A boating accident can happen in an instant, turning a day on the water into a stressful and dangerous situation. When another vessel hits your boat, it’s not always clear what to do next. The steps you take immediately after a boating crash can make a critical difference for your safety and your legal rights.
From the coast to the Upstate, South Carolina is a boater’s paradise. From over 200 miles of Intracoastal Waterway to the beautiful lakes and rivers that dot the state, adventure is always close by. However, with access to water comes an increased risk of boat wrecks. Between 2020 and 2024 alone, the state recorded a shocking 799 accidents and 99 fatalities. With massive population booms leading to more crowded waterways across the Palmetto State, the chances of a watercraft crash are likely to increase. With that in mind, empower yourself and your passengers with these crucial tips.
What to Do After a Boating Accident
In the moments following a collision, your first priority should always be safety. If another vessel hits your boat, taking the right steps can help prevent further injury and protect a future legal claim.
1. Stop the Boat Immediately
Bring your vessel to a stop right away to prevent additional collisions and regain control of the situation.
2. Check for Injuries and Assist Passengers
Check everyone on board and take a headcount. If someone has fallen overboard, use flotation devices, ropes, or buoys to help them back to safety. Avoid entering the water unless absolutely necessary.
Provide first aid and move your vessel out of danger if possible.
3. Call Emergency Services
Contact emergency responders immediately. You can call 911 or use a VHF radio to reach the Coast Guard, marine patrol, or local authorities.
4. Seek Medical Attention
Even if injuries seem minor, get evaluated by a doctor. Conditions like traumatic brain injuries or internal bleeding may not show symptoms right away but can worsen or become life-threatening if not treated in time.
Gathering Evidence at the Scene
Once the immediate danger has passed, the focus should shift to documenting what happened. The information collected at the scene can play a crucial role in any future boating accident claim.
Be sure to document:
- Names and contact information of all operators and passengers
- Vessel registration numbers and identifying details
- Insurance information from the other boat operator(s)
- Witness contact information
- Photos and videos of vessel damage, injuries, and surroundings
- Date, time, location, and weather conditions
While documenting the incident, avoid discussing fault or making statements that could be interpreted as accepting responsibility. These details can be evaluated later as part of a proper investigation.
Reporting a Boating Accident in South Carolina
Certain boating accidents must be reported under both federal and South Carolina law. If the accident involves:
- Serious injury or death
- A missing person
- Significant property damage
- Loss of a vessel
In cases involving death, disappearance, or serious injury, reports generally must be filed within 48 hours. For other qualifying accidents, the deadline is typically 10 days. Reports may be submitted to the U.S. Coast Guard and the South Carolina Department of Natural Resources.
Filing an accurate report is an important step, but it’s equally important to avoid speculation or unnecessary statements about the cause of the accident.
Injuries and Long-Term Effects
Boating accidents often result in more than just immediate injuries. Victims may experience long-term physical and emotional challenges that affect their daily lives.
Serious crashes can lead to traumatic brain injuries, spinal damage, fractures, and internal injuries. In addition to physical harm, many victims experience anxiety, PTSD, or depression following an accident. Recovery can take months or even years, and in some cases, permanent limitations may affect a person’s ability to work or enjoy everyday activities.
Determining Liability After a Boating Accident
Liability in a boating accident depends on the circumstances surrounding the crash. Boat operators have a legal responsibility to operate their vessels safely. When that duty is breached, whether through reckless operation, intoxication, inattention, or failure to follow navigation rules, they may be held accountable.
In some cases, liability may extend beyond the operator. Mechanical failures, defective parts, or poor maintenance can also contribute to accidents, opening the door to claims against manufacturers or maintenance providers.
Filing a Boating Accident Claim
If someone else’s negligence caused the accident, you may be entitled to compensation for your injuries and losses. This can include medical expenses, lost wages, property damage, and pain and suffering.
The claims process typically involves investigating the accident, gathering evidence, and negotiating with insurance companies. If a fair settlement cannot be reached, filing a lawsuit may be necessary to pursue full compensation.
Because boating accident cases often involve multiple parties and complex legal issues, having experienced legal guidance can make a significant difference in the outcome.
Real Boating Accident Case Results
Joye Law Firm Injury Lawyers has helped boating accident victims across South Carolina recover compensation for serious injuries and losses. Some include:
- $455,000 settlement for a passenger who suffered a concussion and shoulder injury in a head-on collision on Thoroughfare Creek after another boat crossed into the wrong lane.
- $294,000 settlement for the family of a passenger who tragically lost their life when a boat capsized during a storm on Lake Moultrie.
- $187,500 settlement for a passenger who suffered severe foot injuries when a boat’s propeller was unexpectedly engaged.
These results demonstrate the serious nature of boating accidents, but also the importance of hiring a law firm with experience handling complex injury claims on South Carolina waterways.
Our experienced boating accident lawyers know how to uncover critical evidence, work with accident reconstruction experts, identify all available insurance policies, and build a case designed to maximize your compensation.
How to Reduce Your Risk on the Water
While not every accident can be avoided, the vast majority of boat crashes are caused by operator error. Practicing these safe boating habits can significantly reduce your risk:
- Wearing life jackets
- Avoiding alcohol while operating a vessel
- Following navigation rules
- Performing routine boat maintenance
- Staying aware of weather conditions and surrounding traffic
These simple practices can be the difference between a fun day on the water and a life-changing crash.
South Carolina Boating Accident Frequently Asked Questions
Boating Accidents
What should I do immediately after a boating accident in South Carolina?
You should stop your boat, check for injuries, assist anyone overboard, call emergency services, and seek medical attention as soon as possible.
Do I have to report a boating accident in South Carolina?
Yes, you must report the accident if it involves serious injury, death, a missing person, property damage over $2,000, or a destroyed vessel.
Who is liable if someone hits my boat?
Liability depends on the circumstances, but the at-fault boat operator, other drivers, or even manufacturers or maintenance providers may be responsible.
Can I file a claim after a boating accident?
If another party’s negligence caused the accident, you may be able to file a personal injury claim for compensation, including medical expenses and lost wages.
How long do I have to file a boating accident claim in South Carolina?
In most cases, you have three years from the date of the accident to file a personal injury claim.
Get Help After a South Carolina Boating Accident
If someone hits your boat and you suffer injuries, you don’t have to navigate the aftermath alone. You may have the right to pursue compensation, and taking the right steps early can preserve evidence and protect your claim.
At Joye Law Firm Injury Lawyers, not only do our attorneys have decades of experience representing boating accident victims, but many are avid boaters themselves. So, they understand what you’re up against.
We believe injured people should not be left at the mercy of insurance companies or large corporations. Since 1968, we have built our reputation on helping underdogs level the playing field after life-changing injuries. Our attorneys have recovered substantial results for accident victims across South Carolina, including boating injury victims dealing with catastrophic injuries and devastating losses.
Our firm has earned recognition in Best Law Firms® with Tier 1 rankings in multiple South Carolina markets for Personal Injury Litigation. Several of our attorneys have also been recognized by Best Lawyers in America® and Super Lawyers® for their leadership and advocacy in serious injury cases, including Managing Partner Ken Harrell and Litigation Department Head Mark Joye.
With offices in North Charleston, Charleston, Summerville, Columbia, Greenville, Myrtle Beach, and Clinton, our team is always nearby and ready to help the injured pursue justice after serious accidents on South Carolina lakes, rivers, and coastal waterways. With our No Fee Guarantee, you never pay an attorney’s fees unless we recover compensation for you. Contact us today for a free consultation to discuss your boating accident case.
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