What to Do After a Boating Accident Near Columbia
Treatment comes first. A relative or friend can handle much of this while you are in the hospital.
- Get help fast. Call 911 from the boat or the shore. Describe the propeller strike, fall or collision to the ER team, then stick with every appointment that follows.
- Get the other operator's name and boat numbers. Someone with you can photograph the registration on the hull.
- Check that it gets reported. South Carolina requires certain boating accidents, including serious injury cases, to be reported to the Department of Natural Resources. That duty generally belongs to the operator.6 The law allows up to 48 hours for some reports and calls for immediate notice in others.5 SCDNR officers may respond on Lake Murray and the rivers, and the agency that investigated can tell you how to ask for records.
- Fix the location. Note the nearest cove, island, dock, marina or bridge, and drop a pin on a phone map if you can.
- Take pictures. Start with wounds and bruising, then the hulls, the chop and the sky.
- Get witness contacts. Ask for names and numbers from anyone on nearby boats, docks or the bank.
- Save broken gear. Life jackets, tow ropes, tubes and clothing can all matter later.
- Read before you sign. Marina, rental and insurance forms can wait until you've had questions answered.
On the Water Around the Midlands
Lake Murray draws boats, jet skis and fishing traffic from Irmo, Chapin and the Lexington County lake communities, with big crowds on summer weekends. Below the dam, the Lower Saluda draws tubers, kayakers and waders. SCDNR notes its water stays cold all year and its levels can change fast. Paddlers also use the Broad and the Congaree near downtown.
Which Law Applies on Lake Murray
Most recreational boating accidents on South Carolina's inland lakes are evaluated under state law. Federal maritime law may apply to accidents on waters that satisfy the federal test for admiralty jurisdiction, but the ability to operate a boat on a lake does not automatically satisfy that test. The applicable law depends on the waterway and circumstances of the accident.7
For Lake Murray itself, federal courts have held that the lake is not navigable for purposes of federal admiralty jurisdiction, so boating accident claims there are generally governed by state law.1
An accident on the Lower Saluda, the Broad or the Congaree is a separate question, and the answer depends on that stretch of river and what happened there.7
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
How Long You Have to File
Under South Carolina law, most injury claims must be filed within three years.2 That time runs toward a lawsuit, and an open insurance claim won't stop it.3 If a state or local agency's boat or worker was involved, the claim has its own clock, which can run out sooner.4
Rentals, Tours and Marina Forms
A jet ski rental, a pontoon outfitter or a marina may hand you forms with waivers or other fine print. Keep a copy of everything you signed before the trip. Hold off on signing anything new until a lawyer has looked at it.
Talk With Us
When the other boater is a friend or neighbor, a claim can feel awkward. We start by listening. If you hire us, the insurers can usually deal with us, and we go over your options with you.
Our office is on King Street in Charleston. We take cases across South Carolina, including Lake Murray and the rest of the Midlands. The first conversation can happen by phone. See the statewide boat accident page for more, or read about catastrophic injuries in Columbia if the injuries are severe.
When you call, bring any papers you've received.
South Carolina Law on This
- Federal courts have held that Lake Murray is not navigable for purposes of federal admiralty jurisdiction, so boating accident claims there are generally governed by state law.1
- Most personal injury claims in South Carolina must be filed within three years.2
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.3
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.4
- South Carolina law requires certain boating accidents to be reported to the Department of Natural Resources. The statute provides for a report within 48 hours, and immediate notification for accidents involving death, loss of consciousness or serious bodily injury.5
- After a boating accident in South Carolina, an operator generally must help anyone injured if it can be done safely, give their name, address and boat identification in writing, and report certain accidents to the Department of Natural Resources.6
- Most recreational boating accidents on South Carolina's inland lakes are evaluated under state law. Federal maritime law may apply to accidents on waters that satisfy the federal test for admiralty jurisdiction, but the ability to operate a boat on a lake does not automatically satisfy that test. The applicable law depends on the waterway and circumstances of the accident.7
Frequently Asked Questions
Does federal maritime law apply to an accident on Lake Murray?
Generally not. Federal courts have held that Lake Murray is not navigable for federal admiralty purposes, so claims from boating accidents there are generally governed by state law.1
My friend was at the wheel. Can I still bring a claim?
Possibly. A day out with friends doesn't rule out a claim if the person driving was careless and that caused your injuries. Whose insurance may respond depends on who owns the boat and what policies are in place. A lawyer can help you sort out your choices before you decide anything.
The boat that hit us kept going. What now?
Give the officers every detail you can recall: hull color, length, the motor, and any registration numbers or name. People on docks, the shore or nearby boats may have seen it too.
The other driver was charged with BUI. Does that take care of my claim?
No. A criminal charge and an injury claim are separate tracks, and a lawyer can explain how they relate. Talking with an insurer does not stop a South Carolina filing deadline from running.3
Sources
- Flath v. Bombardier, Inc., 217 F.3d 838 (4th Cir. 2000) (unpublished); Mullins v. Dominion Energy South Carolina, Inc. (D.S.C. 2022)
- S.C. Code § 15-3-530
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code § 50-21-130
- S.C. Code § 50-21-130 (as amended by 2008 Act No. 321)
- Federal admiralty jurisdiction test (navigability in the legal sense, including relationship to interstate or foreign commerce); see Flath v. Bombardier, Inc., 217 F.3d 838 (4th Cir. 2000) (unpublished)
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
