Personal Injury Specialized Area of Practice In South Carolina

Boating Accidents

Boating in South Carolina, with its many lakes, rivers, and coastal Lowcountry, is a leisure activity many people enjoy. However, a beautiful day on the water can take a sharp turn, if reckless operators become negligent, operate under the influence, or disregard rules.

Federal, state, and international maritime laws each have regulations regarding boating accidents. As a result, building a claim to receive compensation can be a complicated process.

If you have been injured or affected by a boating accident anywhere in South Carolina, there are steps you can take to hold negligent boaters accountable. Call The Feidler Law Firm at 843-790-9015 for a FREE consultation to discuss your case. We understand the ins and outs of your local boating laws as well as the small details that can make or break a case. Get the compensation you deserve. This includes medical bills, lost wages, and pain and suffering.

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Boating Accident Liablity

South Carolina boat owners are not required to carry liability insurance like motor vehicle owners. If the driver of the boat does have insurance, then the insurance carrier will be financially responsible for injuries the boat owner caused. However, if a boat owner is not insured, an experienced personal injury attorney may be able to assist you and indentify other sources of recovery so you can be compensated for your injuries. Insurance companies are notorious for taking advantage of victims involved in a boat accidents and we know all the tricks and excuses insurance companies come up with to deny you compensation. Regardless if there is liability insurance available, the claims process can be complicated. In additional to liability insurance, you may be able to seek recovery from additional insurance policies, including homeowner’s insurance.

boating accidents

Types of Boating Accident Cases

  • Hitting a big wave or wake at an excessive speed
  • Deciding to navigate in heavy weather, causing individuals to fall overboard or be injured
  • Contact with propellers
  • Fires or explosions
  • Capsizing
  • Operating at a high speed
  • Failing to carry safety equipment on board such as life vests
  • Collisions with other boats or fixed objects
  • Failing to know the “rules of the water,” as required by the FFWCC
  • Overcrowding and overloading the vessel
  • Boating under the influence of alcohol or drugs
  • Operator inexperience or failure to pay attention

Types of Recoverable Damages

In South Carolina, damages are what you are entitled to if you are injured in a boating accident. Another way to put it is, what can you all be compensated for if you are injured in a boating accident in South Carolina.

  • Medical bills
  • Lost Wages and diminished earngin capacity
  • Pain and Suffering
  • Loss enjoyment of life
  • Property Damage
  • Punitive Damages (if it is determined that the at-fault operator of the boat was willful or reckless)
If I Don’t Own The Boat, Who Has Liability In the Case of a Boating Accident?
If you are operating a boat that you do not own, you may be liable in the event of a boating accident. Boat owners are typically responsible for any damages or injuries that occur as a result of their boat, so if you are not the owner, you may be held accountable for any damages or injuries that occur. It is important to check with your insurance provider to see if you are covered in the event of a boating accident. You may also want to check with the owner of the boat to see if they have any insurance that would cover you in the event of an accident. If you are not covered by insurance, you may be responsible for any damages or injuries that occur. It is important to be aware of the risks involved in boating and to take all necessary precautions to avoid accidents.
Can Multiple People Be Liable In A Boating Accident?

Yes, there are a few situations in which multiple parties may be held liable for a boating accident. For example, if the boat owner and the operator are two different people, both may be held liable. Or, if the boat was not properly maintained and this contributed to the accident, both the owner and the operator may be held liable.

When it comes to boating accidents, there is often confusion over who is liable. The answer depends on a few factors, including who was actually operating the vessel at the time of the accident and whether or not the owner was present.

If the boat owner was not present at the time of the accident, then the operator will likely be held liable. This is because the operator is responsible for the safe operation of the vessel. If the operator was negligent or careless in their operation of the vessel, then they will be held liable for any accidents or injuries that occur.

However, if the owner was present at the time of the accident, then they may be held liable instead of the operator. This is because the owner is ultimately responsible for ensuring that the vessel is operated safely. If the owner was negligent or careless in their supervision of the vessel, then they will be held liable for any accidents or injuries that occur.

In either case, if the boat operator or owner was negligent or careless in any way, they may be held liable for any damages caused by the accident. This includes damages to the boat, injuries to passengers, and any other losses incurred as a result of the accident.

Does Common Carrier Law Apply To Boating Accidents?
No, personal boats are not subject to common carrier law. This means that the owners of these vessels are not held to the same standards as commercial carriers, and are not liable for any damages that occur as a result of their negligence. This can be both good and bad; while personal boat owners don’t have to worry about being held responsible for accidents, they also don’t have the same level of protection offered by common carrier law.
How long do I have to file a lawsuit for a boating accident in South Carolina?
If you were injured in an accident with a boat or a jet ski, you must file your lawsuit no later than three years after the date that it occurs. However, it is important for you to talk to a lawyer as soon as possible after your jet ski or boating accident. Important evidence that supports your claim may be lost over time. Boating accidents may also require substantial investigation that requires sufficient time. The best approach is for you to call an injury lawyer as soon after you have sought medical treatment as possible so that you do not forfeit your ability to recover damages.
Can I sue if my loved one was killed in a boating accident?
South Carolina provides a legal remedy for people who have lost their loved ones in boating accidents under the wrongful death statute. Under this law, a lawsuit can be filed by the executor or administrator of the decedent’s estate on behalf of the surviving family members. If you have been named as the executor of your loved one’s estate, the attorneys at the Lovely Law Firm can help you to file a wrongful death claim.
Dangerous wake boating accident

Boating Accident Lawsuit Fee Arrangement

The Feidler Law Firm believes that everyone deserves high-quality legal representation, no matter their financial status. Therefore, we operate on a contingency fee basis, which means you pay us only when we win your case. Our fee would come in the form of a percentage of the settlement or verdict amount we obtain. If there is no recovery, there will be no attorneys’ fees.

Don’t navigate the complex waters of boat accident liability alone. If you or someone you love has been injured in a boating accident, call The Feidler Law Firm for a free consultation at 843-790-9015 or use the webform.

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