Charleston Boating Accident Lawyer
Time on the water is part of life in Charleston. When a careless or impaired operator causes a crash, the claim can involve state boating law, federal maritime law, and insurance that works differently than a car policy. We sort out which rules apply and who is responsible.
Accidents on the water around Charleston and beyond.
We represent passengers, operators, swimmers, and families hurt in boating accidents across South Carolina.
- Boat collisions
- Operators impaired by alcohol or drugs
- Passengers thrown overboard
- Jet ski and personal watercraft crashes
- Swimmers and divers hit by boats
- Rental boat accidents
- Charter and tour boat injuries
- Accidents caused by defective boats or equipment
If an impaired driver hurt you on the road instead of the water, see our drunk driving page. If you lost a family member, our wrongful death lawyers can help.
State boating law and federal maritime law.
Boating accidents can fall under South Carolina law, federal maritime law, or both, depending on where the accident happened. The difference affects deadlines and defenses.
Operating a boat while impaired is a crime SC Code §50-21-112 SC Code §50-21-113
South Carolina prohibits operating a boat under the influence of alcohol or drugs, and the penalties increase when someone is seriously hurt or killed. An impaired operator is strong evidence of negligence in a civil claim. When an operator’s judgment was substantially impaired, South Carolina’s usual cap on punitive damages does not apply.
Boat owners can be responsible SC Code §50-21-120
Under South Carolina law, a boat owner can be liable for injuries caused by the negligent operation of the boat when it is being used with the owner’s permission. If a member of the owner’s household was operating it, permission is presumed. Rental companies must provide boats that are in safe operating condition, and the operator of a rental boat is treated as the owner for liability purposes.
Accidents must be reported SC Code §50-21-130
Operators involved in a boating accident must stop and render assistance. For reportable accidents, the operator or owner must file a full report with the South Carolina Department of Natural Resources within 48 hours. That report often becomes important evidence.
Federal maritime law may apply 46 U.S.C. §30106
Accidents on navigable waters, like Charleston Harbor and many rivers and coastal waters, may fall under federal maritime law. Many maritime injury claims must be filed within three years. Boat owners sometimes try to use a federal law to limit their liability to the value of the boat, and those efforts have strict, short deadlines to respond. This is an area where early legal advice matters.
Insurance works differently on the water
Coverage after a boating accident can come from a boat policy, a homeowner’s or umbrella policy, or a rental or charter company’s insurance. We review every possible source.
Where the accident happened on the water can change which law applies, how long you have to file, and what defenses the other side can raise.
Protecting a boating accident claim.
Evidence on the water disappears quickly. Here is what to do.
Get to safety and get medical care
Call 911 or hail the Coast Guard on VHF channel 16 in an emergency. Get checked out even if you feel fine.
Report the accident
Make sure the accident is reported to SCDNR. Get the officer’s name and the report number if officers respond.
Write down the details
The names of the boats and operators, registration numbers, the location, weather, and water conditions.
Photograph everything
Damage to the boats, your injuries, and the scene. Get names and numbers of witnesses on nearby boats or docks.
Call us
We identify which law applies, track every deadline, and find every source of insurance.
A Charleston firm that knows these waters.
Joe Cunningham Law is based in Charleston, where time on the water is part of life. When a day on the water ends in an injury, we handle the claim so you can focus on recovering.
Joe Cunningham is a trial attorney and former U.S. Congressman. Joe Cunningham Law keeps a selective caseload so every client gets real attorney attention, from the first call through resolution.
U.S. District Court, D.S.C.
Boating accident questions.
Operators must stop and render assistance after a boating accident. For reportable accidents, the operator or owner must file a full report with SCDNR within 48 hours.
Often, yes. South Carolina law can make a boat owner liable for negligent operation when the boat is used with the owner’s permission, and permission is presumed when a member of the owner’s household is operating it.
Operating a boat while impaired is a crime in South Carolina and strong evidence of negligence. When the operator was substantially impaired, South Carolina’s usual cap on punitive damages does not apply.
It depends on the facts. Rental companies must provide boats in safe operating condition, and the person operating a rental boat is treated as the owner for liability purposes.
It depends on where the accident happened. South Carolina injury claims generally have three years, and many federal maritime injury claims also have three years. Some maritime deadlines are much shorter, so call early.
Nothing upfront. We work on contingency, so our fee comes from the recovery. If we don’t win, you owe nothing.
Talk to a Charleston boating accident lawyer.
If you were hurt in a boating accident, call Joe Cunningham Law. The consultation is free and there is no fee unless we recover for you.
Charleston, S.C. 29407
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