Hurt by a Drunk Boat Operator on Lowcountry Waters? How to Pursue a Boating Under the Influence Claim to Recover Damages for Your Injuries

KEY TAKEAWAYS:

South Carolina law treats operating a boat while impaired (BUI) as a criminal offense that can also support a civil injury claim, and a BUI arrest or conviction is strong evidence of negligence. Boaters, passengers, and swimmers injured by a drunk operator on Charleston Harbor, the Cooper and Ashley Rivers, or Lakes Marion and Moultrie may be entitled to compensation for medical bills, lost wages, and pain and suffering. Because boat insurance is not mandatory in South Carolina and BUI evidence can disappear quickly, involving a boat accident lawyer early helps preserve a full recovery.

Every summer, boaters fill Charleston Harbor, the Cooper and Ashley Rivers, and the waterways feeding into Lakes Marion and Moultrie. Most trips end without incident. Unfortunately, alcohol can turn an afternoon on the water into a life-changing event in seconds.

When a drunk boat operator injures a passenger, another boater, or a swimmer, South Carolina law gives victims a path to hold that operator, and sometimes others, financially accountable. If you were injured or a loved one died due to the drunk boat operator’s negligent actions, our experienced Charleston County boat accident lawyer at The Farmer Law Firm can help you identify all liable parties and fight for the compensation you deserve.

What Is Boating Under the Influence in South Carolina?

South Carolina law prohibits operating a motorized boat or vessel under sail when alcohol, drugs, or a combination of both materially and appreciably impair the operator’s ability to control it safely. A blood alcohol content of 0.08% or higher may support an inference that the operator was under the influence. Still, evidence of unsafe behavior, poor judgment, or impaired coordination may also matter.

Can You Sue a Drunk Boat Operator Who Caused Your Injuries?

Yes. A criminal boating under the influence (BUI) case and a civil personal injury claim are separate legal proceedings. Even if criminal charges are never filed—or do not result in a conviction—you may still have the right to seek compensation for your injuries. Likewise, a BUI conviction may provide important evidence that the operator failed to use reasonable care.

To recover damages, an injured person generally must prove that the boat operator owed a duty of reasonable care, breached that duty, and caused the injuries and resulting damages. Evidence that the operator was impaired by alcohol or drugs, and this caused your injuries, may help establish that breach. In addition, the drunk boat operator may have engaged in other negligent actions that contributed to the accident, such as speeding, texting while operating the boat, or failing to yield the right of way.

Who Else May Be Responsible for a Boating Accident?

Although the boat operator is often the primary person responsible for a boating accident, they may not be the only one legally at fault. Depending on how the accident occurred, other individuals or businesses may also share responsibility, including:

• The vessel owner. A boat owner may be liable if they entrusted the vessel to someone who was visibly impaired, inexperienced, or otherwise unfit to operate it, or if negligent maintenance contributed to the boat accident. 
• Rental companies and liveries. Businesses that rent boats may be liable if they provide an unsafe vessel or negligently rent it to someone who is clearly unqualified to operate it or was intoxicated.
• Equipment manufacturers. If a defective hull, steering system, engine, or other component contributed to the accident, a product liability claim may be available against the manufacturer or another party in the chain of distribution.
• Bars and restaurants. Under certain circumstances, South Carolina's dram shop laws may allow claims against businesses that unlawfully serve alcohol to an intoxicated person whose impairment contributes to a boating accident.
• Other passengers. Although less common, a passenger whose own negligent or reckless conduct contributed to the accident may also share responsibility.

Identifying every potentially responsible party is an important part of a thorough investigation. Doing so helps ensure liability is fairly assigned and that all available sources of compensation are considered for your injuries and other losses.

Boating Accident Reporting Requirements

South Carolina requires boat operators or owners to report certain accidents to the South Carolina Department of Natural Resources. A report is generally required when the accident involves:

• A death or a missing person. This includes circumstances suggesting that the missing person may be injured or dead.
• A serious injury. The reporting requirement applies when someone loses consciousness, needs medical treatment beyond first aid, or suffers a disability lasting more than 24 hours.
• Significant property damage. A written report may be required when the accident causes a total vessel loss or property damage of at least $2,000.

Reportable accidents generally must be submitted within 48 hours. Failing to comply may result in legal penalties, while a timely report can help preserve important facts for a civil injury claim.

What Compensation May Be Available After a BUI Boating Accident?

A successful drunk operator claim can account for both the immediate and long-term costs of a crash caused by an impaired operator, including:

• Past and future medical treatment, including emergency care, surgery, and rehabilitation
• Lost wages and reduced future earning capacity
• Pain and suffering and loss of enjoyment of life
• Property damage to a boat, motor, or personal belongings
• Wrongful death damages if a loved one died due to their injuries
• Punitive damages meant to punish especially egregious or reckless conduct

Does Boat Insurance Cover Injuries Caused by Boating Under the Influence?

South Carolina does not require boat owners to carry liability insurance. However, many marinas and lenders require insurance as a condition of docking or financing.

If the at-fault boat operator or owner has liability insurance, that policy may cover your losses. If insurance is unavailable or insufficient, our skilled boating accident lawyer may be able to pursue other legal options for you:

• Your own insurance coverage, if applicable. Depending on the terms of your boat, umbrella, homeowners, or other insurance policies, additional coverage may be available.
• A personal injury claim against the negligent operator or boat owner. Even if the drunk boat operator or owner had no insurance, you may have the right to pursue compensation directly from them.
• Claims against other responsible parties. If defective equipment, negligent boat maintenance, or the actions of a rental company contributed to the accident, additional claims may be available under the circumstances. 

Benefits of Hiring The Farmer Law Firm

The Farmer Law Firm brings a combination of experience that few Lowcountry firms can match. Our attorney regularly handles criminal DUI and BUI cases from the defense side, giving him insight into how impairment is investigated, tested, and proven in South Carolina. Here are other benefits of retaining attorney Merritt Farmer:

• Firsthand knowledge of how BUI arrests, field testing, and implied consent work under South Carolina law
• Guidance and personal attention from your initial free consultation through the settlement of your boating under the influence claim or trial
• Experience in identifying the cause of the boating accident and every liable party and insurance policy 
• Aggressive representation to help you obtain the compensation you deserve

Whether your case settles or requires litigation, our lawyer will gather evidence, deal directly with insurers, and work to hold every responsible party accountable after a boating accident caused by a drunk operator on South Carolina's waterways.