In our historic coastal city, many spend their days on the water. Charleston tourists and locals will likely be found hitting our vast waterways for a sunset cruise, fishing with friends, or enjoying a beautiful day in the Charleston sun.
While there is always fun to be found on the deck of a boat, unfortunately, one can also encounter some unexpected dangers.
Keep reading as we help you understand what to do if your lowcountry vacation takes a turn with the tide.
Understanding Maritime Law
Operating a large vessel is much like operating a car – there are dangers around you and within the machine’s equipment.
Negligence laws that are taken into consideration in the event of the unexpected, however, the “law of the sea” operates under different regulations than land-based accidents.
What is Maritime Law?
Maritime law, also known as admiralty law, is a group of laws covering incidents that happen at sea or in “navigable waters.” Navigable waters are bodies of water used for interstate or international commerce, such as lakes, rivers, or wetlands.
When Does Maritime Law Apply?
Unlike a car accident on land, maritime laws don’t immediately come into effect when a boating accident occurs. Here are some scenarios where maritime laws may apply:
• Injuries that occur on ships and boats
• Dock or harbor accidents and subsequent injuries
• Disputes in relation to cargo and shipping deals
• Passenger injuries
The enactment of maritime laws often comes down to the location of the incident. If the incident occurred on navigable waters, it doesn’t matter if you were injured on a major marine vessel or a small charter boat – you may be covered under maritime law.
What to Do in the Event of a Boating Accident in Charleston, SC
While boating promises adventure and escape, accidents happen. Here are some key steps to take if you have become the victim of a boating accident in Charleston, SC:
Safety is Paramount
The first step in an accident is to stop the boat and ensure everyone is accounted for and uninjured. If there is an injury, call 911 for immediate medical attention. As you wait for help to arrive, give attention to the injuries where you can with help from a first-aid kit.
Report the Accident
Whether the boating accident is serious or minor, it is vital to make an official report. Report the incident to the Coast Guard or law enforcement officials, as an official accident report will help your boat accident attorney in case of a claim or lawsuit.
In South Carolina, the law requires you to report a boating accident to the SCDNR if the crash resulted in more than $2,000 worth of property damage, a totaled vessel, a missing person, a serious injury, or death.
Gather Evidence and Information
As with a car accident, information is crucial in your boating accident case. Take photos of the vessels involved, damages, identification numbers, passenger injuries, and the scene of the accident.
Continue to gather contact information from all parties involved, including names of insurers from other boat operators and contact information from passengers and witnesses.
Consult a Charleston Boating Accident Lawyer
A boating accident can be an overwhelming and terrifying experience, let alone navigating the aftermath on your own. With an experienced boat accident lawyer on your side, we can help investigate the accident for proof of liability, interview passengers and witnesses, consult with medical professionals, and fight for your right to fair and just compensation.
Key Takeaways on Boating Accidents in South Carolina
According to the South Carolina Department of Natural Resources, South Carolina has 8,000 miles of rivers, 460,000 acres of lakes, and 3,000 miles of coastline. While this landscape presents incredible opportunities for fishing, jet skiing, or boating, it also presents opportunities for accidents.
While boating accidents occur on the seas, there are various similarities to land-based car accidents in terms of negligence laws, liability, and recoverable damages.
On Land or By Sea: South Carolina Negligence Laws
Whether by land or by sea, your ability to recover compensation in the event of an accident is governed by South Carolina’s negligence laws.
South Carolina’s negligence laws state that the operator owes a responsibility to others around him/her to operate their vehicle in a safe manner, known as duty of care. When this duty of care is breached, negligence is at the forefront.
South Carolina follows a modified form of the comparative negligence system, called the 51% rule. This rule dictates you can only recover damages in a personal injury claim if your share of the fault is 50% or less.
The Similarities in Car Accidents vs. Boating Incidents
Car accidents and boating accidents are similar when it comes to matters concerning documentation, liability, and compensation.
In both land and sea accidents, an incident report will need to be filed by the proper authorities. This document provides a detailed report on the event itself and all parties involved. It can also be a critical piece of evidence when it comes time to file a claim.
When an injury or property damage occurs in a car accident, your automobile insurance policy will activate within the parameters of your coverage – the same can be said for boating incidents. In a boating accident, your boat insurance policy will cover liability and property damage up to the extent of your coverage limits.
Finally, the goal of a personal injury claim is to recover what was lost both during and after the accident. Similar to a car accident, the following losses are most commonly eligible for compensation:
• Attorney fees
• Medical bills and future visits
• Property damage
• Lost wages
• Loss of consortium and companionship
• Emotional distress
• Pain and suffering
If you or a loved one has been involved in a boating accident, our team of personal injury lawyers at Hoffman Law Firm is here to help.
Injured in a Boat Accident? Leave it to Hoffman Law Firm
Boating accidents can be a frightening ordeal to experience, but our team at Hoffman Law Firm is here to help.
As one of the leading personal injury law firms near you, we are experienced in boating accident claims and can help you navigate the aftermath with ease and peace of mind. With offices located in Charleston and Georgetown, SC, we proudly advocate for accident victims throughout the Palmetto State.
If you or a loved one has been injured in a boating accident, schedule your free consultation with a personal injury attorney near you today.
