Baton Rouge Boat Accident Lawyer

Baton Rouge Boat Accident Attorney

While boating accidents come from many different sources, lots of them result in injuries and substantial damage. Waterways in Louisiana are subject to both state and federal laws, and working with a Baton Rouge boat accident lawyer can help your case align with the complicated legal system.

Your Guide for Personal Injury Claims

Many people think that attorneys handle paperwork all day, but in reality, our work affects real people. For over 15 years, Knightshead Law Firm has worked with victims of all types of accidents. If an insurer is challenging your claim or not paying the amount you need and deserve, we can use our experience to challenge them for a more favorable settlement.

Common Causes of Boat Accidents

The US Coast Guard estimates that there were 5,265 boating accidents in 2020. Most boating accidents happen because someone is negligent, usually the operator. It takes a lot of concentration to operate a boat, and if the driver is distracted by passengers or their surroundings, it can lead to crashes.

Speeding can also cause accidents because it can be difficult to react to issues that appear during a trip. This can be worse in times of bad weather. Drinking alcohol while driving a boat is just as dangerous as drinking while driving a car and can harm the operator and the other passengers involved.

Boats require a considerable amount of maintenance. Neglecting routine checks can lead to mechanical failures that put everyone onboard at risk.

For injuries caused by unseaworthy vessels or negligent crews, asking the right questions to your maritime lawyer ensures you pursue all available remedies under federal and state law.

Important Louisiana Boating Laws

There are several laws in Louisiana that specifically apply to boating and boating accidents, including:

• Boating under the influence (BUI): This is the same law that applies to drivers who operate motor vehicles under the influence. The law also mentions water vessels and has the same BAC limit of 0.08% to consider someone boating under the influence. Just like with DUIs, a BUI can lead to criminal charges like fines and jail time. It could even affect your boating license.
• Mandatory life jackets. All boats must have enough life jackets for everyone on board. They also must be approved by the US Coast Guard. If it’s a personal vessel, everyone must wear one if the boat is in motion. If you’re operating the boat after sundown or before dawn, you also must have appropriate lighting for others to see you while you’re out on the water.
• Reckless operation. There are strict rules for operating your boat, especially if there are others on the water with you. There were 3,191 injuries in boating accidents in 2020. Just like with cars, there are speed limits, right-of-way laws, and other rules that make operating a boat safer. Reckless actions like speeding or disregarding these rules can lead to accidents and injuries.
• Accident reporting requirements. If an accident leads to property damage over $500 or any form of injury, it must be reported to the Louisiana Department of Wildlife and Fisheries. This also applies to fatalities or any boats that disappear as a result of an accident. You must also give your contact information to anyone affected so they can follow up about damages.
• Boating education requirements. Anyone born after 1983 must take a boater education course that’s approved by the Louisiana Department of Wildlife and Fisheries. This applies to operating any vessel that’s 10 horsepower or greater. The same goes for personal watercraft, and there’s a minimum age of 16 for operators of these vessels.

These laws help keep boaters safe, and violating them can open operators up to legal claims if an accident happens.

FAQs About Boat Accident Law in Baton Rouge,LA

Who Can File a Claim After a Boat Accident in Baton Rouge?

Anyone who was on the boat when the accident happened or who sustained injuries can file a claim after a boat accident in Baton Rouge. This can include people who were injured on another vessel or while swimming. If another vessel collides with an operator’s boat, they can file a claim against the operator at fault.

What Laws Apply to Boat Accidents in Louisiana?

Laws that apply to boat accidents in Louisiana include both federal and state laws. If there is an accident on the water that results in injury or a substantial amount of damage, it must be reported to the Louisiana Department of Wildlife and Fisheries. An accident that happened in Louisiana follows comparative negligence, so different people can be held accountable for different levels of fault, which affects how much compensation they can receive.

Can a Boat Owner Be Held Responsible for an Accident if They Were Not Operating the Vessel?

Yes, a boat owner can be held responsible for an accident if they were not operating the vessel. If the owner knew that the person operating the vessel should not have been due to a lack of qualifications or recklessness, they could be held responsible for damages. It’s also possible to prove that the boat was improperly maintained, which caused the accident. It’s up to the owner to keep their boat in good working order.

What if the Boat Operator Was Drinking at the Time of the Crash?

If the boat operator was drinking at the time of the crash, it is considered to be a BUI (boating under the influence) offense. Victims might have more evidence against the boat operator if they find that the crash was related to alcohol. While a BUI results in criminal charges, individuals can still file a civil claim against the operator. According to the Louisiana Department of Wildlife and Fisheries, 40% of fatal boating accidents involve alcohol in some way.

Legal Representation Matters After a Boating Accident

Boat accidents can be complicated and vary based on the exact location of the accident. While less common than other forms of accidents, they can still be just as severe and require the same amount, if not more, help. Schedule a consultation with Knightshead Law Firm to learn more about the unique kind of support that’s needed after a boating accident.