Boating Accidents Explained

Salley Law Firm • July 30, 2019

Boating Accidents

Unfortunately, boating accidents are fairly common in South Carolina and can often result in very serious injury. As such, it’s never too early to be prepared in case the worst scenario happens.

If you plan on boating in South Carolina, the Department of Natural Resources (“SCDNR”) has a list of required safety equipment that you must have on your boat at all times. Also, unless accompanied by an adult 18 years of age or older, any boat operator under the age of 16 must complete a boating course approved by SCDNR if the boat has a 15 horsepower engine or greater. Every boating accident must be reported to SCDNR whenever the accident results in loss of life, loss of consciousness, medical treatment or disability in excess of 24 hours, or property damage.

Not surprisingly, alcohol is the leading cause of boating accidents in South Carolina. While South Carolina does not have a law that prohibits open containers of alcohol on boats, an operator of a boat can certainly still be charged with Boating Under the Influence (“BUI”). Any person who operates a boat on South Carolina waterways has already given implied consent under South Carolina law to undergo either a chemical test or an analysis of his or her blood or urine to determine if they are operating the vessel over the .08 legal limit. If you are found to be over the legal limit, you are subject to a large fine and up to three years imprisonment in addition to the successful completion of an alcohol and drug safety action course and a boating safety course at your own expense.

If you are injured in a boating accident in South Carolina, your accident will be governed by either South Carolina’s negligence law or it will be governed by federal maritime law. The difference is a result of where the accident actually takes place. Generally, if your accident took place in a landlocked lake, South Carolina negligence law will apply. However, if your accident took place on a body of water used for interstate or international commerce such as the Intracoastal Waterway for one example, it will fall under the jurisdiction of federal maritime law. It is important to understand the rights and procedures of each and how they will affect your rights. If you have been injured in a boating accident, please do not hesitate to call our firm to discuss your case. Your consultation is free and we also offer evening and weekend appointments.

Additional Matters to Consider

Per the South Carolina Code of Laws, Section 15-3-520 provides for a three year statute of limitations on personal injury actions. This does not mean to wait until three years after your accident to contact a lawyer. Should you be involved in a boating accident, it is best to contact a personal injury lawyer immediately. A lawyer will be able to help advise you on getting your damages taken care of in the most efficient manner so that you may begin recovering.

The at-fault driver’s insurance carrier will attempt to speak with you very soon after the accident. Do not accept any settlement offer from the at-fault driver’s insurance until you have consulted with an experienced personal injury attorney. You cannot get any additional recovery after you have settled with the insurance carrier no matter how much worse your injuries become.

Further, the at-fault driver’s insurance carrier will also attempt to have you give them a statement as to what happened immediately before, during, and after the accident. Do not make any statements, recorded or otherwise, to the insurance carrier until you have consulted with an experienced personal injury attorney. You should take your time and reflect on the accident so that you are not pressured into misremembering details of the accident on such short notice.

Understanding your rights is essential to protecting yourself, your family, and your property. If you have been injured by someone else’s recklessness, it is best to consult with an attorney about the specific circumstances of your injury.

Please know that our firm works on a contingency basis in personal injury actions. This means that we will not be compensated unless we get a recovery for you. Thus, there are no up-front or out-of-pocket costs for you.

If you or a loved one have sustained injuries from a boating accident, please give Salley Law Firm a call at 803-356-5000. Your consultation is free and we offer evening and weekend appointments.

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