## Boat accident claims in South Dakota Boating accidents combine state law, federal law, U.S. Coast Guard regulations, and (sometimes) admiralty / maritime law — making them more complex than ordinary auto-accident cases. South Dakota boating-injury claims get a 3 years statute of limitations. ### South Dakota BUI rules Boating Under the Influence (BUI) limit: 0.08 BAC. ## Common causes - **Operator inattention** — leading cause of boating crashes per Coast Guard data - **Operator inexperience** — boating-license requirements vary by state - **Excessive speed** - **Alcohol use** — sun + alcohol = impaired faster than on land - **Drug use** - **Equipment failure** — engines, steering, fuel systems - **Hazardous waters** — submerged objects, weather, currents - **Boat-on-boat collisions** - **Hitting fixed objects** — docks, buoys, rocks - **Falls overboard** - **Personal watercraft (jet ski) collisions** - **Wake-related capsizing** - **Towed-passenger injuries** — water-skiing, tubing, wakeboarding - **Carbon monoxide poisoning** — from cabin / generator exhaust ## Common injuries - Drowning / near-drowning - Traumatic brain injury - Spinal cord injuries - Propeller strikes (often catastrophic) - Lacerations / amputations - Broken bones - Hypothermia - Burns from fuel fires ## Federal vs state vs maritime law **State law** applies to: - Most recreational boating accidents on lakes, rivers, intracoastal - BUI / boating safety rules - Negligence and personal injury **Federal admiralty / maritime law** applies to: - Crashes on "navigable waters" (Great Lakes, navigable rivers, coastal / ocean waters) - Commercial vessels - Cruise ship injuries - Crew injuries (Jones Act) **U.S. Coast Guard regulations** apply broadly to: - Equipment requirements (life jackets, signaling devices, fire extinguishers) - Licensing for commercial operators - Accident reporting Maritime law has unique features — different statute of limitations, different rules of liability, possible federal jurisdiction. ## Reporting requirements Federal regulations (33 CFR 173) require reporting if: - A person dies - Person disappears under circumstances suggesting death or injury - Person is injured beyond first aid - Vessel is destroyed or property damage exceeds $2,000 State requirements may be stricter. Failure to report is itself a federal offense for operators. ## Common defendants - **Boat operator** - **Boat owner** (if different) - **Vessel manufacturer** for defective equipment - **Marine engine manufacturer** - **Bar / restaurant** that over-served alcohol (dram shop) - **Boat rental company** for inadequate instruction or maintenance - **Marine maintenance / repair shop** - **Tour operator / charter** for guided trips - **Government** for hazardous waterway management (rare) ## Insurance Boat insurance is NOT required in most states (FL and AR have limited requirements): - **Liability** — for damage to others - **Property** — damage to your boat - **Medical payments** — injuries to people on your boat - **Uninsured boater** — for hits by uninsured operators - **Personal articles** — gear, electronics Many homeowner's policies exclude boat-related claims for vessels above defined size / horsepower. ## Damages - Medical expenses (often substantial; remote locations + transport) - Lost wages - Pain and suffering - Permanent impairment / disfigurement - Property damage - Wrongful death in fatal cases - Maritime damages (in Jones Act / DOHSA cases) ## Limitation of liability — federal Vessel Owner's Limitation Act Under the **Limitation of Liability Act** (1851, federal), boat owners can sometimes limit liability to the value of the vessel after the casualty — often making it NEAR ZERO. Plaintiffs must contest this in federal court within 6 months of receiving the limitation notice. This federal procedure is one of the trickiest aspects of boat-accident litigation — and a key reason maritime-experienced counsel matters. ## What to do after a boat accident 1. **Get medical attention** for everyone injured 2. **Render aid** if safe to do so (failing to render aid can be a separate offense) 3. **Report the accident** to U.S. Coast Guard / state agency within required period 4. **Document everything** — photos of vessels, scene, injuries, weather, conditions 5. **Get witness names** before the boat ride ends 6. **Preserve the boat** for inspection if defective equipment is suspected 7. **File insurance claim** 8. **Don't give recorded statements** to the at-fault operator's insurance 9. **Hire a boat-accident attorney** — particularly one with maritime experience for serious cases ## What you should do If you've been hurt in a boating accident in South Dakota: get medical care, report the incident, preserve evidence (especially the vessel), and contact an attorney experienced in BOTH state injury law AND maritime law. Most South Dakota boat-accident attorneys offer free consultations and work on contingency. Time is critical — federal Limitation Act deadlines are short. --- *This guide is general information about South Dakota and federal maritime law as of early 2026 and is not legal advice. Boat-accident law has many nuances depending on location, vessel type, and parties. Talk to a licensed South Dakota attorney with maritime experience about your specific case.*