What to Do After a Boating Accident on an Upstate Lake
Treatment comes first. If you are in the hospital, someone who was on the boat with you, or a relative, can pick up most of these tasks.
- Call for help. Dial 911 or radio from the water. Explain to the ER staff that it was a boating injury, then keep going to every appointment they set up.
- Get the other operator's details. Name, address and the boat's registration numbers. A passenger can photograph the numbers on the hull.
- Make sure it gets reported. South Carolina law requires certain boating accidents to be reported to the Department of Natural Resources, with some reports due within 48 hours and immediate notice for deaths, loss of consciousness or serious injuries.5 Reporting is generally the operator's job.6 SCDNR officers may respond on the lakes, and you can ask the investigating agency how to get its records.
- Note where it happened. Write down the nearest cove, marina, bridge or channel marker, or drop a pin on your phone.
- Take pictures. Your injuries matter most. After that, the hulls, the waves and the sky that afternoon.
- Collect names. Get phone numbers from people on nearby boats, docks or the shore.
- Hold on to broken gear. Life jackets, tow ropes, tubes and anything else that failed should be kept, not thrown out.
- Wait before signing. Owners, rental outfits and insurers may hand you forms. A lot of people get a lawyer's view before they sign.
The Lakes Around Greenville
Lake Hartwell sits on the Georgia line, and Lake Keowee and Lake Jocassee are to the west in Oconee and Pickens counties. Holiday weekends bring crowded coves, wakes from bigger boats and jet skis cutting close. Jocassee is known for deep, cold water and waterfalls reached only by boat.
Which Law Applies on the Upstate Lakes
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.1
Lake Hartwell is shared with Georgia, so for an accident there the question can be worth a closer look. That doesn't settle which law applies; it means the details of where and how the accident happened matter.
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
If South Carolina law governs the claim, most injury claims must be filed within three years.2 That limit is for a lawsuit in court, and an insurance claim does not pause it.3 If a state or local government agency is responsible for someone involved, the claim has its own limit, which can be shorter.4
If you receive court papers from a boat owner or an insurer, call a lawyer right away. Keep any rental agreement or ticket, too.
See our statewide boat accident page for more. For severe injuries, see catastrophic injuries in Greenville.
Talk With Us
Most boating injuries start on a good day with people you care about, and that can make a claim feel uncomfortable. Our first step is hearing how the day on the lake went wrong.
Our office is on King Street in downtown Charleston. The first conversation can happen by phone. We take cases across South Carolina, including Greenville and the Upstate lakes. If you hire us, the insurers can usually deal with us.
Tell us about the day and any papers you have received since.
South Carolina Law on This
- 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.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
Frequently Asked Questions
My friend was driving the boat. Can I still make a claim?
Possibly. A day on the lake with friends doesn't rule out a claim if the person at the helm was careless. Whether any insurance covers it turns on the boat, who owns it and the policies involved, and a lawyer can go over that with you.
The other boat took off. What can I do?
Tell the SCDNR officer or deputy what that boat looked like: its color, length, motor and any lettering on the hull. Anglers in a cove or families at a marina on the same stretch of lake may have noticed it.
Who has to report a boating accident?
The other operator was arrested for boating under the influence. Does that decide my claim?
No. The criminal case and an injury claim run separately, and a lawyer can explain how they relate. Talking to an insurer while the criminal case moves along does not stop a South Carolina filing deadline.3
Sources
- 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)
- 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)
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
