First Steps After a Boating Accident Near North Charleston
Treatment first. Others can do the rest.
- Radio the Coast Guard, or dial 911.
- Describe the impact to ER staff.
- Get the operator's name, address and registration.
- Photograph the hull numbers.
- Note the nearest marker, dock or bridge.
- Drop a phone pin if you can.
- Photograph injuries, boats, water, weather.
- Get witness numbers.
- Keep broken life jackets, ropes and tubes.
- Read before signing.
South Carolina law requires certain boating accidents to be reported to the Department of Natural Resources. After a boating accident, 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.5 The statute provides for a report within 48 hours, and immediate notification for accidents involving death, loss of consciousness or serious bodily injury.4
The Water Around North Charleston
The Cooper River runs down North Charleston's east side, past the port terminals and under the Don Holt Bridge on I-526. The tidal Ashley runs along the southwest edge. Noisette and Filbin creeks feed in between. Tugs, barges, fishing skiffs and jet skis share some of that water.
South Carolina and Federal Law on Boat Accidents
Which Law Applies
Injury and death claims arising from a maritime accident generally must be filed within three years under federal law.1 Not every boating accident falls under federal maritime law; federal admiralty jurisdiction generally requires both a qualifying location on navigable waters and a sufficient connection to traditional maritime activity. Some accidents may be governed by South Carolina law instead.2 Most personal injury claims in South Carolina must be filed within three years.6 South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court.7 Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter.8
If the Owner Goes to Federal Court
A boat's owner can ask a federal court to limit liability to the value of the boat after the accident.9 If that happens, the court may set a separate deadline for injured people to file their claims, which can be much shorter than the ordinary three-year maritime deadline. Missing the court's deadline can jeopardize recovery.3 Got a court notice? Call right away.
Tickets and Charters
Tickets for some passenger and charter boats may shorten the time to give notice of an injury claim or to file suit. For covered vessels, federal law sets minimum periods that a ticket cannot shorten.10 Keep the ticket or rental paperwork.
Our statewide page explains how boat accident claims work.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
A river day with friends can end badly. Claims feel awkward when you know everyone aboard. We listen first. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including North Charleston. Our office is on King Street in downtown Charleston. A part failed? See our North Charleston product liability page.
South Carolina Law on This
- Injury and death claims arising from a maritime accident generally must be filed within three years under federal law.1
- Not every boating accident falls under federal maritime law. Federal admiralty jurisdiction generally requires both a qualifying location on navigable waters and a sufficient connection to traditional maritime activity, and navigability is a legal determination, not simply whether the water can carry boats. Some accidents, particularly on certain inland lakes or waterways, may be governed by South Carolina law instead.2
- A boat owner may file a federal court proceeding under the Limitation of Liability Act seeking to limit liability for an accident. If that happens, the court may set a separate deadline for injured people to file their claims, which can be much shorter than the ordinary three-year maritime deadline, and other litigation may be restricted. Missing the court's deadline can jeopardize recovery.3
- 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.4
- 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.5
- Most personal injury claims in South Carolina must be filed within three years.6
- 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.7
- 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.8
- A boat's owner can ask a federal court to limit liability to the value of the boat after the accident. Once that case is filed, other lawsuits are generally stopped, and claims must be filed in the federal case by a court-set deadline.9
- Tickets for some passenger and charter boats may shorten the time to give notice of an injury claim or to file suit. For covered vessels, federal law sets minimum periods that a ticket cannot shorten.10
Frequently Asked Questions
My buddy was driving the boat. Can I still make a claim?
Possibly. If his carelessness caused it, a claim can exist even on a fun day out. Insurance depends on the boat, the owner and the policies. Get answers before deciding anything.
The other boat fled. What do I do?
Give officers everything: hull color, length, motor, any name or numbers. Folks on docks or other boats may have seen it.
The other operator got charged with BUI. Does that settle my case?
No. Criminal and civil cases run separately. Simply opening a claim with an insurance company does not stop the statute of limitations from running.7
Do I have to come downtown to talk?
The first conversation can happen by phone. Our office is on King Street in downtown Charleston, south of North Charleston by way of I-26 or Rivers Avenue. When getting to King Street is hard, we can come to the hospital, to your home or to another place that's easier for you.
Sources
- 46 U.S.C. § 30106
- 28 U.S.C. § 1333; Foremost Ins. Co. v. Richardson, 457 U.S. 668 (1982); Sisson v. Ruby, 497 U.S. 358 (1990)
- 46 U.S.C. §§ 30501 et seq.; Supplemental Admiralty Rule F
- S.C. Code § 50-21-130
- S.C. Code § 50-21-130 (as amended by 2008 Act No. 321)
- 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
- 46 U.S.C. §§ 30523 and 30529 (formerly §§ 30505 and 30511; renumbered by Pub. L. 117-263 in 2022); Supplemental Admiralty Rule F
- 46 U.S.C. § 30526
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
