Charlotte Boating Accident Lawyer

Charlotte Boating Accident Attorney

Watercraft collisions can result in catastrophic injuries even at lower speeds. Passengers may be thrown from boats into the water or struck by equipment. Some accidents expose individuals to boat propellers. A Charlotte boating accident lawyer can look at the facts of the accident and determine who may be responsible. 

Boating accidents near Charlotte happen on Lake Norman, Mountain Island Lake, Lake Wylie, or other bodies of water commonly used for fishing or recreation. 

Why Choose Ayers, Ayers & Dressler?

If you have been injured in an accident that was not your fault, you deserve compensation. At Ayers, Ayers & Dressler, our attorneys serve injured individuals throughout North Carolina. We understand an accident can force you to juggle medical care, lost wages, and complex insurance matters simultaneously.

We can guide you through the legal and administrative proceedings while seeking full recovery as outlined by North Carolina legislation. Our attorneys have extensive experience handling injury cases and have been recognized by our peers for the quality of our work.

Where Boating Accidents Can Occur

Charlotte surrounds several recreational waterways. Lake Norman lies north of Charlotte along the I-77 corridor. It is North Carolina’s largest man-made body of fresh water. Mountain Island Lake is closer to Charlotte, while Lake Wylie runs along the North Carolina-South Carolina border southwest of Charlotte.

Weekends and holidays during the summer can be busy on these waterways. Large boats, personal watercraft, fishing vessels, kayaks, and individuals swimming or participating in water sports may occupy the same area at once. Typical boating accidents include:

• Collisions between two boats
• A boat crashing into a dock or pier
• Passengers falling overboard
• Accidents while water skiing or tubing
• Equipment failures causing explosions or fires

There were 142 reported recreational boating incidents in North Carolina in 2024. In addition to recorded property damage of almost $1.73 million, such accidents resulted in 13 fatalities and 77 injuries.

North Carolina Boating Accident Laws

Chapter 75A of the North Carolina General Statutes outlines many of the state’s boating accident laws. These laws govern how boats are operated, the rules for personal watercraft, what’s required for boating education, navigation guidelines, how accidents must be reported, and operating a vessel while impaired. 

North Carolina General Statute § 75A-10 is another important law to be aware of. It prohibits the operation of a motorboat or vessel in a reckless manner that endangers the life or property of another person. Likewise, it prohibits operating a vessel while under the influence of alcohol or an impairing substance. A person cannot operate a vessel while underway with a measurable alcohol concentration of 0.08 percent or higher.

Violating one of North Carolina’s boating safety laws can serve as important evidence regarding how an accident occurred. Liability for an injury claim depends on the events leading to the collision, not simply the fact that an accident occurred.

Understanding Negligent Boating Operations

Just as motorists have a duty to drive responsibly, boat operators have responsibilities to others on the water. Every boat operator has a duty to take any necessary action to avoid a boating accident. Negligent actions can include:

• Boating too fast
• Failing to keep proper lookout
• Failing to observe markers
• Boating while intoxicated
• Not avoiding crowded waterways
• Performing dangerous tricks on the water, especially in crowded spaces

A boat may not need to collide with a swimmer or another vessel to cause injuries. A wake, the path of disturbed water left behind a boat’s hull, can also cause accidents. A boat’s wake can easily eject occupants from their seats, flip smaller boats, or hit people standing on a dock. Determining negligence can require analysis of available evidence of the accident and what happened leading up to it.

Charlotte Personal Watercraft Rules

Jet skis and personal watercraft aren’t exempt from these rules. Under NC Gen. Stat. § 75A-13.3, North Carolina prohibits the operation of personal watercraft between sunset and sunrise. Certain vessels also require that personal watercraft observe no-wake restrictions. In general, operators may not travel above no-wake speed within 100 feet of:

• Anchored vessels 
• Moored vessels
• Piers
• Marked swimming areas
• Swimmers
• Surfers
• Paddles
• Sails 
• Docks 

Distance requirements vary in narrow channels. These laws mainly apply to busy waterways where operators frequently use personal watercraft near docks, swimmers, fishing boats, and other recreational vessels. 

Boating Under the Influence

Alcohol can play a significant role in a boating accident claim. A person may not operate a vessel while underway if that person is impaired by alcohol or drugs, or after consuming sufficient alcohol that a person has an alcohol concentration of 0.08 percent or more. Evidence in an impaired boating accident injury case can include:

• Observations by law enforcement
• Chemical test results
• Witness statements
• Photographs
• Video evidence
• Confessions or other statements given after the crash

North Carolina also has criminal statutes that address causing death or serious injury while impaired while operating a vessel. However, a criminal proceeding and civil boating accident claim are separate actions. A civil claim, unlike a criminal prosecution, focuses on assigning fault and providing compensation for the injured party, rather than on punishment.

What to Do After a Charlotte Boating Accident?

The first priority after a boating accident in Charlotte should always be treating injuries and protecting people from further harm. Some injuries like concussions, internal bleeding, and neck or back injuries may not be apparent immediately after an accident.

North Carolina statutes also provide specific duties that apply after boating accidents. Should a vessel be involved in a collision, accident, or casualty, North Carolina Statute § 75A-11 mandates that the operator stop and provide reasonable and necessary assistance with equipment and personnel to those affected, as long as it doesn’t seriously endanger the vessel’s crew, passengers, or the vessel itself. They are also required to provide identifying information. 

The law requires that boaters report accidents that result in death and that they report any missing persons as a result of the accident. They must also report accidents where an injury requires medical treatment, unconsciousness, or physical trauma that lasts for 24 hours or more, or property damage is in excess of $2,000. 

After an accident, hire a boating accident lawyer to help you file a claim. A Charlotte boating accident attorney knows how to identify applicable insurance coverage, collect medical records and proof of wage losses, calculate damages, and deal with insurance companies regarding issues of fault or inadequate compensation.

Liability in a Charlotte Boating Accident

Fault does not always lie exclusively with the boat driver. There may be multiple factors that contribute to an accident, and multiple parties may bear some responsibility. Although another party was driving the vessel, a boat owner may also hold some responsibility, especially if they were negligent in boating maintenance or allowed an individual to operate a boat who they knew was reckless and/or irresponsible. 

It may also be relevant to determine whether a business rented the vessel to someone who caused an accident. The rental company may be responsible for properly maintaining the vessel or making sure that safe equipment is on board. Who was allowed to drive the boat and whether any mechanical failures contributed to the accident are just some of the questions that may need to be answered.

FAQs About Charlotte, NC Boating Accident Laws

What Is Not a Legal Reason to Report a Boating Accident in Charlotte?

One legal reason where reporting a boating accident in Charlotte may not be necessary is when there is minor property damage. Although any accident may eventually lead to legal claims or cause personal injury, accidents must meet certain state and federal guidelines to require official reporting, including accidents that result in death or significant injury. 

Is a Boat Totaled if It Sinks in Charlotte?

A boat may be totaled if it sinks in Charlotte. If the damage from sinking causes a boat to be totaled, it means that the cost to repair and recover the sunken vessel would exceed the insured value or actual value of the boat, depending on the terms of the insurance policy. Sometimes sunken boats can be salvaged and repaired after they sink. 

What Evidence Should I Gather After a Boating Accident?

If it is safe to do so, take pictures or video of damage to all vessels involved in a boating accident, any injuries suffered by passengers or operators, weather conditions, water conditions, nearby landmarks, and anything else related to the accident scene. Get the names and contacts for other operators, passengers, and witnesses if possible.

Can a Passenger Cause a Boating Accident?

Yes, a passenger can cause a boating accident. While most investigations into boat accidents focus on the operator, there are some scenarios where a passenger can be at least partially to blame. A passenger may distract the operator, improperly load a vessel such that weight is distributed dangerously, or otherwise fail to follow critical safety instructions. Liability is determined based on each individual’s actions and the reasons for the accident. 

Hire a Boating Accident Lawyer Today

At Ayers, Ayers & Dressler, we understand how serious boating accidents in Charlotte can be. We can help you seek damages if you were injured or suffered other losses due to another party’s negligence in a boating accident. Contact us today and schedule a free consultation.