One wrong decision or unexpected mistake can turn boating in Asheville from a fun experience into a dangerous one. Every year, over a hundred individuals are hurt in North Carolina in boating accidents, and more than a few die from their unfortunate injuries.
Auger & Auger wants to help boating injury victims recover from the financial consequences of their accident. We can provide a boating accident lawyer in Asheville to represent your case and help you fight for the maximum amount of compensation available.
Speak to an Asheville attorney experienced with boating accident cases and injury law during a free, no-obligation appointment. You’ll find out your legal options for pursuing compensation from all at-fault parties. You’ll also learn the best next steps you can take to start building a strong claim.
Call (828) 222-7649 or contact us online to schedule your 100% free case review now.
North Carolina is a premier destination for boating both on the ocean and in freshwater. According to the annual Boating Accidents and Fatalities Report issued by the NC Wildlife Resources Commission, there are 157,345 registered vessels in the state.
The report also reveals that boating accidents are, fortunately, somewhat rare in North Carolina. In 2018, the most recent year that statistics are available, there were 192 boating accidents in the state, total. 30 were fatal. 22 accidents across the state involved alcohol use.
In Buncombe County, where Asheville is located, boating accidents are even rarer than the state average might imply. Just two accidents occurred in Buncombe in 2018, although both were, tragically, fatal.
Despite the fact that the number of fatal boating accidents in North Carolina in 2018 seems relatively low, they are rising at a disturbing pace. The mentioned report for 2018 documented, “deadliest year for boating accidents in the state in nearly 30 years,” according to Asheville’s Citizen-Times newspaper. 2018’s boat accident fatalities nearly tripled compared to 2017. The overall number of accidents also rocketed up to 64%.
Many fatalities were related to not using the recommended personal flotation device (PFD), otherwise known as a life vest.
The French Broad River is a popular area for both powered boating vessels and unpowered ones, like kayaks and stand-up paddleboards. White water rafting is especially enjoyable in the western North Carolina mountains, making the Nantahala River, the Green River, the Pigeon River, and the Tuckasegee River all common attractions for thrill-seekers.
There are also many lakes in and around the Asheville area. Lake Glenville, 65 miles southwest of Asheville, offers pristine waters for fishing, water skiing, and just enjoying a day on the water. Lake James State Park and Lake Santeetlah are also popular destinations.
When a boating accident has been caused by the negligence of someone else, the injury victim is entitled to compensation for all of their related losses. These losses are called “damages.”
Common damages include:
Some cases may involve additional damages. When a boating accident victim is permanently disabled, disfigured, or has suffered an amputation, then they may be able to seek compensation for their diminished quality of life. When a boating accident leads to death, the surviving family members can file a wrongful death claim seeking repayment for funeral and burial expenses as well as the loss of a loved one’s comfort.
The person who is held responsible — or liable — for the costs of an Asheville boating accident depends upon whose negligence contributed to the accident’s cause.
In some cases, the operator of another vessel will have caused the accident. When a motorboat operator is speeding, ignoring hazardous conditions, or heavily under the influence of alcohol, they can collide with another vessel and cause major injuries.
Many times, the person at-fault for the accident is the operator of the boat himself/herself. Careless actions or unreasonable mistakes can lead to major injuries or even deaths, and victims have a right to try and recoup the tremendous costs.
If the accident was related to a service provided by a boat charter company, rental company, or “adventure” company, then the company itself may be held liable for the damages.
In most cases, the injury claim is filed with an insurer rather than against the person who actually caused the accident. These cases are ideally settled through a reasonable out-of-court agreement. However, if no reasonable settlement agreement can be reached, then injury victims have the right to take their case to court and argue it in front of a jury.
After you have been hurt in a boating accident, you may be scared, confused, and unaware of your available options. Talking with an experienced boating accident lawyer in Asheville can bring you the clarity you seek. You will learn about your legal options and what legal strategies have been successful in past cases similar to yours.
Talk to an experienced Asheville boating accident attorney for free during an initial case review when you call (828) 222-7649 or contact us online to schedule your free appointment today.