Yacht Accident Attorney Near Me

As one of the United States’ original port cities, Charleston is known for its beautiful waterways and seaside resorts. Both visitors and residents alike commonly take advantage of Charleston’s booming water tourism industry, which boasts everything from historic yacht tours of Fort Sumter to sunset dinner cruises across the harbor. Although scenic, the water has its dangers. Navigational mistakes, sudden weather changes, and even unruly passengers can turn your coastal expedition into a trip to the emergency room.
If you were injured in a yacht or boating accident, you need an injury attorney with experience handling complex litigation. You need Joe Cunningham Law.
Joe Cunningham served South Carolina as a U.S. Congressman, and he’s ready to be your advocate after a serious accident. To schedule a free and confidential consultation with our experienced yacht accident attorney near me law firm, contact our Charleston law office online or call us at (843) 633-3360.
Most Common Yacht and Boating Accidents in Charleston
The Charleston Peninsula is uniquely situated between two navigable rivers (the Ashley and the Cooper), which both run into the busy Charleston Harbor. Various private yacht tourism companies offer educational, romantic, and recreational cruises around the peninsula, including daily rentals for weddings and boat parties.
Passengers on large yachts are subject to two common types of accidents: common injuries and those unique to waterways.
Common Accidents on Large Boats
Many passengers forget they’re even cruising when having dinner on a superyacht. Accidents in cruise dining areas often mirror those experienced by restaurant patrons. Examples include tripping, choking, and altercations with other passengers. Though not unique to yachting, our experienced injury lawyers might help passengers hold negligent boat operators, owners, and even other guests liable for your injuries under South Carolina and federal admiralty laws.
Accidents Unique to Waterways
Although any injury can occur on the water, certain accidents are unique to the boating industry. These often include the following:
Slip and Falls on Yachts
Even in calm waters, wakes and waves commonly splash water onto the deck. Boat decks are notoriously slippery because they need to be easily cleanable. When water splashes onto walkways without sufficient grip, it creates dangerous slip-and-fall conditions.
These falls are especially dangerous because passengers often slip on wet surfaces. This prevents them from breaking their falls and often results in significant traumatic brain and neck injuries. Slip and fall injuries are never a laughing matter since they’re a leading cause of traumatic brain injuries in the United States.
Falling Overboard and Drowning
Charleston’s historic boat tours are designed to create photo opportunities. Families often stand near or lean over the rails to take pictures. Yacht tourism companies boasting this experience must ensure that their ships have sufficient safety railings and features to protect passengers from falling overboard.
South Carolina safety requirements often include:
- Performing mandatory equipment safety checks
- Monitoring passengers closely
- Closing off dangerous and crew-only areas
- Training personnel to quickly respond to a man overboard
- Providing adequate rescue and medical devices
Safety is expensive, and some charter companies sacrifice safety features and training for money and aesthetics. If you or a loved one fell overboard during a river or harbor tour in Charleston, our yacht accident attorney near you can work with law enforcement to expose safety and training violations.
Alcohol-Related Yacht Accidents
Many recreational yacht tours involve alcohol. From party boats to tiki bar cruises, agencies throughout Charleston offer them all.
Though you are ultimately responsible for monitoring your intake, boat operators serving alcohol to passengers on the water are held to higher safety standards. They should not serve underage or clearly inebriated passengers alcoholic drinks, and must closely monitor publicly accessible areas. If you were pushed overboard or injured due to a drunk passenger or crew members failing to prevent a hazardous situation, immediately discuss your concerns with a yacht accident attorney near you.
Negligent Boat Operation
Even boat captains must follow waterway traffic laws in South Carolina, especially because boats are harder to operate than motor vehicles. Currents often control direction, meaning captains must keep a significant distance between themselves and other water vessels to avoid catastrophic crashes. Most direct waterway accidents are attributable to operator negligence, such as failing to follow posted speed limits, misjudging the current while docking, or executing turns too quickly.
Both the State of South Carolina and City of Charleston have specific laws applicable to waterway use. In Charleston, these address the following:
- Proper use of city boat landings
- Boating under the influence
- Safety equipment requirements
- Vessel safety and operator certifications
- Anchoring and mooring
- Speed and wake
- Passenger capacity
If the yachting company or its employees violated the South Carolina Boating and Safety Act of 1999, our lawyers might hold the company directly liable for any injuries.
Tides, Currents, and Weather
Yacht captains are responsible for monitoring the weather and, if necessary, cancelling tours or cutting them short to protect passengers. Unfortunately, this often means refunding ticketholders. Some negligent water tourism companies in Charleston ignore weather warnings and sail in less-than-ideal conditions. This might result in floors and railings slippery from rain, or strong waves that toss passengers off of vessels. Our experienced yacht accident attorneys might help you determine whether boat operators ignored bad weather and tidal warnings for profit.
Serious Injuries Commonly Sustained in Yacht Accidents
At Joe Cunningham Law, our attorneys work with clients suffering from a variety of injuries sustained on Charleston’s waterways. These commonly include the following:
- Traumatic Brain Injuries (TBIs): Often seen when yacht passengers hit their heads after slipping on a wet deck, or strike railings during falls from the upper deck.
- Broken Bones: Falls often result in fractured wrists, legs, and even vertebrae. Bad weather accidents can also toss passengers into walls and railings, causing fractures.
- Dislocated Hips: When one leg suddenly slips out from under you, this can cause painful hip dislocations.
- Drowning: Unfortunately, many yachting fatalities occur when passengers are forced overboard. Most drowning victims suffer from brain death due to asphyxiation (lack of oxygen), but even those who survive may still suffer from significant brain injuries and trauma.
- Spinal Cord Injuries: When passengers are tossed overboard, onto the deck, or over railings, they often strike boating equipment at unique angles. This frequently results in disabling spinal cord injuries such as paralysis, nerve damage, and slipped discs.
- Post-Traumatic Stress Disorder (PTSD): We take the psychological trauma associated with yacht accidents seriously. Our compassionate legal team cares about what trauma does to families when commonplace events or outings become traumatic.
If you suffered any physical or psychological injury on Charleston’s waterways, our yacht accident attorney near you can help seek compensation for your medical bills, lost wages, and pain and suffering.
Laws Applicable to Yacht Accidents Around Charleston
Many believe that traditional state negligence laws apply to boating accidents. There are unique maritime laws to consider when it comes to accidents involving yachts and other kinds of water vessels.
Understanding Federal Admiralty Jurisdiction
Any lawsuits related to accidents occurring on U.S. territorial waters (such as the Ashley River, Cooper River, Charleston Harbor, or coastal Atlantic Ocean) are subject to federal admiralty jurisdiction. This unique area of legal practice has a distinct body of case law applicable to boating accidents in Charleston. If you were injured on the water, a yacht accident attorney near you must apply the 4th Circuit’s maritime negligence standard. This means showing that the charter company had a duty towards you as a passenger and violated this duty through safety violations that resulted in your injuries.
Finding a Qualified Local Maritime Lawyer
Although the negligence standard in maritime cases is essentially the same as that applied in land accident cases, admiralty jurisdiction allows defense counsel to transfer state cases to the federal district court.
As the only former U.S. Congressman currently practicing personal injury law in Charleston, Joe Cunningham is uniquely qualified to handle the complex federal admiralty laws applicable to yachting and other waterway accidents.
Liability in Yacht Accident Cases
Yacht accident cases are more legally complicated than traditional motor vehicle accident claims, even though victims have similar financial recovery rights. With the right Charleston yacht accident lawyer on your side, you do not have to tread these legal waters on your own. However, it’s still important to understand how a qualified yacht accident attorney near you will pursue financial damages in your case.
Parties Potentially Liable for High-End Boat Accidents
Many superyachts and large party boats are owned by corporate conglomerates that rent the vessels to boat tourism companies. If you were injured in a yacht, our local maritime accident lawyers might hold all the following parties financially responsible:
- Vessel owner
- Tourism company
- Dock owner
- Other negligent boat operators
- Captain
- Staff
- Negligent passengers
- Boat rental/management company
Vessel owners and managers are generally responsible for the negligent conduct of their employees, such as yacht captains who crash into other vessels. They might also bear direct liability for safety violations, such as failing to provide for easily accessible life vests.
Fighting to Settle Superyacht Injury Claims
Most viable yachting accident claims settle with the liable insurance company, and yacht owners typically carry substantial bodily injury coverage. If you chartered a yacht for an evening of sightseeing, our attorneys will demand that all potentially liable defendants disclose their insurance information and policy limits. This allows us to identify the primarily liable insurer, including any umbrella insurance policies, to ensure wealthy luxury boat owners are not lowballing your claims. Do not be afraid of gilded letterhead. At Joe Cunningham Law, we defend innocent tourists and residents in Charleston and are not afraid to stand up to powerful insurance companies.
Available Compensation for Charter Boat Injury Victims
Passengers injured in yacht accidents might demand the following damages:
Medical Expenses
Eligible claimants are entitled to compensation for all reasonable and necessary medical bills related to the boating accident. This includes the cost of medical evacuations, hospitalizations, surgeries, rehabilitation, medications, and medical equipment. It also covers both past expenses and future anticipated medical needs.
Lost Wages and Benefits
Victims might also claim the value of any lost income related to their waterway injuries. This includes direct wages, such as salary and overtime, and lost business and promotional opportunities. Our experienced Charleston yacht accident lawyers might also demand the value of lost healthcare benefits, retirement contributions, and reduced overall earning capacity.
Pain and Suffering
We do not ignore the emotional trauma often associated with potential drowning accidents. At Joe Cunningham Law, we will demand damages for pain and suffering in your case. These damages compensate claimants for the fear, physical suffering, lost enjoyment of life, frustration, and inconvenience often associated with traumatic boat crashes.
Benefits of Retaining a Local Yacht Accident Law Firm
The Charleston Peninsula’s deep harbor makes it one of the few East Coast cities that can accommodate everything from superyachts to rowboats. Different federal, state, and local laws apply to each navigable body of water in Charleston, as well as the various vessels traversing the city’s waterways. Even if you were injured as a tourist, you need a local yacht accident lawyer with experience handling admiralty cases to litigate your claim.
We know how to handle powerful corporate yacht owners in Charleston and will fight for every client’s right to fair compensation for maritime safety violations. Further, we accept most viable cases on a contingency fee basis. This means we might fight for high-value compensation in your case without charging you any upfront legal fees or out-of-pocket costs.
Contact our Experienced Charleston Yacht Accident Attorney Near Me Law firm
Don’t trust just any law firm with your case: trust the client-first injury lawyers at Joe Cunningham Law. We have a record of serving the people of South Carolina and fighting for what’s right. To schedule a free and confidential case evaluation with our experienced yacht accident attorney near me law firm, contact our Charleston law office online or call us at (843) 633-3360.