Can Passengers File Injury Claims After a Boat Crash?

South Carolina’s Atlantic shoreline stretches 187 miles, including several destinations that offer prime spots for recreational boating. Several state parks in The Palmetto State offer boat rental services, allowing individuals to partake in fishing, water skiing, or simply cruising on the open water. While boating can be a pleasurable experience, it does come with inherent risks.

If you were a passenger in a boating accident, you may be able to seek compensation for your injuries. At The Law Offices of L. Morgan Martin, P.A., our Conway, SC, boat accident lawyers are dedicated to helping you recoup your losses following a boating accident. In this blog, we discuss what steps you should take as a boat passenger to persevere in your injury claim.

Seek Medical Attention Immediately

In the aftermath of a boating accident, your first step should be seeking medical attention. Boating accidents can result in severe injuries, including traumatic brain injuries, spinal cord injuries, and bone fractures. Although these injuries may not be apparent right away, symptoms can appear in the hours or days following the incident. By seeking medical care immediately, you preserve your right to file an injury claim.

If your injuries are minor, you should still be seen by a medical professional. If you choose to schedule an appointment with your primary care doctor, be sure to be evaluated within three days of the accident. By choosing to wait, you risk having insurance deny your claim based on the notion that your injuries are related to something else.

Determine Liability

South Carolina requires boat operators and owners to adhere to federal and state regulations and laws. Under maritime law, vessel operators are responsible for maintaining safe conditions for their passengers. The law holds vessel operators accountable for remedying any known defects or issues. If a boat operator breaches this duty of care, they may be found negligent if they cause injuries resulting in financial loss for the injured party.

Causation can be divided into two types, actual and proximate cause. Actual cause exists if a person sets into motion the chain of events that causes another person harm. Typically, the “but for” test is used to determine if actual cause applies. This test asks if the injured party would have suffered the same harm if the defendant (boat operator) had not acted in the way they did. In contrast, proximate cause examines if the plaintiff’s harm was foreseeable given the defendant’s actions. Both types of harm must be present to establish negligence in a personal injury case.

According to 46 U.S.C. §30103, a person can take legal action against a “master, mate, engineer, or pilot of a vessel” and recover damages if the vessel operator is found negligent or displays willful misconduct by failing to comply with maritime law. This failure to comply may be the result of negligence or outright refusal to obey the law. Recovering damages requires that you gather the necessary information to prove the boat operator’s failure to comply with the law.

Evidence in a boating accident claim may include pictures of any boat defects, videos of the damaged vessel, or eyewitness testimony. Given that there may be multiple reasons that a ship or boat is unsafe, you will want experienced counsel to investigate and uncover the cause of your injuries. Proving what actions or inactions point to a boat operator’s liability will give you the greatest likelihood of recovering maximum compensation.

Recover Damages

Damages in a boating accident are divided into two main categories, economic and non-economic damages. Economic damages are any accident-related losses that take money directly out of your pocketbook. These often include:

• Lost earnings
• Medical transport services
• Hospitalizations
• Surgeries and procedures
• Rehabilitative therapies
• Mobility aids and prostheses
• Home modifications

In contrast, non-economic damages are non-financial losses that impact your quality of life. In a boating accident, these may include:

• Pain and suffering
• Inconvenience
• Infliction of emotional distress
• Loss of consortium
• Damage to reputation
• Permanent disability
• Scarring and/or disfigurement

Knowing what damages apply to your situation is never simple, which is why you should seek the services of a Conway, SC, boat accident attorney. Keep all documentation after your accident, including pay stubs, medical invoices, and receipts related to any modifications you make to your home to accommodate your condition. This information will be needed to demonstrate the extent of your losses. Be mindful that the more evidence that is available, the longer it may take to resolve your claim.

Contact a Conway, SC, Boat Accident Attorney Today

Boating accidents can result in catastrophic injuries, leading to lifelong disability. Understanding your legal options is key to securing the full worth of your bodily injury claim. For over 30 years, the legal team at The Law Offices of L. Morgan Martin, P.A., has provided skilled and steadfast representation to injury victims. If you or a loved one has recently been injured on a boating excursion, our Conway, SC, boat accident lawyers are ready to assist you. To arrange your meeting with an attorney, contact us online or give us a call at (843) 248-3177.