Boating and jet skiing are popular recreational activities for many people in North and South Carolina. Unfortunately, they are also potentially dangerous. According to the U.S. Coast Guard's 2024 Recreational Boating Statistics, North Carolina reported 142 recreational boating incidents in 2024, and South Carolina reported 154. If you have been injured in a boating accident, you may feel shocked, overwhelmed, and uncertain about what to do next. [1]
Here, Stewart Law Offices discusses the steps you can take after a boating accident to protect your rights and lay a solid foundation to pursue compensation for your injury.
Stop at the Scene and Offer Assistance
Your priority after any accident, including a boating or jet ski accident, is to get yourself and others to safety. The aftermath of a boating accident can be dangerous due to the risk of drowning and the unpredictability of the water.
If you, any of your passengers, or any occupants of other affected vessels are severely wounded or in danger, do what you can to help them. Call emergency services for anyone in need if possible. You may be able to use the ship radio, your personal cellphone, or emergency flares. If the boat is leaking, try to reach the nearest safe location.
Do not jump into the water to help someone overboard unless their life is in immediate danger and you have no other option. Instead, use a rope, life ring, or other flotation device to pull them to safety. If you must enter the water, put on a life jacket first. Once all passengers are accounted for, consider dropping anchor to stabilize the vessel and prevent further drift or collision.
Gather as Much Evidence as Possible
Once you are certain that no one is in imminent danger, you should begin gathering evidence related to the accident, such as:
- The names and contact details of each boat operator and passenger involved in the boating accident
- The names and contact details of any witnesses who saw the accident occur
- The registration or identification number of other vessels involved in the wreck
- Photos or video footage of any physical damage caused by the accident
- Photos or video footage of the accident scene and the relative positions of each of the vessels involved
- Insurance policy details from any operators or vessels involved in the crash
- Your own written recollection of how the boating accident occurred
- Weather and water conditions at the time of the accident
- Time and exact location of the incident (GPS coordinates if available)
- Any visible indicators of alcohol or drug use by other operators
- Equipment failures or mechanical issues that may have contributed
- Speed and direction of all vessels involved
Report the Accident to the Authorities
Federal and state law require certain boating accidents to be reported to the appropriate state reporting authority, typically the boating agency for the state where the vessel is numbered or principally used. In North Carolina and South Carolina, that usually means reporting to the state boating agency rather than reporting directly to the U.S. Coast Guard. [2]
Under South Carolina law, a reportable boating accident generally includes a death, an injury requiring medical treatment, a loss of consciousness, a disability extending beyond the day of the casualty, a person carried from the scene, or property damage meeting the federal reportable threshold. [3][4]
- The death or disappearance of a person from a vessel under circumstances indicating death or injury
- Injury requiring medical treatment beyond first aid or another reportable injury recognized by South Carolina law
- Property damage of $2,000 or more, or the complete loss of a vessel [2][3][4]
Reporting deadlines in South Carolina:
- Immediate notification to SCDNR if the accident results in death, loss of consciousness, or serious bodily injury
- A written report within 48 hours of the accident in reportable cases [3]
- South Carolina does not use a general 10-day reporting deadline for reportable boating accidents. [3]
How to report in South Carolina:
- Contact SCDNR and complete the required boating accident report
- Provide: date, time, location, vessel information, names of those involved, and description of the accident
- Forms and instructions are available on the SCDNR website
Under North Carolina law, a written boating accident report is generally required if the accident results in death, disappearance, injury requiring medical treatment beyond first aid, or property damage over $2,000. [5]
- The death or disappearance of a person from a vessel
- Injury requiring medical treatment beyond first aid
- Property damage exceeding $2,000 (to vessel or other property)
The official North Carolina guidance cited here focuses on death, disappearance, injury beyond first aid, and property damage over $2,000. [5]
Reporting deadlines in North Carolina:
- Immediate notification to the North Carolina Wildlife Resources Commission by the quickest means available if the accident involves a death or disappearance [5]
- 48 hours for written reports involving death, disappearance, or injury requiring medical treatment beyond first aid [5]
- 10 days for written reports involving property damage over $2,000 [5]
How to report in North Carolina:
- Use the form provided by the North Carolina Wildlife Resources Commission to submit the required written report
- Phone-specific instruction: use current NCWRC reporting materials. [5]
- Include the basic accident details required by the form, including the date, time, exact location, vessel information, and owner or operator information. [5]
Remember: If the operator cannot give the immediate notice required in North Carolina, each person on board must notify the Commission or determine that the notice has been given. If the operator cannot submit the written report, the owner must submit it. [5]
Do not assume there is always a 10-day deadline. In South Carolina, reportable accidents must generally be reported within 48 hours, while North Carolina uses 48 hours for death, disappearance, and injury cases and 10 days for qualifying property-damage cases. [3][5]
Notify the Insurance Company
If you own or operate one of the vessels involved in the boating accident, you should also notify your boat insurance company about the accident. Even if you were not at fault for the accident, most insurance companies require you to report all accidents as part of the terms of your policy. If you fail to notify the insurance company, it could impact your ability to seek compensation down the line.
However, be very careful about what you say to insurance adjusters, even your own insurer. Do not give a recorded statement without speaking to an attorney first. Insurers are trained to ask questions in ways that can minimize your claim or shift blame onto you. Let your attorney handle communications once you have retained one.
Understand Who May Be Liable for Your Injuries
Boating accident liability is not always straightforward. Depending on the circumstances, multiple parties could be held responsible for your injuries, including:
- The operator of the other vessel — for negligence such as speeding, inattention, operating under the influence of alcohol or drugs, or violating navigation rules
- A boat rental or charter company — if they failed to properly maintain the vessel, provided inadequate safety equipment, or rented to an unqualified operator
- A boat manufacturer — if a defective component, such as faulty steering, engine failure, or a defective kill switch, contributed to the accident
- A marina or dock owner — if a hazardous condition on their property contributed to the accident
- A jet ski rental company — if the rental operator failed to provide safety instructions or rented to someone without the required safety certification
In South Carolina, individuals born after July 1, 2007, are required by law to complete an SCDNR-approved boating safety course before operating a boat, personal watercraft, or specialty propcraft powered by 10 hp or more. One statutory exception applies to certain renters who possess a valid rental safety certificate. [6]
Identifying all responsible parties is critical because it directly impacts the compensation available to you.
Contact a Boating Accident Lawyer
A knowledgeable boating accident lawyer will know the specific boating laws and regulations in your area. Depending on the circumstances, they can help you by seeking compensation through your own boat insurance policy, another party’s boating insurance policy, or a personal injury lawsuit.
How Stewart Law Offices Can Help
If you were injured in a boating or jet ski accident, the attorneys of Stewart Law Offices can conduct an independent investigation to identify liable parties and uncover valuable evidence. We are prepared to use our considerable resources and knowledge to try to fight for maximum compensation. Contact us today to learn more about how we can help in a free initial consultation session.
Authorities Checked
- [1] U.S. Coast Guard, Recreational Boating Statistics 2024.
- [2] 33 C.F.R. §§ 173.55, 173.59.
- [3] S.C. Code Ann. § 50-21-130(C).
- [4] S.C. Code Ann. § 50-21-121(21).
- [5] North Carolina Wildlife Resources Commission, Vessel Operator's Guide, pp. 15-16.
- [6] South Carolina Department of Natural Resources, Boater Education.