Author: Henri Saunders
Days on the water can turn serious in an instant. When boating accidents occur, making a determination of who’s at fault isn’t always clear-cut. Unlike car accidents, boat crashes involve different navigational rules, maritime laws, and safety standards. That’s why having a legal team with deep maritime experience, like Saunders & Chabert, is key to protecting your rights after an injury on the water.
Understanding Negligence on the Water
In Louisiana, fault in boat accidents is generally determined through proving negligence, similar to motor vehicle accidents. Negligence is the failure to act with the care that a reasonably careful person would use in similar circumstances. But what does that really mean?
On the water, negligence can look like:
- Operating a boat while under the influence of alcohol or drugs;
- Ignoring navigational or “rules of the road” boating laws;
- Failing to keep a proper lookout for other vessels or swimmers;
- Not having legally required safety gear on board or in use when required;
When More Than One Person is to Blame
Sometimes, more than one vessel operator is to blame. Louisiana follows a comparative fault system, which means responsibility for an accident can be divided between everyone involved, directly impacting how much compensation an injured person can receive. For example, if two boats collide and both operators were being careless, each can be held partly liable for the accident.
Here’s how it works:
- Shared Fault: If a vessel operator is partly responsible for an accident, that individual can still secure compensation, but the amount received will be lowered based on his/her percentage of fault.
- Reduced Damages: Whatever portion of fault is assigned to an individual vessel operator will be deducted from that person’s total compensation.
- Court Considerations: When deciding fault, courts look at factors like each person’s actions, whether navigation or boating rules were followed, and the overall conditions found at the time of the incident.
Simply put, you’re not barred from recovering damages even if you were partly at fault; your recovery is simply reduced by your share of the blame.
How Fault is Determined in Different Boating Accident Scenarios
When Two Boats Collide
Here’s what gets examined:
- Negligence: Was one of the operators acting carelessly, failing to operate the boat as a reasonable and cautious person would?
- Following Navigation Rules: Were both operators following boating navigation rules?
- Operator Behavior: Was either driver speeding, making risky maneuvers, or not paying attention to their surroundings?
- Evidence Collected: What do witnesses have to say? Experts will examine the damage to any involved vessels, any available video footage, as well as the weather and sea conditions at the time of the accident.
- Shared Responsibility: If both operators share blame, Louisiana’s comparative fault law kicks in. This means each operator’s compensation is reduced based on their share of fault.
When a Passenger is Hurt Due to Reckless Operation, Alcohol Use, or Equipment Failure
Injured passengers can usually recover 100% of their damages, unless their actions contributed to the accident in some way. Here’s how liability is assessed:
- Reckless Boating: Was the boat operator driving dangerously—speeding, making aggressive turns, or ignoring safety?
- Alcohol or Drug Use (BUI): Louisiana law prohibits boating under the influence with a blood alcohol level of 0.08% or higher. If an operator is impaired, they’re likely to be held responsible for resulting injuries. Louisiana also has an implied consent law, meaning that by driving a boat, you agree to chemical testing if impairment is suspected. Refusal can lead to fines or the loss of boating privileges.
- Equipment Problems: Did the equipment fail and cause injuries? The boat’s manufacturer or distributor could be held accountable under product liability laws.
- Operator Duty: Did the boat operator do everything possible to keep passengers safe? If they ignore rules or operate unsafely, leading to injury, that’s considered negligence.
- Owner’s Responsibility: Did the boat owner allow someone else to operate their boat recklessly, even if they weren’t on board when the incident happened?
- Comparative Fault: Does the injured passenger share some responsibility? Their compensation can be reduced according to their level of fault.
Why Having a Maritime Attorney Matters
Needless to say, boating accidents aren’t always simple. Determining who’s at fault can involve complex maritime laws, nuanced negligence standards, and insurance companies fighting to pay as little as possible. That’s where an experienced maritime injury team like Saunders & Chabert comes in.
We know how to dig into the details, gather the right evidence, and build a strong case to protect your rights. Whether you were injured as a passenger, another boater, or while working on the water, we’re here to guide you every step of the way and fight for the compensation you deserve.
Have questions after a boating accident? Contact Saunders & Chabert today for a free consultation.