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Motor Vehicle Accidents

Boating Under the Influence-Victim Options

Boating under the influence (BUI) is a serious issue that leads to many preventable accidents each year. When these accidents happen, victims are often left dealing with injuries, medical bills, and emotional stress.

Boating is a popular activity across South Carolina, especially along the coast, inland waterways, lakes and rivers throughout the Palmetto State. While time on the water can be relaxing and fun, it can quickly turn dangerous when someone operates a boat while impaired.

Understanding your rights as a BUI victim is important if you or a loved one has been hurt. Knowing your rights can help you take the right steps toward recovery and compensation.

  • Boating Under the Influence (BUI) is dangerous and preventable: Operating a boat while impaired puts everyone on the water at serious risk of injury or death.
  • Victims have legal rights: Understanding BUI victim options can help you take the right steps after an accident.
  • Serious injuries are common: BUI accidents often lead to traumatic injuries, including brain injuries, broken bones, and drowning-related harm.
  • Multiple parties may be responsible: The impaired operator, boat owner, or even a business that overserved alcohol may be held liable.
  • You may be entitled to compensation: Victims can recover damages for medical bills, lost wages, pain and suffering, and more.
  • Act quickly to protect your claim: South Carolina law limits the time you have to file a personal injury case.
  • Evidence is critical: Police reports, witness statements, and medical records can strengthen your case.
  • An experienced boating accident lawyer can help: A lawyer can guide you through your options as a BUI victim and fight for the compensation you deserve.

Boating under the influence happens when a person operates a boat while impaired by alcohol or drugs. In South Carolina, BUI laws are similar to DUI laws for drivers. The law considers a person legally impaired if their blood alcohol content (BAC) is 0.08% or higher.

However, even lower levels of alcohol can affect judgment, balance, and reaction time on the water. Operating a boat requires attention and skill, and impairment puts everyone at risk, including passengers, swimmers, and other boaters.

Boating accidents involving alcohol can be more severe than car accidents for several reasons:

  • There are no seat belts or airbags on boats
  • People can be thrown overboard and drown
  • Emergency response times may be slower on the water
  • Visibility and navigation can be more difficult

Alcohol also increases risky behavior, such as speeding or ignoring safety rules. These dangers make it even more important for victims to understand their boating under the influenceoptions after an accident.

  • Lake Greenwood, South Carolina (July 2025): 

Victims: Thomas Chandler Davis and Abby Catherine Davis,  both 23-year-old recent graduates of Clemson University.

Details: Their boat, carrying five people, was struck from behind by another vessel at approximately 1:42am.

Outcome: The driver of the striking vessel, Allen Sidney Benware Jr. III was arrested and charged with two counts of felony boating under the influence.

  • Horry County, South Carolina (2025): 

Victim: Corey Parag, 28, of Myrtle Beach died from blunt force trauma.

Details: The boat’s operator admitted to consuming alcohol while operating the craft.

Outcome: The driver, John Kody Ray was charged with BUI resulting in death.

Victims of boating accidents caused by impaired operators often suffer serious injuries, including:

These injuries can lead to long-term medical care, lost income, and lasting pain. Exploring boating under the influence victim optionscan help victims recover financially while focusing on healing.

In many BUI cases, more than one person or party may be responsible for the accident. Potentially liable parties include:

  • The impaired boat operator
  • The owner of the boat
  • A rental company that failed to check for safety
  • A bar or restaurant that overserved alcohol
  • A convenience or grocery store that sold to a minor

South Carolina law may allow victims to pursue claims against multiple parties. This is why it’s important to fully understand your options as a boating under the influencevictim with the help of an experienced attorney. Attorney David L. Hood and his legal co-counsel team are ready to help. Call us today!

Video: Victim of Boating Under the Influence Accident?

If you are involved in a boating accident caused by an impaired operator, taking the right steps can protect your health and your legal rights:

1. Seek Medical Attention: Even if your injuries seem minor, get checked by a medical professional. Some injuries may not show symptoms right away.

2. Report the Accident: Notify local law enforcement or the South Carolina Department of Natural Resources (SCDNR). An official report can be important for your case.

3. Gather Evidence: If possible, collect photos, witness names, and details about the accident. Evidence can help prove that alcohol or drugs were involved.

4. Avoid Speaking to Insurance Companies Alone: Insurance adjusters may try to minimize your claim. It’s best to speak with an attorney first.

Taking these steps can strengthen your claim and improve your boating under the influence victim options moving forward.

Victims of BUI accidents may be entitled to compensation for a wide range of damages. These can include:

  • Medical expenses (past and future)
  • Lost wages and reduced earning ability
  • Pain and suffering
  • Emotional distress
  • Rehabilitation costs
  • Property damage

In cases involving extreme negligence, punitive damages may also be awarded. These are meant to punish the wrongdoer and discourage similar behavior in the future.

Understanding your options as a BUI victim can help ensure you pursue the full amount of compensation you deserve.

To recover compensation, victims must prove that another party was negligent. In BUI cases, this often involves showing:

  1. The operator had a duty to operate the boat safely
  2. They breached that duty by boating under the influence
  3. The breach caused the accident
  4. The victim suffered damages as a result

Evidence such as breathalyzer results, witness statements, and accident reports can help establish fault. This is a key part of evaluating your options as a victim of BUI in any case.

In South Carolina, there is a limited amount of time to file a personal injury claim (the statute of limitations). In most cases, victims have three years from the date of the accident to file a lawsuit.

Waiting too long can result in losing your right to seek compensation. Acting quickly ensures you preserve your victim options and build a stronger case.

BUI cases can be complex. They often involve multiple parties, insurance companies, and detailed investigations. An experienced personal injury attorney can:

  • Investigate the accident
  • Gather and preserve evidence
  • Handle communication with insurance companies
  • Negotiate a fair settlement
  • Take your case to court if needed

At The Law Offices of David L. Hood, with over 35 years of helping people with tragic accidents, we understand how overwhelming these situations can be. Our team is committed to helping victims understand their options after a boating under the influence accident and guiding them every step of the way.

While legal action can help victims recover, prevention is key to saving lives. Some important safety tips include:

  • Never operate a boat while under the influence
  • Designate a sober operator
  • Wear life jackets
  • Follow boating laws and safety guidelines
  • Stay alert and aware of surroundings

Raising awareness about BUI dangers can help reduce accidents and protect others from harm.

If you or a loved one has been injured in a boating accident caused by alcohol or drugs, you don’t have to face it alone. The Law Offices of David L. Hood has years of experience helping injured individuals across South Carolina.

We are proud to have earned recognition from respected legal organizations and to have received over 100 five-star Google reviews. Our firm is dedicated to treating every client with care, respect, and personal attention.

At The Law Offices of David L. Hood, the firm’s strong reputation is backed by multiple respected awards that reflect both legal skill and client satisfaction. The firm has been recognized as part of the Nation’s Top One Percent by the National Association of Distinguished Counsel, an honor given to only a select group of attorneys across the country. In addition, we have earned the Platinum Client Champion award from Martindale-Hubbell, which is based on consistently high client ratings and reviews, showing a commitment to excellent service.

These awards, combined with decades of experience, show the firm’s dedication to delivering trusted, high-quality legal representation to injured clients throughout South Carolina.

We offer free consultations and work on a contingency fee basis, which means you don’t pay unless we get a recovery for you in your case.

Boating accidents can leave lasting physical, emotional, and financial damage. Knowing your rights and taking action can make a difference in your recovery.

If you are unsure about your next steps, speak with a legal professional who understands boating under the influence victim options and can help you move forward with confidence.

Contact The Law Offices of David L. Hood today to learn more about your legal options and begin your path to recovery. You can reach us by phone at any of our 18 South Carolina locations or by chat, text or email.