Boat Accident Attorney Near Me

Charleston is consistently rated one of the top U.S. coastal travel destinations. Hundreds of private charter companies offer tourists the chance to experience the Charleston Peninsula from the water, from $40 ferry tours of Fort Sumter to $600 dolphin cruises on luxury yachts. Yet heavy boat traffic through the city’s historic and scenic areas has led to an increase in serious boating accidents. 

As South Carolina’s only former U.S. congressman currently practicing law, Joe Cunningham is passionate about helping families hold negligent parties accountable and stand up to companies that cut corners on safety. To request a consultation with our experienced boat accident attorney near me law firm, contact our law office today or call us at (843) 633-3360. 

Areas Where Boating Accidents May Happen in Charleston

As a peninsula, Charleston offers tourists more than Atlantic beach cruises around Sullivan’s Island. Numerous charter boat companies also provide historic cruises down the Ashley and Cooper Rivers, as well as sunset sailing experiences on the Charleston Harbor. Certain waterways, especially around high-volume marinas, are more accident-prone. Tourists on smaller vessels, such as rowboats and kayaks, also have a higher risk of suffering serious injuries during waterway accidents. 

The team at Joe Cunningham Law commonly sees boat accidents in the following areas: 

• Tea Farm Creek: This waterway empties into the Stono River and has a low bridge when boats pass under Route 17. Serious injuries and fatalities have been reported on Tea Farm Creek when passengers hit their heads on the overpass. 
• Charleston Harbor Dredging: Due to increasing cargo traffic, Charleston is constantly deepening its harbor to increase trade. Areas undergoing deep water construction and dredging projects, such as the latest Post 45 project, have high boat accident rates due to underwater pipelines and construction materials. Nighttime dinner and booze cruise operators often have a harder time identifying these dangers. 
• Breach Inlet: If you rent a kayak or small rowboat in beachfront areas, you must be ready for fast currents. Areas such as Breach Inlet have these strong currents that might drag smaller boats out to sea. Most beachfront drowning accidents are caused by powerful Atlantic currents.  
• Ashley River Docks: Charleston has a mega dock on the Ashley River, as well as various marinas and private docks throughout the peninsula. Due to changing currents, docking isn’t easy. Many boating accidents occur around local marinas as boats struggle to moor. 
• Atlantic Sailing (Folly Beach and Isle of Palms): Unlike the more protected inlets surrounding the city, taking smaller sailing vessels off the Atlantic coast can result in sudden, dangerous weather patterns and strong currents. 

If you were injured on any of the waters in the city, you need to discuss what happened with a boat accident attorney near you at Joe Cunningham Law. 

Injuries Commonly Sustained During River and Harbor Cruises 

Boat accidents are unique in that passengers on larger vessels, such as the Fort Sumter ferry, might sustain the same injuries as land-based tourists. Our experienced personal injury team sees the following boat accident injuries occur during slip-and-fall accidents or passenger altercations: 

• Concussions 
• Dislocated/broken hips 
• Bruises
• Fractures 
• Slipped discs 

However, many serious injuries and illnesses are unique to maritime accidents. These significant conditions often result from specific waterway dangers, especially overboard accidents, drowning, falls from high decks, and heat stroke.

At Joe Cunningham Law, we fight for clients suffering from the following life-altering traumas: 

Brain Injuries Due to Asphyxiation (Near-Drowning) 

When smaller rental boats tip over or collide with larger vessels, passengers are often thrown overboard. The shock itself can cause even the most experienced swimmers to panic.

Near-drowning accidents occur when passengers suffer from nonfatal oxygen deprivation before being rescued or resuscitated. This often results in something called a hypoxic brain injury, which occurs when brain cells die due to a lack of oxygenated blood flow. These brain injuries may cause memory loss, speech impediments, mobility difficulties, comas, or persistent vegetative states.     

Traumatic Brain Injuries and Open Head Wounds

If passengers slip on wet decks—especially elevated decks—they cannot control their falls. This often results in passengers striking their heads on safety railings, steps, or the hard deck, causing skull fractures and brain bleeds. Without quick emergency treatment, which can be difficult to obtain on the water, this can cause brain swelling and serious TBIs.  

Necks and Spinal Cord Injuries (Paralysis) 

Passengers who fall overboard or strike hard safety railings often suffer from severe injuries, sometimes affecting the spine. The most serious of these injuries involves the cervical spine (the neck area). Serious spinal cord damage may result in paraplegia, quadriplegia, or long-term nerve damage.

Post-Traumatic Stress Disorder (PTSD) 

A near-drowning or watching a loved one go overboard can cause significant emotional suffering, often resulting in PTSD and related anxiety disorders. If you or a loved one is suffering from anxiety or emotional trauma after a boating accident, you can count on Joe Cunningham Law to fight for your right to demand damages. 

Death from Fatal Drowning

Unfortunately, many serious boating accidents result in fatalities. This often occurs when passengers drown or cannot quickly access emergency care on the water. If you lost a loved one due to boating accident injuries, you need a local wrongful death attorney. Specific admiralty laws apply to these cases, and not every fatal boat accident lawyer near you is qualified to handle these complex claims. Immediately contact Joe Cunningham Law at no cost if your loved one drowned. 

Main Causes of Boat Crashes on Charleston Waterways

Recovering personal injury damages for boat accidents in South Carolina requires victims to prove that their injuries resulted from another person or entity’s careless, reckless, or criminal conduct. Negligence is the leading cause of serious boat accident injuries, and it often includes the following: 

• Boating Under the Influence (BUI): South Carolina Code § 50-21-112 prohibits boat operators from operating watercraft under the influence of drugs or alcohol. Booze and party cruises account for a significant percentage of Charleston’s water tourism industry, and drunk boat operators frequently cause serious waterway accidents. 
• Failure to Maintain: While expensive luxury sailing yachts are often well maintained, most families cannot afford to charter these high-end vessels. Smaller sailing and charter boat companies offer more cost-effective options, such as daily rowboat rentals, but these are not always in good condition. Frayed ropes and weakened wood that’s exposed to the elements may make the vessel unseaworthy.  
• Boating Mistakes: Boat operators are required to follow waterway safety laws, including those related to speed, docking, and the right of way. When charter companies rent boats to operators without significant training or licenses, this often results in serious crashes. 
• Safety Failures: Rental boat owners are generally required to provide passengers with life vests, rescue rings, and other safety equipment. Injuries worsened by these safety failures might support personal injury litigation in South Carolina. 
• Operating in Unsafe Conditions: The ocean controls the boats, not the other way around. Many for-profit boat rental companies continue with charters, tours, and rentals, even when bad weather rolls in or colleagues report dangerous currents. Failing to end tours early or departing despite poor weather reports may result in serious loss of life and injuries. We’re prepared to hold companies accountable when they put profits over people’s safety.
• Injuries from Inebriated Passengers: We’ve noted boating under the influence, but there’s another facet to the dangers of alcohol and boating to consider. It is illegal to continue serving alcohol to clearly inebriated passengers and minors. Unfortunately, some unscrupulous bar cruise companies often bend the rules. If you were injured by a drunk passenger’s behavior, immediately discuss your rights with a boating accident lawyer near you. 

Liable Parties for Charter Boat Injuries  

As a paying customer, boat owners and operators owe you the highest duty of care in South Carolina. They’re required to ensure the boat is in safe, working order and complies with all mandatory safety laws. When accidents happen on a charter boat, liability can be complicated.

Boat accident injury liability generally falls on the boat rental company, including the operator and owner. Yet these cases can also involve claims against another negligent company for causing a waterway collision or dangerous wake. Additionally, your boat accident lawyer might also file claims directly against the City of Charleston or the state of South Carolina for accidents caused by dredging, low bridges, or other unsafe construction conditions. 

Multiple parties, from drunk passengers to federal maritime contractors, might be legally responsible for causing or contributing to your accident. A boat accident lawyer near you can work to identify every potentially liable party and available insurance. Many boat accident claims settle with the liable insurance companies for the reasonable value of your medical bills, lost wages, and pain and suffering damages. 

Understanding Federal Admiralty Jurisdiction in South Carolina 

Not all personal injury law firms in Charleston can effectively handle boat accident cases. Injuries occurring on “navigable waters” are not governed by standard personal injury and negligence laws. Instead, these claims are controlled by federal or state maritime laws. These laws govern the following: 

• Negligence standard 
• Jurisdiction 
• Seamen’s rights 
• Defenses 

Injured professional seamen may have rights under the Jones Act that differ from passengers’ rights, and insurance defense attorneys can invoke the federal court’s admiralty jurisdiction to transfer state cases to U.S. District Court. This requires an attorney with federal litigation experience qualified to practice law in South Carolina’s federal courts. 

Why Choose Joe Cunninham Law for Local Boating Accident Cases

An experienced litigator, Joe Cunningham knows how to handle admiralty matters in Charleston. These cases involve unique laws that traditional personal injury lawyers do not often encounter. Legal mistakes might significantly impact your case, including the settlement timeline and offer.

Relationships with Local Investigators, Maritime Officials, and Court Officers 

Client-first law firms such as Joe Cunningham Law intentionally build strong and respectful relationships with local maritime investigators and court officials. This helps us investigate your boating accident case and, if necessary, file appropriate litigation. Hiring out-of-state counsel or law firms with familiar names may seem like a good idea, but there are many benefits to working with a local attorney who understands the boating culture here and who knows the local judges and court system. 

Contingency Fee Representation 

As a lawyer and legislator known for standing up to powerful corporations, Joe Cunningham and his team fight for the little guy. This means protecting budget-conscious families injured on local ferry tours, not just high-end clients hurt on luxury yachts. For this reason, we take most viable boat accident cases on a contingency fee basis. This means we do not get paid unless and until we recover financial compensation.

Our local law firm can front all the investigative fees and court costs necessary to stand toe-to-toe with Charleston’s powerful water tourism industry.  We are focused on securing a settlement or winning damages in court. 

Immediate On-Site Response 

When you call a lawyer near you after a boat accident, our local attorneys can immediately respond. As locals ourselves, we know how to identify potential waterway hazards and exactly where most serious boat accidents occur. We’re also familiar with the legal structure charter boat rental companies use to protect themselves from liability and the difference between reputable rental agencies and those cutting corners. 

Contact Our Skilled Charleston Boat Accident Attorney Near Me Law Firm

Our community-focused approach sets us apart at Joe Cunningham Law. We understand that vibrant coastal cities often fail to properly monitor third-party boat rental agencies and enforce maritime safety laws. If you were injured in a boating accident—whether it was a charter sailboat, kayak, or local ferry—you need a dedicated maritime injury attorney who understands the local area. 

Our experienced legal team can help tourists and residents alike recover significant damages for water-related accidents on the Ashley River, Cooper River, Charleston Harbor, or local beaches. Schedule a free and confidential case consultation with our law office today by calling (843) 633-3360 or connecting with us online.