7 Frequently Asked Questions About Boating Accidents in North Carolina

It’s warming up outside. In North Carolina, it seems we’ve just skipped spring and went to summer. With that being said, when the heat goes up, so does the numbers of boats, jet skis and ultimately people who are around the waterways of North Carolina. So today on the blog, we’ll share 7 frequently asked questions when it comes to boating accidents in North Carolina.

  1. If I’m involved in a boat accident, what should I do?
    If anyone is seriously injured, seek medical attention immediately. After assessing the situation, decide if you need to call your insurance company due to injury or extensive property damage.
  2. Under what circumstances do I need to file a boating accident report and is there a time frame in which I have to file the report?
    From the 2007 US Coast Guard Recreational Boating Statistics Report:Under federal regulations (33 CFR Part 173; Subpart C – Casualty and Accident Reporting) the operator of any numbered vessel that was not required to be inspected or a vessel that was used for recreational purposes is required to file a Boating Accident Report (BAR) when, as a result of an occurrence that involves the vessel or its equipment:

    • A person dies; or
    • A person disappears from the vessel under circumstances that indicate death or injury; or
    • A person is injured and requires medical treatment beyond first aid; or
    • Damage to vessels and other property totals $2,000 or more; or
    • There is a complete loss of any vessel.If the above conditions are met, the federal regulations state that the operator or owner must report their accident to a reporting authority. The reporting authority can be either in the state where the accident occurred, the state in which the vessel was numbered, or, if the vessel does not have a number, the state where the vessel was principally used. The owner must submit the report if the operator is deceased or unable to make the report.The regulations also state the acceptable length of time in which the accident report must be submitted to the reporting authority. Vessel operators or owners must submit:
    • Accident reports within 48 hours of an occurrence if:
    • A person dies within 24 hours of the occurrence; or
    • A person requires medical treatment beyond first aid; or
    • A person disappears from the vessel.Accident reports within 10 days of an occurrence if there is damage to the vessel / property only.The minimum reporting requirements are set by Federal regulation, but states are allowed to have stricter requirements. For example, some states have a lower threshold for reporting damage to vessels and other property.
  3. Is Carbon Monoxide a risk with boating?
    Yes. Engines, gas generators, cooking ranges, space heaters, and water heaters are all sources of carbon monoxide. If there is little to no ventilation the colorless, odorless, and tasteless gas may cause death. Early symptoms include irritated eyes, headache, nausea, weakness, and dizziness. Many times it is mistaken for seasickness.
  4. What are common boating accident contributing factors?
    Operator inattention, careless / reckless operation, passenger / skier behavior, excessive speed, and alcohol involvement are the top five situations that lead to a boating accident.
  5. Are there safety measures that I can take to prevent an accident?

    • Wear a life jacket and make sure everyone on the vessel has one available to them
    • Don’t drink alcohol or be under the influence of drugs while boating
    • Seek out boating safety classes in your area
    • Regularly check your safety equipment to make sure it is properly functioning
    • Be alert to the possibility of carbon monoxide poisoning
      Be aware of others on or around the waterway while operating your boat
  6. Is there a type of boat that is involved in casualty more frequently?
    Yes. Open motorboats and personal water crafts (jet skis) are involved more frequently than any other type of boat.
  7. How common are boating accident fatalities?
    In 2007, more than 650 deaths occurred in the US due to boating accidents.

*Jet Ski photo courtesy of leo! via Flickr Creative Commons.

About the Author

Hardison & Cochran was established based on the conviction that a modern approach was essential in today’s legal landscape. Focused on delivering exceptional results through a skilled team, the firm prioritizes personal attention, integrity, and client needs. Each attorney, paralegal, and staff member is dedicated to this vision. Over three decades, with Ben Cochran overseeing daily operations, the firm has evolved into a highly respected practice.