Columbia Boating Accident Lawyer

Columbia Boating Accident Attorney

Trips out on the water are meant to be relaxing and rejuvenating. However, when tragedy strikes and someone is injured or killed in a boating accident, speaking with a knowledgeable Columbia boating accident lawyer can help individuals better understand their rights and options under the law.

Columbia residents and visitors who have been injured or lost a loved one in a boating accident on Lake Murray, the Congaree River, or elsewhere should familiarize themselves with how these types of cases proceed.

About the Law Office of Charles T. Brooks III

The Law Office of Charles T. Brooks III has been serving up justice to individuals and families since 1996. We assist clients in Columbia, plus residents of Sumter, Camden, Orangeburg, and Florence. We are familiar with the workings of the Richland County Court of Common Pleas because we are near Columbia, SC. Our establishedf law firm accepts cases involving personal injury and family law.

How Boating Accident Cases Work in South Carolina

Accidents on the water can occur when two vessels collide with each other, a swimmer is injured by a boat, or someone is hurt as a result of a reckless operator. Columbia offers several waterways where fishermen and tourists come to fish, relax, and explore. When large numbers of people are participating in recreational activities on the water, accidents are almost inevitable.

Negligence plays a large role in boat accidents, just as it does with car accidents. Although some boating accidents fall under federal jurisdiction, the laws here in South Carolina will likely determine who was at fault. South Carolina law allows operators to be held responsible for injuries resulting from unsafe watercraft operation.

South Carolina law also outlines the statute of limitations for personal injuries. You typically have three years from the date of the injury to file a claim to recover compensation. However, the law also outlines exceptions to this rule where the statute may be extended.

In 2024, the U.S. Coast Guard reported 3,887 boating incidents with 556 resulting in death and 2,170 injuries. Boating accidents cost $88 million in damages.

Common Causes of Boating Accidents

Many boat accidents can be avoided by operating a vessel safely and responsibly. Factors that can lead to serious boat accidents often include careless or reckless decisions made by boat operators.

Inexperienced operators are at a greater risk of causing a collision with another vessel or object. Just like driving under the influence of drugs or alcohol, operating a boat while impaired can hinder operators from making sound decisions and responding to danger in a timely manner. Other common causes of boating accidents include:

• Speeding
• Reckless operation
• Distracted operation
• Equipment failure
• Natural hazards
• Inclement weather
• Dense traffic on the water
• Strong currents
• Overall negligence

These can all leave boaters vulnerable to serious injuries. Determining the cause of your accident will be one of the first steps in finding who is liable for your injuries.

Injuries Associated With Boating Accidents

People injured in boating accidents can suffer from a variety of injuries, some of which can be life-threatening. There is less protection surrounding passengers on a boat compared to a motor vehicle. Along with physical injuries, some accident victims may endure emotional trauma as well. Common injuries seen in boating accident cases include:

• Traumatic brain injuries
• Neck and back injuries
• Drowning
• Broken bones
• Cuts and lacerations
• Hypothermia

Victims who suffer from serious injuries like TBI’s and spinal injuries may require long-term medical care and could suffer from lost income. Emotional trauma can also be common for individuals who have become permanently disabled from their injuries.

Hire a Boating Accident Lawyer

In some cases, you may want to hire a boating accident lawyer who has experience with complex boating accidents. If more than one party could be responsible for your injuries, you will want a Columbia boating accident attorney who understands boating accident laws and can investigate every angle of your case.

For example, if you were injured by a reckless operator, the owner of the boat may be liable if the operator did not have permission to use the vessel. If you were injured while renting a boat, the company that rented you the boat may be liable for your injuries if its defectiveness contributed.

FAQs About Boating Accident Law

Is South Carolina a No-Fault State for Accidents?

South Carolina is a no-fault state. This means South Carolina operates under a fault-based system. The person who caused the accident is responsible for paying for the damages they caused. Injury victims can make a claim for compensation from the negligent party’s insurance company or file a claim to recover from their losses. South Carolina uses modified comparative negligence rules, which may bar your recovery if you were partly at fault.

What Is the First Action Required After a Boating Accident?

Safety is the number one concern after a boating accident. Check yourself and others for injuries. Make sure everyone involved in the accident is accounted for and offer help to anyone who is in danger if it is safe for you to do so. Boat operators must stop the vessel and remain at the scene. Call emergency services and seek medical attention as needed.

What Report Must Be Filed if There Is an Accident While Boating?

Accidents occurring on the water in South Carolina need to be reported to the South Carolina Department of Natural Resources if anyone dies or disappears from the scene, anyone suffers an injury that requires medical treatment beyond first aid, or if there is significant property damage. The operator is normally responsible for reporting the accident and has a certain amount of time to report based on the injuries or damages caused.

What Should I Not Say to the Insurance Adjuster?

When speaking to an insurance adjuster, do not apologize for the accident or claim. You should not speculate about how the accident occurred, and you should not downplay your injuries. Do not agree to give a recorded statement until you have prepared for it. Even making statements by saying you’re fine can harm your claim.

Contact the Law Office of Charles T. Brooks III

If you were injured in a boating accident, the Law Office of Charles T. Brooks III can help you file a claim for your damages. Contact us today for a consultation.