Boating Accident Lawyers

First, ensure the safety of all passengers and render aid to anyone injured. Call 911 and the nearest DNR law enforcement. Take photos and video of the damage, water conditions, and any injuries. Exchange information with the other boat operator(s), including boat registration numbers and insurance information. Get contact information from witnesses. In Georgia, accidents involving death, injury, or property damage over $2,000 must be reported to DNR within 48 hours (O.C.G.A. § 52-7-14). In South Carolina, the reporting threshold is also triggered by injury, death, or significant property damage (S.C. Code § 50-21-130).

It depends on where the accident occurred. Accidents on navigable waters — including the Atlantic Ocean, coastal waterways, the Intracoastal Waterway, and tidal portions of rivers — generally fall under federal admiralty jurisdiction. Accidents on purely inland lakes and non-navigable rivers are typically governed by state law. In many cases, both state and federal claims may be available. The distinction matters because admiralty law has different rules regarding liability, damages, and statutes of limitations.

For claims under Georgia state law, the statute of limitations is 2 years from the date of the accident (O.C.G.A. § 9-3-33). Under South Carolina state law, it is 3 years (S.C. Code § 15-3-530). For claims under federal admiralty law, the general maritime statute of limitations is 3 years. Wrongful death claims in admiralty must also be filed within 3 years. These deadlines are strictly enforced, so prompt legal consultation is essential.

In Georgia, it is illegal to operate a vessel with a blood alcohol concentration (BAC) of 0.08% or higher (O.C.G.A. § 52-7-12). South Carolina has the same 0.08% threshold (S.C. Code § 50-21-114). BUI is treated similarly to DUI and carries criminal penalties including fines and imprisonment. In a civil lawsuit, proving that the other operator was intoxicated at the time of the accident significantly strengthens your negligence claim and may support punitive damages.

Potentially liable parties include: the negligent boat operator, the boat owner (even if not operating at the time), rental companies and charter operators that failed to properly maintain vessels or screen operators, boat manufacturers (for defective design or equipment), marina and dock owners (for unsafe conditions), and employers (for commercial vessel accidents). Our attorneys investigate all potential sources of liability and insurance coverage.

Yes, if the rental company was negligent. Rental companies have a duty to provide boats in safe, seaworthy condition and to ensure operators have adequate instruction and safety equipment. If the company rented a boat with defective equipment, failed to provide required safety gear, or rented to an obviously impaired or inexperienced operator, they may be liable for resulting injuries. Waivers signed at rental companies are often not enforceable for injuries caused by gross negligence.

Boat operators are responsible for the wake their vessels create. If an excessive or negligent wake caused your boat to capsize, struck your vessel, or threw passengers from the boat, the operator who created the wake may be liable. Both Georgia and South Carolina have "no wake" zones near docks, marinas, and swimming areas. Violations of these speed/wake regulations establish negligence per se. Witness testimony and nearby surveillance footage are key evidence in wake-related cases.

Yes. Georgia law (O.C.G.A. § 52-7-8.2) restricts personal watercraft operation near other vessels and swimmers, prohibits operation after sunset, and requires operators born after January 1, 1998 to complete a boating safety course. South Carolina has similar restrictions (S.C. Code § 50-21-145). Jet ski accidents are disproportionately common due to the high speeds, maneuverability, and lack of protective barriers. Rental operators who fail to provide adequate safety instruction face additional liability.

Boating accident victims may recover: medical expenses (emergency care, surgery, rehabilitation), lost wages and future lost earning capacity, pain and suffering, emotional distress, scarring and disfigurement, loss of enjoyment of life, property damage to your vessel and personal belongings, and in cases of extreme negligence or BUI, punitive damages. In a death case, the family may bring a wrongful death claim; where Georgia law applies, damages are measured by the full value of the decedent's life (O.C.G.A. § 51-4-1).

At Roden Law, we handle boating accident cases on a contingency fee basis — you pay nothing upfront and owe no attorney fees unless we recover compensation for you. Boating accident cases often require marine accident reconstruction experts and specialized investigation, all of which we fund in advance. We provide free, confidential consultations to evaluate your case.