Columbia SC Boating Accident Attorney

Columbia residents enjoy boating year-round on the Saluda, Broad, and Congaree Rivers, as well as on Lake Murray. Yet, the more time spent on the water puts you at risk of an accident with inexperienced or negligent boaters. Boating law and insurance polices can be confusing, leaving you with questions about what to do when someone is at fault for your injuries. You are not alone when you partner with our Columbia SC boating accident attorney from our firm.

At Joe Cunningham Law, our South Carolina personal injury attorney will stand ready to listen to your story during a free consultation. We believe in putting our clients’ needs first so you feel supported, seen, and heard.

Joe Cunningham Provides Superior Legal Guidance For Your SC Boat Accident Claim

As a former South Carolina Congressman, Joe Cunningham brings his commitment to the people of the Palmetto State to his personal injury law practice. Attending college in Charleston and returning there to practice has deepened his love of helping the injured and vulnerable. As a public servant, he worked to stand up to insurance companies and champion the little guy, something he continues to do to this day.

With this “people first” philosophy, Joe and attorney Aaron Scheer strive to protect you from insurance companies that may try to take advantage of you during difficult times. They conduct a thorough investigation into each case, developing evidence to show who is to blame and establish your need for compensation. They can also manage negotiations to avoid mistakes that could negatively affect your case.

Joe also understands that you need a strong, reliable advocate when you are hurting and worried about costs. We offer free consultations to help you decide what to do next, then work on a contingency-based fee structure when we accept your case. You do not pay us unless we obtain a settlement or jury award for you, so you can put your trust in us with fewer worries.

South Carolina Boating Laws and Regulations

The South Carolina Department of Natural Resources (SCDNR) provides a list of current boating regulations describing a boat operator’s responsibilities for titling, registering, and operating their vessel. The current laws require the following:

• Titling: Owners must obtain a title for all sailboats and vessels with outboard motors with 5 horsepower or higher. Titles are not required for human-powered vessels (canoes and paddleboards), windsurfing boards, and U.S. Coast Guard-documented boats.
• Registration: Along with possessing a title for the watercraft in their name, owners must register any mechanized vessel used on navigable waters in the appropriate county, similarly to an automobile. 
• Boater Education: Anyone born after July 1, 2007, must complete an SCDNR-approved boating education course before operating any watercraft with a 10 HP or higher motor. There are some exceptions, listed under SC Code of Laws Section 50-21-95.

In addition to state laws, boat operators must abide by maritime laws, which govern all vessels sailing on U.S. navigable waters. The impact of these laws can determine whether your boat accident case falls into a state or federal jurisdiction. Our Columbia, SC boating accident lawyer can advise you on how to proceed. 

Our Boating Accident Attorneys Handle All Types of Incidents

Boat accidents do not always happen on the water, and each case will be completely unique. Fortunately, our attorneys can help you regardless of the circumstances. We are prepared to manage your case involving negligent parties in the following situations:

• Hitting submerged stumps, floating debris, docks, or buoys
• Sinking
• Being hit by a personal watercraft or a boat while swimming
• Falling overboard 
• Explosions and fires
• Chemical exposure
• Exposure to the elements when a vessel is stranded
• Being hit by propellers, oars, or other gear
• Injury from reckless, inexperienced, or drunk boat operators
• Damage from other boaters during loading or unloading

The U.S. Coast Guard (USCG) reported 156 boating accidents in South Carolina during 2023, with 23 fatal accidents and 24 deaths. Collisions with fixed objects accounted for 22 incidents, and 48 were from colliding with another recreational vehicle on the water. Recovering from the injuries these accidents cause is easier when you partner with a skilled attorney who prioritizes your needs. 

Powered Watercraft Are Especially Dangerous on South Carolina Waters

While it is possible to get hurt by an errant sailboat, the danger is much higher when a vessel is powered by large engines. Although rare, some powerboat owners bring their prizes to places such as Lake Wateree, Lake Marion, and Lake Murray. These vessels can reach speeds as high as 100 knots (115 mph), and an accident can cause catastrophic injuries and the loss of life. 

 

Other popular high-speed choices are Jet Skis, Sea-Doos, WaveRunners, and similar personal watercraft. Unfortunately, with South Carolina’s lax boating education laws, many of these fun-seekers may be poorly prepared to handle the power and speed that make these vehicles so attractive. The operators put swimmers, riders, and themselves at risk.

The Boat Operator Is Only One Potential At-Fault Party

Boat accidents on Lake Marion,  Lake Wateree, or other locations can be the result of negligence by more parties than just the boat operator. If the owner does not provide enough safety gear when loaning the vessel to a friend, they could be liable if someone is injured by falling overboard. 

Other potential situations include:

• An inexperienced boat driver ignores the no-wake zones and swamps a smaller vessel or people on paddleboards
• Tourists rent a boat without reviewing South Carolina’s boating rules, harming swimmers in the area through their negligence
• A boat operator drinks alcohol and operates their vessel while under the influence
• The marina staff damages a boat while removing it from dry dock, causing the vessel to sink
• Passengers or boat operators leave debris or trash in the water, causing injury to others
• Repair shop personnel perform subpar maintenance, leading to an engine malfunction that leaves passengers stranded

When more than one party is to blame, our Columbia boating accident lawyers can work to identify all potential compensation options. Our team will explain what is available and guide you through the insurance claim and lawsuit processes. 

Filing a SC Boat Accident Insurance Claim Can Be Complicated

Currently, there is no legal requirement for insurance on watercraft in South Carolina. In some instances, a boat accident falls under the operator’s homeowner’s insurance policy, but there is usually a limit to the coverage amount. Some marinas require owners to purchase liability coverage prior to accepting a boat, and it is a worthwhile consideration if you plan to spend a lot of time using your vessel on the lakes and rivers around Columbia, SC.

As of summer 2025, the South Carolina General Assembly is considering Senate Bill 26, which would require all boat owners to carry a minimum of $50,000 of liability insurance for boating accidents. It would also make it a misdemeanor to operate a boat without insurance. If the bill passes into law, violators would face a $50 fine for the first offense, a $500 fine for the second offense, and higher fines plus one year of imprisonment for a third or higher offense. 

When you file an insurance claim, the adjusters may insist that their policyholder is not to blame or that you are actually at fault. You may be unprepared to defend your interests, but Joe Cunningham can stand up for you and protect your rights. He will use his knowledge of the law and the insurance industry to maximize your settlement.

When an Insurance Claim Is Not Enough

While it is possible to file a claim against the boat operator who hurt you, the policy limits can reduce your financial recovery. If you have substantial medical bills, lost income, property damage, or other damages, our Columbia, SC boating accident lawyer may recommend filing a personal injury lawsuit against the individual instead. By discussing the potential options, you can have the information you need to make the right decision for your case.  

Filing a lawsuit requires acting within the South Carolina statute of limitations, which allows you three years to take action. There are some exceptions that may impact this limit, and Joe will discuss these with you if they affect your claim. By coming to us quickly, our boating accident attorneys in Columbia, SC can have the time needed to build a robust case. 

As we prepare your case for trial, we will continue settlement negotiations as we try to reduce your costs, stress, and time commitment. We keep you updated every step of the way with honest and respectful advice so you remain in control of your case. We also educate you on what to expect during the trial, such as how long it might take and whether you will need to appear in court.

We Are Your Representative Through Every Step of the Boating Accident Claim Process

The moments, days, and weeks after a boat accident can be filled with pain and uncertainty as you try to manage your injuries and the resulting aftermath. As soon as the event happens, you should contact 911 for emergency help, but you must also report what happened to the SCDNR if someone requires medical treatment, dies, or there is property damage over the U.S. Coast Guard (USCG) threshold of $2,000.

By calling Joe Cunningham after you have gotten medical assistance, we can begin advising you on what happens next. We can speak with insurance representatives on your behalf, firmly stating your claim and pushing back against lowball settlement offers. Our experience with boating accident cases allows us to communicate with the USCG and SCDNR to stay updated on any citations against the other driver.

If the other side does not meet your damage demands, we may recommend going to trial, where we will aggressively represent your interests. We will collaborate with experts in various fields to document your losses, effectively presenting evidence to establish negligence by the liable parties. If they face criminal charges, we can use this information to further persuade the judge and jury in your civil case. 

Severe Boat Accident Injuries Bring Substantial Losses

It is common for those harmed in a boat accident to suffer serious and even debilitating injuries. They may lose a limb, come close to drowning, experience brain injuries, or be paralyzed. Between emergency care and follow-up treatment, the medical bills pile up very quickly. 

Yet, there are even more losses you may overlook that contribute to your distress, and you deserve repayment for all of them. Our attorneys will examine your case and help you calculate the full value of your claim, which may include the following:

• Expenses for ICU, ER, surgery, and hospital stays
• Bills from specialists
• Mobility and medical devices
• Prescription and over-the-counter medications
• Lost wages, bonuses, promotions, and earning capacity
• Property damage to your boat, clothing, and other items

These economic damages are easily accounted for, but you can also seek compensation for your non-economic losses, such as pain and suffering. You can claim your mental anguish, diminished quality of life, permanent disability, and disfigurement. Each of these requires special formulas, but Joe Cunningham will strive to collect the most available for the harm you suffered.

Additional Losses After a Fatal Boating Accident

Tragically, many boating accidents end in the loss of life. Trying to move on after a loved one dies can seem impossible, and no amount of money will replace the person you have lost. Yet, obtaining compensation from those at fault allows you to have the time and resources you need to fully grieve. 

Under South Carolina law, the loved one’s personal representative can file a wrongful death action to benefit the spouse, children, parents, or heirs of the deceased. In addition to the damages listed above, the action may also request payment for funeral expenses, loss of inheritance and financial support from the deceased, loss of companionship, and your own pain and suffering. Our personal injury attorneys will handle your case with the utmost sensitivity and respect for your grief.

Contact Our Columbia SC Boating Accident Attorney Today

Joe Cunningham and his team are prepared to partner with you after a Columbia, SC boating accident, reducing your stress so you can focus on getting better. We aid you in your full emotional, physical, and financial recovery, and we will not rest until we reach a satisfactory outcome for you. You do not have to stand alone against those who hurt you when you put your trust in Joe Cunningham Law.

Remember, you do not pay our fees until we secure a settlement or jury award for you, so contact us today to arrange a free consultation. We will answer your questions about your boating accident in Columbia, SC, and help you get the justice and compensation you deserve.