Fatal Boating Accidents and Wrongful Death Claims

The Law Office of Steven M. Krause, P.A. Named in 2024 Best Law Firms®
November 28, 2023
Show all
people on speedboat

Losing a loved one in a fatal boating accident is incredibly difficult and can leave you feeling lost on what to do next. The harsh reality is that fatal boating accidents are not uncommon since many boating accidents occur every year.

If you have lost a loved one in a boating accident, you may be entitled to receive damages.

Contact the Law Office of Steven M. Krause, P.A. to speak to an experienced wrongful death attorney in Anderson, South Carolina.

What Causes Boating Accident Fatalities?

Boating can be quite dangerous, especially if operators lack experience in controlling their vessels or passengers don’t heed warnings or stay cautious of potential dangers. Such behavior commonly causes fatal boating accidents.

Fatalities can happen from boating accidents such as collisions, grounding, and sinking.

Someone on the boat may also fall overboard. They can sustain a fatal head injury, wound or serious internal injury from being jolted and striking the boat surfaces.

A report from the US Coast Guard shows that the most common causes of fatal boating accidents usually come down to:

  • Alcohol use
  • Excessive speeding
  • Improper lookout
  • Distracted operators
  • Inexperienced operators

How is Liability Determined for the Cause of a Fatal Accident?

Proving who is liable in a fatal boating accident is a vital step when filing a wrongful death claim.

If the boating accident was caused by the negligence of the other boat operator, or of the operator whose boat the victim was riding in, they could be identified as the defendant of the case.

Like any kind of accident, you need to have plenty of evidence that proves a boat operator was negligent, which caused the fatality. This could include resources such as:

  • Witness statements
  • Video recordings
  • Pictures
  • The USCG/SCDNR accident report

What You Need to Know About Wrongful Death Claims

Many people are unfamiliar with how wrongful death claims work when it comes to boating accident fatalities. A wrongful death claim helps you receive damages if your loved one was the victim of a boating fatality. These damages can help you pay for things such as funeral services, medical expenses, and property damage.

Wrongful death claims can also help you seek compensation for things like loss of income if you were dependent on your loved one working. It can also help you cover the loss of consortium, which can help you adapt to the hardship of living without your spouse.

Keep in mind that South Carolina law requires surviving loved ones to pursue a wrongful death claim within three years in most cases of the occurrence. The wrongful death claim initiated by an estate usually divides proceeds to the surviving spouse and children, but these damages could also go to the victim’s parents or their heirs if there is no spouse or child.

Hire a Recreational Boating Accident Attorney Today

If you have lost a loved one in a fatal boating accident in South Carolina, you should pursue a wrongful death claim to receive damages for this loss. Doing so can help you cover the financial repercussions of the accident as well as help you adapt after this tragedy.

The Law Office of Steven M. Krause, P.A. represents loved ones who want to file a wrongful death claim after a boating fatality. For representation from an experienced injury attorney, contact Mr. Krause by calling 864-225-4000 or using our online contact form.

Badges

We help people like you every day.