If someone is convicted after a drunk boating accident in North Carolina, they may face criminal penalties such as fines, possible jail time, and other consequences depending on the charge and facts of the case. However, a criminal conviction does not make an injured person whole. To seek compensation for medical bills, lost income, pain and suffering, and other losses, victims typically need to pursue a civil personal injury claim. That claim may be resolved through an insurance settlement or, if necessary, a court verdict.
Riddle & Riddle Injury Lawyers is a family-run North Carolina personal injury law firm that has served injured North Carolinians for more than 40 years. Founded in 1985 and led today by father-daughter partners, our firm knows how to make a strong case against an impaired boater.
Give us a call at 800-525-7111 or contact us online to schedule a free consultation with a North Carolina personal injury lawyer today to see how we can help.
Charged vs. Liable: Two Different Cases
When an impaired operator causes a boating accident in North Carolina, they may face more than one type of legal consequence. The operator could be charged with a crime and may also be held financially responsible through a civil personal injury claim. These are two different legal processes.
Being charged means the state has filed criminal charges against the impaired boat operator. A criminal case is intended to punish unlawful conduct and may result in penalties such as fines, possible jail time, and other consequences.
Being liable means the operator is legally responsible for causing the accident and may be required to pay compensation for the victim’s losses.
What Counts as Boating While Impaired Under NC Law
Under North Carolina law, boating while impaired is addressed in N.C.G.S. § 75A-10. A person may violate the law if they operate a vessel on the state’s waters while underway and either have an alcohol concentration of 0.08 or higher at any relevant time after boating, or are under the influence of an impairing substance. This can include alcohol, illegal drugs, prescription medications, or other substances that affect the person’s ability to operate safely.
The law also prohibits using certain watercraft or devices, including water skis, surfboards, nonmotorized vessels, or similar devices, while impaired. Being legally allowed to use a medication or substance is not a defense if it impairs safe operation.
Although boating while impaired and driving while impaired both involve impairment, they are separate offenses. BWI applies on the water, while DWI applies to motor vehicles on roads.
How a Drunk Boating Conviction Can Strengthen a Victim's Claim
A conviction for impaired boating can help strengthen a civil claim after a North Carolina boating accident, but it does not automatically guarantee compensation. Criminal and civil cases are separate, and an injured person still needs to prove that the impaired operator caused the accident and resulting losses.
Evidence of a BWI conviction may support the argument that the operator acted negligently or wrongfully. This can make it harder for the operator or their insurer to dispute fault, especially when the conviction is closely connected to the accident.
In some cases, impaired boating may also support a claim for punitive damages. However, punitive damages are not automatic. Under North Carolina law, the injured person must prove an aggravating factor, such as willful or wanton conduct, by clear and convincing evidence.
Because a BWI conviction can weaken potential defenses, it may also encourage an insurance company to consider a fair settlement.
Compensation Available to Impaired Boating Victims
When an impaired boater is liable for an accident, injured victims may be able to pursue compensation for both financial and non-financial losses. Economic damages may include:
- Medical expenses: These may cover emergency treatment, hospitalization, surgery, medication, rehabilitation, physical therapy, and future medical care.
- Lost wages: These may compensate victims for income they missed while recovering from their injuries.
- Loss of earning capacity: This may be available if the injuries limit the victim’s ability to work or reduce their future income.
- Property damage: This may include damage to boats, personal watercraft, fishing equipment, electronics, or other personal property.
- Out-of-pocket costs: These may cover injury-related expenses, such as transportation to medical appointments or the cost of in-home assistance.
Non-economic damages may include:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent disability or impairment
- Disfigurement and scarring
If an impaired boating accident is fatal, the deceased person’s personal representative may be able to bring a wrongful death claim. Available damages may include medical expenses, reasonable funeral expenses, lost income, lost services, and loss of companionship, guidance, care, and support.
What to Do After an Impaired Boating Accident on Lake Norman or Jordan Lake
You may be able to bring a BWI injury claim in North Carolina after an accident on a local lake, including a Lake Norman boating accident or a Jordan Lake boating accident. After the accident, important steps may include:
- Report the crash to law enforcement: North Carolina law requires the operator of a vessel involved in certain boating accidents to file a report, including those involving death, disappearance, injuries requiring medical treatment, or significant property damage.
- Gather evidence: Evidence can degrade quickly in water, so try to collect witness contact information, photos of the scene, and any other details that may help show what happened.
- Get prompt medical help: Seek care right away to ensure your injuries are identified and treated. Medical records can also help document that your injuries are related to the boating accident.
- Avoid giving statements to insurance companies: Before speaking with an insurer or giving a recorded statement, consider talking with an attorney so you do not accidentally jeopardize your claim.
- Talk with an experienced attorney: Riddle & Riddle Injury Lawyers can help you understand your options, investigate the accident, and begin building a strong claim for compensation.
How Our North Carolina Boat Accident Lawyers Can Help
Riddle & Riddle Injury Lawyers has a long history of representing victims of boat accidents. You should learn about us and see why we are the firm to fight for you. Our attorneys:
- Have on-staff investigators to conduct a thorough investigation of the incident
- Work with accident reconstruction experts and boating safety experts to prove liability
- Anticipate insurer tactics to try to help you avoid lowball offers that reduce your accident compensation
- Have recovered large verdicts and settlements for victims of boating accidents so they can get the justice they deserve
Talk to a North Carolina Boat Accident Lawyer Today
Riddle & Riddle Injury Lawyers has been trusted by accident victims for over four decades. Our North Carolina personal injury lawyers understand how overwhelming the aftermath of a boating accident can be, especially when impairment may have played a role. We can review what happened, explain your legal options, and help you take the next steps toward pursuing compensation.
Give us a call at 800-525-7111 or contact us online to schedule a free consultation with a North Carolina personal injury lawyer today to see how we can help.
