Suing for Boating and Jet Ski Accidents on South Carolina Lakes and Coasts: Timelines & Liability

South Carolina is home to beautiful waterways, from the bustling intracoastal waterways of Myrtle Beach to the expansive waters of Lake Murray. Unfortunately, the high volume of recreational watercraft frequently leads to devastating maritime accidents. Unlike standard car crashes, boating and personal watercraft (PWC) collisions are governed by a complex mix of state boating regulations and sometimes federal maritime law. Seeking compensation requires navigating investigations by the South Carolina Department of Natural Resources, Columbia and understanding specific liability rules. If you have been injured on the water, browsing our directory of US Lawyers can help you find an experienced South Carolina personal injury attorney to evaluate your claim.

Step-by-Step Process in South Carolina

Step 1: Reporting the Accident to Authorities

Under S.C. Code Ann. § 50-21-130, any boating accident that results in death, a missing person, an injury requiring medical treatment beyond first aid, or property damage exceeding $2,000 must be officially reported. You must immediately notify the South Carolina Department of Natural Resources, Charleston or local marine patrol. Following the initial report, operators or vessel owners are required under S.C. Code Ann. § 50-21-130 to submit a full written report-such as Form CG-3865, FED, U.S. Coast Guard, Recreational Boating Accident Report or the state equivalent-within 48 hours of the accident, even for property damage; failing to file within 48 hours can result in a mandatory one-year suspension of operating privileges.

Step 2: Pursuing Boating Under the Influence (BUI) Claims

Alcohol is a leading factor in maritime accidents. Under S.C. Code Ann. § 50-21-112, operating a moving watercraft while under the influence of alcohol or drugs is strictly prohibited. If an operator is cited for BUI, their criminal conviction can be used in civil court as 'negligence per se.' This means the court automatically presumes the operator breached their duty of care. You can file a lawsuit in the Richland County Court of Common Pleas, Columbia to seek compensatory damages and, in cases of extreme recklessness, punitive damages.

Step 3: Liability for Jet Ski Collisions

Jet skis and other personal watercraft (PWCs) are subject to specific operational rules. In popular destinations like Myrtle Beach, PWC operators must wear approved flotation devices, utilize an engine cutoff lanyard, and are legally prohibited from operating between sunset and sunrise. If a jet ski operator acts recklessly-such as jumping the wake of another vessel too closely or weaving through congested traffic-and causes an injury, they can be held directly liable for the resulting medical costs.

Step 4: Establishing Liability for Severe Wake Damage

Many boaters mistakenly believe they are only responsible if their vessel physically strikes another. However, under S.C. Code Ann. § 50-21-110, boaters are legally responsible for the wake their vessel creates. If a large boat speeds through a 'No Wake' zone and generates a massive wave that swamps a smaller fishing boat or slams a passenger into the bulkhead, the speeding operator can be sued for the resulting property damage and personal injuries.

How Much Does it Cost in South Carolina?

Pursuing a maritime or boating injury claim involves several legal and administrative costs. While most personal injury lawyers work on a contingency fee basis (meaning they take roughly 33% to 40% of the final settlement only if you win), you should be aware of the following potential expenses:

• Court Filing Fees: Filing a civil lawsuit in a South Carolina Circuit Court generally requires a standard filing fee of around $150.
• Marine Accident Reconstruction Experts: Because water lacks skid marks, hiring a maritime expert to recreate the accident based on GPS and vessel damage is often necessary. These experts typically charge between $3,000 and $7,500.
• Medical Records Retrieval: Obtaining certified copies of your hospital and physical therapy records can cost between $50 and $200.

How Long Does the Process Take?

In South Carolina, the statute of limitations for filing a standard personal injury lawsuit is three years from the date of the accident, as outlined in S.C. Code Ann. § 15-3-530. However, if your accident occurred on navigable federal waters (such as the Atlantic Ocean or certain large interstate waterways), federal maritime law may apply, which also generally carries a three-year statute of limitations. Gathering DNR reports, negotiating with boat insurance providers, and reaching a settlement typically takes 9 to 18 months. If the insurance company refuses to offer a fair settlement, taking the case to a full jury trial can take 2 to 3 years.

Frequently Asked Questions (FAQ)