equally critical to take certain steps to safeguard your legal rights to justice and compensation.
Report the Accident to the Coast Guard
You’re legally obligated to report a boating accident to the Coast Guard within 48 hours if anyone is injured or dies. You must also report the accident if there’s over $2,000 in property damage
Start Collecting Vital Evidence
The key to winning a wrongful death lawsuit is compelling evidence. Gather information about everyone involved in the boating accident, including information about their insurance. Get the contact details for any passengers or eyewitnesses, as well as any relevant photos or videos of the accident. Other evidence may include medical records, pay stubs to support claims for lost wages, and police reports.
Inform the Insurance Company
In cases where this may apply, the boating insurance company for your loved one may require all accidents to be reported within a certain timeframe. Stick to the facts of the incident and don’t discuss fault or provide a recorded statement until you’ve consulted with an attorney.
Hire a Wrongful Death Attorney
At Pracht Injury Lawyers, we understand the delicate balance between having time to grieve and taking action to uphold justice for your loved one. So it’s important to note that wrongful death cases are complex and require the knowledge and insight of an experienced attorney so you have ample time for both processes.
The statute of limitations for wrongful death claims in South Carolina is typically three years. This may sound like a long time, but it’s crucial to start the process as early as possible. This helps to preserve evidence, mitigates the fallibility of human memory, and gives your lawyer more time to prepare your case.
Reasons to File a Civil Claim for Damages
If the boating accident involved another person’s illegal actions, they may face criminal charges. However, a pending criminal case is separate from any civil claims you may make. The verdict from the criminal case might result in jail time and other punishments, but the only path to financial compensation is a wrongful death lawsuit.
No amount of money can ever truly compensate for the lost life of a loved one, but recovering wrongful death damages can help your family in other ways. Dependents can gain financial stability in light of lost future earnings and inheritance. A spouse may be compensated for the significant emotional pain and loss of companionship. Your family can more easily cover major expenses, such as funeral and burial costs, medical bills, and the management of the estate.
Importance of Hiring a Boating Accident Wrongful Death Lawyer
The emotional distress of losing a loved one in a fatal boating accident is overwhelming. Our experienced wrongful death attorneys help guide you through this difficult time and answer any questions you may have. We can explain how wrongful death and survival action cases work, advising you on what legal resources you may have available to you.
At Pracht Injury Lawyers, we have a proven track record of helping clients through difficult times and earning the results they desire. In one case, we represented the family of a drowning victim. In the end, we secured a settlement of over $20 million, including $7 million in punitive damages, the largest personal injury verdict in Horry County history.