After a Boating Accident in Spartanburg County
Treatment comes first. A family member or a friend from the boat can handle most of the rest.
- Get help fast. Call 911 if anyone is hurt or missing in the water. Tell the ER how it happened, and keep every follow-up and therapy visit.
- Get the other operator's details. Name, address and the registration numbers on the bow. Someone can photograph the hull.
- Make sure it gets reported. South Carolina requires certain boating accidents to be reported to the Department of Natural Resources, including those with serious injuries. Usually the person driving the boat is the one responsible for making that report.6 The law provides for some reports within 48 hours and immediate notice for others.5 SCDNR officers or lake wardens may respond, and they can say how to get records.
- Note where it happened. A ramp, a point of land or the I-26 bridge over Lake Bowen helps pin it down. A saved map location on someone's phone works too.
- Photograph it. Injuries first, then both boats, the water and the weather.
- Collect names. Folks on the next pontoon or along the shore may have watched it happen.
- Hold on to broken gear. Life jackets, tow ropes, tubes and clothing all stay as they are.
- Hold off on signatures. A boat owner, a rental company or an adjuster may put a release in front of you. Many people talk with a lawyer first.
Which Law Applies on Lake Bowen and Lake Blalock
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
Deadlines That May Apply
If South Carolina law governs, most injury suits have a three-year deadline.2 The deadline is for going to court, and a claim with an insurer doesn't hold it.3 If a government agency turns out to be responsible, a separate and possibly shorter deadline applies.4
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Rental Contracts and Release Forms
A pontoon rental, a jet ski outfit or a fishing guide may have had you sign a contract before you went out. Hang on to your copy, along with receipts and any texts or emails about the booking. Get it in front of a lawyer early, before you sign anything else.
Talk With Us
A lake day with family can turn bad in seconds, and it's hard to think about a claim when you know the people involved. We start by listening. If you hire us, the insurers can usually deal with us, and we'll be honest about your options.
We take cases across South Carolina, including Spartanburg County. If a part or the boat itself failed, see defective product claims in Spartanburg. For lasting injuries, see South Carolina boat accident law.
Have any papers you've received handy when you call.
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 buddy was driving the pontoon. Can I really make a claim?
Possibly. If a friend's carelessness caused your injuries, you may have a claim even though it was a day out together. Coverage hinges on whose boat it was and which policies apply to it. A lawyer can help you think it through before you decide anything.
The other boat took off toward the ramp. What can I do?
Give the responding officers or wardens every detail: hull color, size, the motor and any lettering or numbers. People fishing from the bank or sitting on a nearby dock may have seen it too.
The other operator was charged with BUI. Does that decide my injury case?
No. The BUI case runs on its own track in criminal court, and a lawyer can walk you through how your civil claim sits beside it. Meanwhile, back-and-forth with an adjuster doesn't stop any South Carolina filing clock.3
How do we start if you're in Charleston?
The first conversation can happen by phone. Our office is on King Street in Charleston.
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.
