With its lakes, rivers, and coastline, South Carolina is a boater’s paradise. From Lake Murray to Charleston Harbor, thousands of residents and visitors take to the water every year for recreation. But when a relaxing day on the water turns into a serious accident, victims often face painful injuries, expensive medical bills, and complex questions about who’s responsible.
This post explains what to do if you’re injured on a boating trip in South Carolina, including the steps to take immediately after the accident, how liability is determined, and how an experienced boating accident lawyer can help you recover compensation. We’ll also touch on related topics like negligence, comparative fault, and when boating accidents become wrongful death claims.
Steps to Take Immediately After a Boating Accident
If you’ve been hurt on a boat, what you do in the minutes and hours that follow can make a major difference in your recovery and legal claim.
- Get to safety. Move yourself and others away from the water or damaged areas of the vessel.
- Call for help. Contact emergency services or the U.S. Coast Guard. If you’re on an inland waterway, notify local law enforcement or the South Carolina Department of Natural Resources (SCDNR).
- Seek medical attention. Even if your injuries seem minor, get evaluated. Shock and adrenaline can mask serious harm such as internal injuries or head trauma.
- Document the scene. Take photos or videos of the boat, surrounding area, and any visible injuries.
- Get information. Record the operator’s name, registration number, and insurance information, along with witness contact details.
- Report the accident. South Carolina law requires boat operators to report accidents that result in injury, death, or property damage exceeding $2,000.
After ensuring everyone’s safety, contact a personal injury attorney familiar with boating accidents. These cases often involve unique maritime laws and multiple liable parties.
Common Causes of Boating Accidents in South Carolina
Many boating accidents result from negligence or recklessness on the part of the operator or another party. Common causes include:
- Operator inattention or inexperience
- Boating under the influence (BUI)
- Speeding or reckless maneuvers
- Failure to maintain a proper lookout
- Overloading the vessel
- Equipment failure or poor maintenance
- Hazardous weather or water conditions
Like car accidents, most boating crashes are preventable. When someone’s carelessness causes injury, South Carolina law allows victims to file a personal injury claim for compensation.
Determining Fault in a Boating Accident
To recover damages, your attorney must prove that another party’s negligence caused your injuries. This involves showing that:
- The at-fault party had a duty of care to operate safely.
- They breached that duty through negligent or reckless behavior.
- That breach caused your injury.
- You suffered damages, such as medical expenses or lost wages.
Liable parties might include:
- The boat operator
- The boat’s owner (if different from the operator)
- A rental or charter company
- Equipment manufacturers (in defective product cases)
- Other boaters or passengers
If you’d like a deeper understanding of how negligence works, see our related article Understanding Negligence: How It Applies to Your Personal Injury Case.
South Carolina’s Boating Laws and Comparative Negligence
South Carolina enforces strict boating safety regulations under the SCDNR. Operators must follow right-of-way rules, speed limits, and alcohol restrictions. A violation of these rules, such as operating under the influence, can serve as strong evidence of negligence.
However, South Carolina follows a modified comparative negligence law, which means you can still recover compensation even if you were partly at fault, as long as you were less than 51% responsible. Your total award is reduced by your percentage of fault.
For example, if you were found 20% at fault for not wearing a life jacket, and your damages totaled $100,000, you could still recover $80,000.
Our article Understanding South Carolina’s Comparative Negligence Law explains how this rule impacts injury claims in more detail.
Common Boating Accident Injuries
Boating accidents can cause a wide range of injuries, from minor cuts to life-threatening trauma. Some of the most common include:
- Head and brain injuries from impact or falls
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Lacerations from propellers
- Hypothermia or drowning
- Internal organ damage
Victims of severe or catastrophic injuries may face long-term rehabilitation, loss of income, or permanent disability. In tragic cases, families may also pursue a wrongful death claim. You can learn more about that process in our post When to File a Wrongful Death Claim in South Carolina.
Compensation Available After a Boating Accident
An experienced South Carolina boating accident lawyer can help you pursue compensation for:
- Medical bills and future treatment
- Lost income and reduced earning capacity
- Pain and suffering
- Property damage
- Emotional distress
- Funeral expenses (in fatal accidents)
In cases involving extreme recklessness, such as boating under the influence, punitive damages may also be available.
Why You Need a Boating Accident Attorney
Boating accident claims are often more complex than car accident cases. They can involve state, federal, and maritime laws, each with different filing deadlines and rules.
A skilled personal injury lawyer will:
- Investigate the cause of the accident
- Gather witness statements and accident reports
- Work with marine safety experts
- Negotiate with insurance companies
- File a lawsuit if necessary
They’ll also ensure your claim is filed before South Carolina’s statute of limitations, typically three years for personal injury cases, but sometimes shorter when government entities are involved.
Get Legal Help from McWhirter, Bellinger & Associates
At McWhirter, Bellinger & Associates, we’ve helped countless South Carolinians injured in boating accidents hold negligent parties accountable. We understand the complexities of maritime law and fight for the full compensation our clients deserve.
Call 803-653-6449 today for a free consultation with one of our experienced South Carolina boating accident attorneys. We have offices conveniently located in Columbia, Lexington, Orangeburg, Camden, Sumter, Aiken, and Newberry.
When someone’s carelessness ruins a day on the water, you deserve justice. Let our team help you navigate the legal waters, so you can focus on recovery.
