THIS ACCIDENT OCCURRED ON HYCO LAKE IN CASWELL COUNTY, NC AT APPROXIMATELY 1410 HOURS ON SUNDAY, JUNE 29, 2009.  BOTH VESSELS WERE CRUISING BESIDE A PONTOON BOAT NORTHEAST OF THE OSMOND ROAD BRIDGE.

VESSEL #1 IS A NICE FOOT SEADOO PWC.  VESSEL #2 IS A TEN FOOT KAWASAKI PWC.  OPERATOR2 IS THE STEP SON OF operator1.  ACCORDING TO THE OPERATORS OF BOTH VESSELS, THE ACCIDENT OCCURED IN THE FOLLOWING MANNER:

THE OPERATORS OF VESSEL #1 AND VESSEL #2 WERE ACCOMPANYING A PONTOON BOAT THAT HAD ADDITIONAL FRIENDS AND FAMILY MEMBERS ON BOARD.  THE OPERATORS OF VESSEL #1 AND VESSEL #2 WERE GOING IN OPPOSITE DIRECTIONS AND SPRAYING THE PASSENGERS ON BOARD THE PONTOON BOAT.  THE OPERATOR OF VESSEL #1 WAS APPROACHING THE PONTOON BOAT FROM THE STERN.  THE BOAT'S WAKE CAUGHT VESSEL #1 AND PUSHED IT TO THE PORT SIDE, CAUSING IT TO LOSE SPEED AND STOP IN THE WATER ON THE PORT SIDE OF THE PONTOON BOAT.  THE OPERATOR OF VESSEL #2 WAS APPROACHING THE PONTOON BOAT FORM THE PORT BOW TO SPRAY THE PASSENGERS.  VESSEL #1 STRUCK VESSEL #2 ON THE PORT SIDE.  THE OPERATOR OF VESSEL #1 FELL INTO THE WATER.  THE OPERATOR OF VESSEL #2 STATED HE JUMPED INTO THE WATER UP ON THE  IMPACT WITH VESSEL #1.  THE OPERATOR OF VESSEL #2 STATED HE THOUGHT THE COLLISION OCCURRED 45 FEET FROM THE PONTOON BOAT.

THE OPERATOR OF VESSEL #1 WAS TAKEN TO THE UNC HOSPITAL IN CHAPEL HILL, NC AND TREATED FOR A LACERATED SPLEEN. 

THE OPERATOR OF VESSEL #2 WAS NOT INJURED.

THE OPERATOR OF VESSEL #1 WAS CHARGED WITH OPERATING A PERSONAL WATERCRAFT AT GREATER THAN TEN MILES PER HOUR WITHIN ONE HUNDRED FEET TO THE REAR OF ANOTHER VESSEL THAT IS UNDERWAY ON WATERS OF THIS STATE (GS 75A-13.3 (E)(5)).

THE OPERATOR OF VESSEL #2 WAS CHARGED WITH OPERATING A VESSEL ON THE WATERS OF THIS STATE, A VESSEL THE CERTIFICATE OF NUMBER OF WHICH WAS NOT THEN IN FULL FORCE AND EFFECT (GS 75A-4) AND OPERATING A MOTORBOAT IN A RECKLESS OR NEGLIGENT MANNER SO AS TO ENDANGER LIFE, LIMB OR PROPERTY (GS75A-10(A)).

THE OPERATORS OF VESSEL #1 AND VESSEL #2 WERE EACH WEARING A TYPE III PERSONAL FLOTATION DEVICE.  THERE IS NO EVIDENCE OF THE INVOLVEMENT OF ALCOHOL OR DRUGS IN THIS BOAT ACCIDENT.
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