Louisiana Boating Accident Lawyer: Safety Rules & Liability
As spring turns to summer, boaters flock to Louisiana’s many lakes, rivers, swamps, and bayous. Unfortunately, more boaters on the water increase the chance of serious injury. If a recreational outing turns into a nightmare, you need an experienced Louisiana boating accident lawyer to protect your rights.
According to the Louisiana Department of Wildlife and Fisheries (LDWF), over two million people enjoy boating on our waters each year. Whether you are on a fishing trip in Venice or a pontoon boat on the Tchefuncte River, accidents happen fast. Below are the key statutes and rules that govern liability in these cases.
Know the Louisiana "Rules of the Road"
Prevention is the first line of defense. Violating the LDWF “Rules of the Road” is often treated as prima facie evidence of negligence. Key rules for safe operation include:
- Meeting Head-On: Vessels passing head-on shall each keep to their respective right.
- Overtaking: You may pass on either side, but must grant the right-of-way to the vessel being overtaken.
- Crossing Paths: When vessels pass at right angles, the vessel on the left must yield to the vessel on the right.
- Motor vs. Non-Motor: Motorboats generally yield to non-powered boats (like canoes or sailboats), unless the motorboat is restricted by a deep draft in a narrow channel.
- Warning Signals: Vessels must issue warning signals in fog or weather conditions that restrict visibility.
- Speed Zones: No vessel shall operate in excess of an established “No Wake” or speed zone.
- Diver Safety: Vessels must keep at least 100 feet of clearance from a displayed diver’s flag.
Duty to Stop and Render Assistance
Under La. R.S. 34:851.10, operators involved in a collision must immediately stop their vessel and render assistance to injured persons, provided they can do so without serious danger to their own passengers. Fleeing the scene of a boating accident is a serious offense.
Reporting Requirements
You must exchange information (name, address, and vessel ID) with the other operator. Furthermore, if the accident results in death, disappearance, or injury causing incapacitation for more than 72 hours—or property damage in excess of $500—you must notify the LDWF Law Enforcement Division immediately.
LDWF Report Hotline: 1-800-442-2511
Liability: When Do You Need a Lawyer?
A vessel owner is responsible for injuries caused by careless or reckless operation. La. R.S. 34:851.4 defines “careless operation” as endangering the life, limb, or property of another person. Common examples include weaving through traffic, swerving at the last second, or harassing wildlife.
- Owner Responsibility Crucially, vessel owners can be held liable even if they were not driving the boat. Courts often assume an owner gave consent if the vessel was operated by an immediate family member.
- Special Legal Remedies (The “First Lien”) Louisiana law provides unique protections for victims. Under La. R.S. 34:802, if your injury was caused by the negligence or lack of skill of a vessel’s operator, you may have a “first lien and privilege” on the offending vessel itself to secure your damages.
Contact the Boating Accident Lawyers at the Berniard Law Firm
Contact Us for a Free Case Review Boating laws differ significantly from car accident laws. If you have been injured on the water, call the Berniard Law Firm today at (504) 521-6000. We will help you navigate the specific statutes and insurance issues involved in maritime injury claims.