Boating entails a certain amount of risk, and while it may be rare that another boater might intentionally harm other individuals they encounter, accidents could happen, much like whenever a person gets behind the wheel of a car, an individual piloting a boat could potentially injure other boaters, swimmers, or others in the water.
Can Boat Accident Victims Share Fault?
Boat crash victims share liability for their injuries more often than you might think—especially when alcohol or drugs are involved. Rowdy passengers, inexperienced operators, and other forms of negligence are common on the water. However, sharing fault does not automatically prevent you from recovering compensation after a Lafayette boat crash. Louisiana now follows a modified comparative negligence system under Civil Code § 2323.
This means you may still be eligible to receive compensation if you are less than 51% at fault, but your settlement will be reduced based on your degree of fault. For example, if you are 20% at fault for the accident, you can recover 80% of your damages. However, if you are 51% or more at fault, you cannot recover compensation. An experienced attorney can help you understand how your boat accident settlement may be affected.






