[Transcript]
Hi, my name is Kenneth Berger. I'm an attorney here in Myrtle Beach. We handle cases across South Carolina, and I made this video to talk to y'all about boating accidents. We've handled boating accidents from the Grand Strand area all the way up to around Clemson, and Anderson and the Columbia region, Orangeburg, we're very familiar with these cases. I love being out on the boat; I love doing things out on the boat. I also recognize that boats can be dangerous, not usually because of anything that I'm doing, but because of other folks who are out there operating boats, a lot of times, unfortunately, after they've been drinking. There are a couple different types of boating accidents, the first one involves what I call recreational activities. This is when things go wrong on fishing boats, speed boats, jet skis; we've also had cases where people have been on kayaks and had other boaters come through and cause them harm. And if you're watching this video, you know that harm can be catastrophic, that harm can maim people, that harm can take lives. Another type of boating accident is when we deal with commercial boats, that's when we're dealing with cruises, might be river boats, if you're down around Myrtle Beach we know that there are casino boats that go out and come back, and things can go wrong there, too. Its supposed to be a great time, usually it is, but in the event that something goes wrong, there are legal remedies, there are ways to hold the wrongdoers accountable. What we don't want to have happen is that someone isn't held accountable, that they're allowed to get away with it, be it somebody who is boating under the influence, be it a commercial vessel that was improperly maintained or had a dangerous condition. We want to make sure that they're held accountable so that they don't go out and cause harm to someone else. At the end of the day, my job is to make sure that your rights are protected and that justice, in its fullest form, is achieved on your behalf. So, if you have any questions about a boating accident, contact us. You can do so with the live chat feature right here on the website, you can email us, you can call us. Whichever manner you choose, know that we look forward to hearing from you, helping you answer questions, and being of service.
Filing a Negligence Suit For a Boating Accident in South Carolina
To get fair compensation after a boating accident, you may have to file a lawsuit. The hope is that an insurance company will always settle your case without litigation, but that isn’t always the case. We must prove the at-fault boat operator was negligent in a legal setting. The basis of any negligence lawsuit is that the accused person did not act reasonably and that their action (or inaction) caused an accident that resulted in damage or injury. An example of negligence might be when someone does not follow accepted boating laws or practices, such as:
- Failure to maintain a lookout for hazards or other dangerous conditions that could result in an accident
- Failure to yield right-of-way according to maritime rules
- Failure to possess or maintain adequate safety equipment or flotation devices
- Failure to obey no-wake zones and idle-speed-only rules
- Operating recklessly and without regard to safety, including boating under the influence of drugs or alcohol
Recoverable Damages After a Boating Accident
Boating accidents around Columbia, Charleston, the Upstate, and elsewhere often result in catastrophic injuries. The legal term for any type of harm or loss resulting from someone else’s wrongdoing is “damages,” and in South Carolina, you can seek compensation to cover all those losses, which may include:
- Property damage
- Medical bills
- Lost wages
- Diminished earning capacity
- Lost enjoyment of life
- Pain and suffering
- Punitive damages (if the at-fault driver was reckless/boating under the influence)
Speak with a Columbia Boating Accident Lawyer to Protect Your Rights
The number one tip for protecting your legal rights after this type of accident is to contact an experienced South Carolina boating accident lawyer – even for a free consultation. Don’t state insurance companies or speak to adjusters until you’ve consulted an attorney. Remember, insurance companies are not in the business of paying out claims, and if they can spin your words to reduce the amount of your claim, they will.
Dealing with boating injury claims and insurance companies is a skill only developed through experience. When you’ve been in an accident on the water, you need to find a personal injury attorney that you can trust to properly apply the law and level the playing field against the insurance companies.
At the Law Office of Kenneth Berger, we have the experienced team you need. We are ready to protect your legal rights while treating you as a member of our own family. With offices in Columbia, SC, and Myrtle Beach, SC, we can represent people across our state who have been hurt on the water through no fault of their own. Call us today at 803-790-2800 to receive a free consultation, or use our live chat box, and our legal team will reach out and begin answering your questions.