- Auto and Trucking Accidents, Dram Shop, Featured Cases, Wrongful Death
- Featured Cases, Wrongful Death
- Featured Cases, Trucking Accident
- Nursing Home / Assisted Living Facility
- Featured Cases, Premises Liability
- Nursing Home / Assisted Living Facility
- Auto and Trucking Accidents, Dram Shop, Featured Cases, Wrongful Death
- Featured Cases, Wrongful Death
- Featured Cases, Trucking Accident
Key Takeaways
- Operators must report any boating crash resulting in death or injury to the South Carolina Department of Natural Resources (SCDNR) within 48 hours. Other reportable crashes must be reported within 10 days.
- Those who can be held responsible include the boat owner, the operator, a boat or engine maker, a rental company, or a government agency.
- Nationwide, alcohol is the leading known contributing factor in fatal boating accidents, and boating under the influence is a crime in South Carolina.
- The statute of limitations is generally three years under both federal maritime law and South Carolina law. A vessel owner can start a six-month clock by filing a limitation of liability action after receiving written notice of your claim.
- The Hughey Law Firm takes boating accident cases on a contingency fee basis, meaning you pay no attorney fees unless they recover compensation for you.
South Carolina Boating Accident Guide
Why Boating Accident Victims Hire Their Lawyer from Hughey Law Firm
Boating accident victims hire Hughey Law Firm because our attorneys know South Carolina’s waters and laws, handle every step of the case, and put clients first.
Attorney Nathan Hughey is a fourth-generation South Carolinian, and much of our staff has close personal ties to The Palmetto State. We live and work daily in South Carolina, giving us a deep understanding of laws, local geography, and our clients’ needs.
Our attorneys are also very familiar with boating accident cases. Each case type presents unique considerations and challenges. Our extensive background in leading boating accident cases in South Carolina can benefit your case.
We never forget that Hughey Law Firm cannot exist without our clients. When you hire our firm, you’ll feel like you’re part of a team.
Hughey Law Firm strives to secure every dollar the client deserves. Our case results show that no matter the value of your damages, we stop at nothing to deliver for clients.
Boating accident victims, in our experience, need fair compensation as quickly as possible. We can start your case today so that we may get the money you deserve as soon as we possibly can.
- Update you regularly so you always know your case status
- Reach out to monitor your recovery and assure you that we’re working towards a legal resolution
- Show compassion and patience every time we speak with you
- Provide your attorney’s direct phone number
- Encourage you to contact our firm whenever you have a question or concern
We’re not exaggerating when we say the client comes first. Review our firm’s testimonials to hear from former clients themselves.
Our Case Results Should Instill Confidence in Our Legal Team
- $5.425 million for a client who suffered catastrophic injuries
- $3.375 million for clients who lost a loved one in a way that qualified as a wrongful death
- $2.025 million for another client who suffered severe injuries because of another party’s negligence
Past results do not guarantee future outcomes. Each case is unique and depends on its own facts and circumstances.
Types of Boating Accidents That You Can Seek a Financial Recovery for in South Carolina
South Carolina’s rivers, lakes, and coastal waters stay busy with boaters. The state reported 154 boating accidents, 10 deaths, and 82 injuries in 2024, according to U.S. Coast Guard data. Over a longer span, Coast Guard statistics show 2,339 accidents, 1,502 injuries, and 357 deaths on South Carolina waters between 2005 and 2023, and about 68% of the deaths were drownings. The SCDNR also publishes accident statistics by county and body of water.
Many types of boating accidents can cause fatal or non-fatal injuries, including:
- Single-boat accidents: When an operator drives at high speeds, changes direction violently, fails to account for water depth, or engages in other forms of negligence, they may cause harm to occupants on the boat. Occupants may fall from the boat, strike parts of the boat, or suffer non-contact injuries like whiplash during a single-boat accident.
- Multi-boat accidents: There is a high risk of serious injury when two boats collide. Unlike cars, boats generally lack seatbelts and other safety features like airbags. This means that boat occupants have little protection when their vessel strikes another or vice versa.
- Boat-on-swimmer collisions: Too many swimmers, skiers, tubers, and other water users have seen the frightening sight of a boat bearing down on them. Direct contact with the boat’s hull, motor, or other components can cause devastating injuries and even death.
- Explosions and fires: When defects, improper maintenance, damage, or other hazards cause explosions or fires, victims may suffer burns and other serious injuries.
- Sinking accidents: If defects in a boat lead to a sinking accident, victims may suffer various injuries and endure psychological trauma, even if they are not physically injured.
- Watersport accidents: Allowing someone to tow you behind a boat does not give the operator the freedom to drive recklessly. If an operator caused you to suffer injuries through dangerous driving, we’d work to hold that party accountable.
Common Boating Accident Injuries
If your injuries are severe or permanent, see our catastrophic injury practice for how we value lifetime losses.
Some of these injuries show up hours or days later, so get checked by a doctor even if you feel fine. Prompt medical records also link your injuries to the crash.
Who Is Liable for a Boating Accident in South Carolina?
If a boat owner made a negligent decision, such as letting an unfit minor drive their boat, the owner might be liable for your damages. A boat owner may be liable for the very fact that their boat was involved in an accident.
The individual driving the boat at the time of your accident may be liable, even if they are not the boat’s owner. Often, a liable boat operator is also the owner of the vessel. If these parties are not the same, establishing liability can be more difficult, but Hughey Law Firm is up to the task.
Boat manufacturers are liable when defects in their product cause harm.
Defects in boat engines can be especially dangerous. The combustibility of gasoline, combined with defects in an engine, can cause explosions and fires.
If any municipality in South Carolina responsible for safety and signage in a waterway fails in its duty to protect boaters and swimmers, it may be legally responsible for resulting harm.
A company that rents a boat to an unqualified or impaired operator, skips a safety briefing, or provides a poorly maintained boat may share fault.
Negligent repairs or servicing can cause steering, fuel, or engine failures.
Defective boats and engines may also support a claim under our product liability practice.
You can call (843) 881-8644 or complete our contact form to schedule a free consultation and connect with our team.
Forms of Boat Operator Negligence That Can Cause an Accident in South Carolina
Common forms of boat operator negligence include boating under the influence, speeding, failing to keep a proper lookout, unsafe maneuvers, and operating in low visibility or unfamiliar waters.
The U.S. Coast Guard reports that alcohol continued to be the leading known contributing factor in fatal boating accidents in 2024, accounting for 92 deaths, or 20% of total fatalities. Other contributing factors in boat accidents may include:
- Speeding
- Operating a boat in low visibility without necessary equipment (like spotlights and a depth finder)
- Changing directions without slowing to a safe speed
- Stopping suddenly or without warning to occupants
- Accelerating rapidly or without warning
- Driving in areas where the operator is unsure of depth or potential hazards
- Failing to keep a proper lookout
- Letting passengers ride on the bow, gunwale, or transom while underway
- Operating without required boating education. In South Carolina, operators born after July 1, 2007 must complete an SCDNR-approved boating course to run a boat with a motor of 10 horsepower or more.
Boating under the influence is a crime under S.C. Code §§ 50-21-112 and 50-21-113 (see Title 50, Chapter 21), and it can be a felony when it causes great bodily injury or death. The criminal case is separate from your civil claim, and you do not have to wait for it to end to pursue compensation.
What to Do After a Boating Accident in South Carolina
- Get to safety and call for help. Put on life jackets, move away from hazards, and call 911. If you are offshore, hail the Coast Guard on VHF Channel 16.
- Get medical care. See a doctor the same day, even if injuries seem minor.
- Report the crash if required. Operators must report to SCDNR within 48 hours when someone is killed or hurt, and within 10 days for other reportable crashes. A crash is reportable if it involves a death, an injury that needs medical treatment, loss of consciousness, a person incapacitated for more than 24 hours, or more than $2,000 in damage.
- Document everything. Photograph the boats, hull identification numbers, damage, weather, and water conditions. Exchange names, registration numbers, and insurance details, and collect witness contacts.
- Preserve evidence. Do not repair or sell the boat. Keep your clothing and life jackets. GPS and engine data can be overwritten, so tell your attorney right away.
- Say little to insurers. Do not give a recorded statement before you speak with an attorney.
- Contact Hughey Law Firm. An injured person’s attorney may obtain a copy of the accident report under S.C. Code § 50-21-130, and we can send preservation demands for the boat and its data.
These steps protect your health first and your claim second. The sooner they are done, the more evidence survives.
South Carolina and Federal Boating Laws That Affect Your Claim
Many recreational boating crashes on navigable waters fall under federal maritime law, even when the case is filed in state court. Under 46 U.S.C. § 30106, a maritime injury or death claim must be filed within three years after the cause of action arose. South Carolina’s general deadline is also three years.
A vessel owner may ask a federal court to limit its liability, often to the value of the boat. Under 46 U.S.C. § 30529, the owner generally has six months after receiving written notice of a claim to file. Because that notice can start a clock, talk to an attorney before sending anything to a boat owner or insurer.
If state law governs, South Carolina’s modified comparative negligence rule, set in Nelson v. Concrete Supply Co., bars recovery if you are found more than 50% at fault. If maritime law governs, fault generally reduces your recovery without barring it. Which rule applies is a threshold question for your attorney.
Effective January 1, 2026, South Carolina’s Act 42 (H. 3430) reformed the state’s joint and several liability rules and changed requirements for businesses that serve alcohol. These changes may affect state-law claims when several parties share fault, so your attorney should review how they apply to your crash date.
These rules decide where your case is filed, how long you have, and how fault is divided. Getting them right early protects the value of your claim.
We’ll Seek a Financial Recovery for All Your Boating Accident-Related Damages, Including These
Their pain and suffering
Boating accidents are nothing if not traumatic. Those who suffer from drowning accidents can suffer post-traumatic stress disorder (PTSD), as may boat accident victims who don’t experience drowning. You may also suffer various other forms of pain and suffering during and after your accident.
Medical bills
Lost income
Mental health services
We’ll include the cost of any medication, counseling, or other mental health treatment in your lawsuit or claim.
Property damage
Any other damages resulting from their boating accident
What Damages Can Survivors of a Wrongful Death Recover?
- Loss of a spouse’s companionship
- Loss of a parent’s guidance
- Funeral expenses
- Loss of the decedent’s household services
- Loss of the decedent’s income and other professional benefits
- Other economic and non-economic damages
These claims are generally brought by the executor or administrator of the estate. See our wrongful death practice for more.
Our attorneys will not know your damages until we review your case. We can get started as soon as possible, so don’t wait to contact Hughey Law Firm.
Services the Hughey Law Firm Team Provides Boating Accident Victims in South Carolina
- Protection: We ensure that insurance companies or defendants in your case cannot violate your rights. We manage all communications, so these parties cannot contact you first.
- Evidence collection: Our attorneys will urgently gather evidence. We will seek witness accounts, incident reports, and other evidence that helps your case.
- Preservation of the boat and its data: We send preservation demands so the vessel, engine data, and GPS records are not repaired, sold, or erased.
- Documentation and calculation of damages: We will get any medical records, medical bills, invoices, or other documentation that helps prove your damages. Once we’ve gathered all relevant information, we’ll calculate the exact cost of those damages.
- Settlement negotiation: Let the experienced negotiators at Hughey Law Firm demand the compensation you deserve.
- Trial services: If your case is best fought at trial, you have chosen the right firm. The attorneys at Hughey Law Firm are trial attorneys, meaning we’re always ready to take a boating accident case to court.
Call Hughey Law Firm Today About Hiring a South Carolina Boating Accident Lawyer
We may face a deadline for filing your case, so do not delay. Your attorney from Hughey Law Firm can start your case as soon as we complete your consultation. You can learn about your legal options, and we can begin protecting your rights. Learn more about our South Carolina personal injury lawyers.
Call Hughey Law Firm today at (843) 881-8644 or send us a confidential email through our contact page to complete that free consultation.
Past results do not guarantee future outcomes. The information on this page is for general informational purposes only and does not constitute legal advice.
Related Practice Areas
Frequently Asked Questions About South Carolina Boating Accident Lawyer
How much does it cost to hire Hughey Law Firm?
Nothing upfront. We work on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you.
What insurance can pay for my injuries?
An attorney can identify every available policy, including boat, homeowner’s, umbrella, and rental company coverage.
Can a rental company be responsible?
Yes. A company that rents a boat to an unqualified or impaired operator, or provides a poorly maintained boat, may share fault.
Can I sue if the boat operator was drunk?
Yes. A criminal charge for boating under the influence is separate from your civil claim, and you do not need to wait for a conviction to seek compensation.
Can I recover if I was partly at fault?
Often yes. Under South Carolina law, you can recover if you are 50% or less at fault, reduced by your share. Maritime law generally reduces recovery without barring it.
Do I need a South Carolina boating accident lawyer if the owner was not driving?
Yes. Both the owner and the driver may be liable, and an attorney can identify every responsible party and policy.
How long do I have to file a boating accident lawsuit?
Generally three years under both federal maritime law and South Carolina law. A vessel owner can also file a limitation action within six months of written notice of a claim, so act early.
Do I have to report a boating accident in South Carolina?
Yes, if it involves a death, an injury that needs medical treatment, loss of consciousness, or more than $2,000 in damage. Report it to SCDNR within 48 hours for injury or death, and within 10 days for other reportable crashes.