Boaters’ Rights Under Louisiana Negligence Law

While many boat collisions may be accidents, it does not mean that an at-fault boater does not assume responsibility for their actions. Boaters are obligated to protect the welfare of other people they may encounter while navigating waters, and they assume this duty whenever they take their boat from the dock. This duty extends to other boaters, swimmers, and even their passengers and forms the core of the legal cause of action known as negligence under personal injury laws. Negligence can help injured people to hold at-fault parties in accidents legally liable for the damage they cause. 

When applied to boat accidents, common examples of evidence that indicate negligence include:
Speeding

  • Failure to follow navigation buoys
  • Not having proper lighting at night
  • Boating while intoxicated
  • Manufacturing issues leading to a defective product

Much like a car crash, any analysis of the evidence in a boating accident could examine the actions of both parties involved. However, if a plaintiff can introduce evidence that the defendant was breaking a boating law at the time of the incident, the defendant may be automatically assumed negligent. A boat accident attorney in Lafayette, LA, could help plaintiffs gather and frame evidence within the law to demonstrate the defendant’s negligence.

Proving Liability in a Lafayette Boat Accident Claim

To recover full compensation following your boating accident in Lafayette, your boat accident lawyer in Lafayette, LA, will need to prove that another party’s negligence is the cause of your boat crash injuries. To prove negligence, the following four elements will need to be met:

  • Duty of care
  • Breach of duty of care
  • Causation
  • Financial and non-financial damages

Some parties are found liable for boating accidents in Lafayette more frequently than others. These include:

  • Negligent boat operators
  • Boat passengers
  • Boat parts designers, producers, and distributors
  • The owner of the boat
  • The boating company
  • Government agencies
  • Municipalities
  • Other third parties

Your personal injury lawyer will need to carefully analyze the evidence and details of your case to determine the responsible party for causing your injuries so you can get the most out of your claim.

branded accent

Talk to a Louisiana Local Attorney Today

Get a Free Case Evaluation

Can Boat Accident Victims Share Fault?

Boat crash victims share liability for their injuries more often than you think. This is especially true when people go out on boats and consume alcohol or drugs. Rowdy and uncontrollable passengers, inexperienced or untrained boat operators, and other types of boat passenger negligence are not uncommon. However, sharing fault for your injuries will not hinder your financial recovery after your Lafayette boat crash. Louisiana has a pure comparative negligence system under Louisiana Civil Code § 2323.

This means you are still eligible to receive compensation, but your damage settlement will be reduced in accordance with your degree of fault. For example, if you are 20% at fault for causing the boat accident, you can only recover 80% of your injury settlement. Find out more about how your boat accident settlement could be affected when you discuss the circumstances of the collision further with an experienced attorney.

Common Boat Accident Injuries in Lafayette

If you are unsure whether your injuries are severe enough to warrant a boat accident claim in Lafayette, consider the ways your life has been or may be affected by your boat accident injuries. The type of injury you sustained does not necessarily determine whether you have the right to compensation. 

However, some types of injuries are seen more often in Lafayette boat accidents than others. These include:

  • Broken and fractured bones
  • Traumatic brain injuries
  • Amputations
  • Spinal cord injuries
  • Head and back injuries
  • Contusions and lacerations
  • Post-traumatic stress disorder (PTSD)
  • Other emotional injuries, including depression and anxiety
  • Neck injuries
  • Facial injuries
  • Concussion
  • Whiplash
  • Internal bleeding
  • Organ failure
  • Drowning

These are only a few more common injuries you could endure in a Lafayette boat crash. If you suffered another type of injury in a crash that is not listed above, contact our office to find out whether you can pursue compensation in your case.

boat crash

Pursuing Compensation in Lafayette

Louisiana is one of a few states that does not require boaters to obtain any insurance policy. As a result, people injured in boating accidents may need to pursue a boat operator directly for compensation. This typically involves sending a demand letter to the defendant or attorney for injury payment. These demands may include payment for:

  • Medical costs
  • Lost wages
  • Pain and suffering
  • Property damage
  • Loss of enjoyment of life

In other cases, a defendant’s boat is covered by an insurance policy. When this applies, a boating accident attorney in Lafayette, LA, will handle the claim through the insurance company and attempt to negotiate a settlement. In either scenario, plaintiffs may need to take their case to court to collect compensation. Louisiana Civil Code § 3492 limits when a plaintiff can file a case. This law is known as the prescriptive period and states that all claims for personal injury must be initiated in court no more than two years from the date of the injury. As such, potential plaintiffs may wish to get started on their case immediately by contacting a skilled boat accident attorney in Lafayette.

Client Testimonials Hear from locals like you.

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are gua...

I highly recommend hiring Laborde Earles for your personal injury needs. They have the most professional, friendly and communicative staff who are guaranteed to work hard on your case and get the outcome you deserve. Brittani C. is one of the most organized, thorough and helpful paralegals I’ve ever had the pleasure of working with. She keeps you informed and answers all your questions throughout the litigation process.

P
Patrick Conner

Baton Rouge

Renee McCaslin is incredibly knowledgeable, professional, and always goes above and beyond to make the legal process smooth and stress-free. I truly a...

Renee McCaslin is incredibly knowledgeable, professional, and always goes above and beyond to make the legal process smooth and stress-free. I truly appreciate her attention to detail and genuine care for her clients!

C
Courtnie Heltz

New Orleans

Michelle Brouillette is always so pleasant whenever I call or stop by the office. She always has a smile on her face.

C
Christine G.

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs...

The team at Laborde Earls is extremely helpful and knowledgeable. While I would recommend any team member, I would strongly urge you to speak with Mrs. Courtney. I spoke with her multiple times, and each time she was patient and answered every question I had. She made me feel like I was the only client. Grateful for her and Laborde Earls!

T
Tracie M.

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking...

Each time I interact with a member of the Laborde Earls team I am always extremely satisfied with the service provided. I had the pleasure of speaking with Mrs. Marsh today. She was extremely knowledgeable in addition to being patient and empathetic. She was able to provide me with the necessary resources and provided me with encouragement throughout the process. I definitely recommend Laborde Earls! Ask for Courtney!

M
Megan Couvillon

Alexandria

At the very first meeting with Alexis and Danielle they took the time to explain everything to us so that we understood what we were going to go throu...

At the very first meeting with Alexis and Danielle they took the time to explain everything to us so that we understood what we were going to go through. They checked in on us to see how things were going with DR appointment and therapy. They checked in on the phone or by text and if I had a question and I was in Lafayette and I would stop by the office one of them would come to answer my questions. I truly appreciate the response and respect that they showed to me and my husband and I would really recommend them to family and friends.

H
Hazel G.

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I thi...

I am able to witness Karely Cornwell handle calls from people who are in need of Laborde Earles services. She is always polite and professional. I think it’s safe to assume that the majority of people who call in are stressed and to have someone who is calm and kind taking the call is a great representation of the company.

D
Debbie Fontenot

Marksville

I am very impressed with Jillie Boone’s professionalism and dedication. She demonstrates excellent communication skills, strong attention to det...

I am very impressed with Jillie Boone’s professionalism and dedication. She demonstrates excellent communication skills, strong attention to detail, and a high level of reliability. Jillie consistently goes above and beyond to ensure that everything is handled efficiently and with care. Her knowledge and work ethic make her an outstanding professional, and I would highly recommend her!

j
jazlynn meece

Baton Rouge

Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one re...

Elizabeth Lachney I absolutely hands down the best. She is very professional, knowledgeable and most importantly she is very respectful. She is one reason why we use Laborde Earles Law Firm. They make you feel like family!

T
Tiffany Bardwell

New Iberia

Over 1,700 5-Star Reviews

Read More Testimonials

View More Articles Trusted Voices Sharing What Matters

Blog Louisiana Sets New Two-Year Statute of Limitations for Tort Claims

Now that Louisiana has set a new two-year statute of limitations on tort claims, injury victims will have more time to take legal action for...

Read Full Article
law statue

Blog Digger Earles Honored With Appointment to GLP-1 Plaintiff Steering Committee

In a significant victory for plaintiffs in the high-stakes multi-district GLP-1 litigation, renowned Lafayette personal injury lawyer Digger...

Read Full Article
big rig car accident

Blog $1,400,000 Settlement for Alexandria Woman in Car Accident

When it comes to being injured in a car accident, choosing the right attorney can be the difference between getting $1,400,000 in 9 months i...

Read Full Article
mardi gras beads

Blog Safety Tips to Help Stay Safe During Your Mardi Gras Celebration

Mardi Gras is a grand and celebratory holiday filled with parades, live music, picnics, and much more. From the crazy costumes to the colorf...

Read Full Article
two workers in orange suits

Blog $42,000,000 Settlement for Burn Victim in Plant Explosion

What our client thought would be a normal workday at the plant left him questioning whether or not he could fulfill his role as a father and...

Read Full Article
cars driving in the fog

Blog Were You Injured in a Super Fog Vehicle Accident in Louisiana?

Early Monday morning, October 23rd, a dense “super fog,” a rare weather condition created by the mix of smoke and fog, resulted in a tragic ...

Read Full Article

Guidance you can trust, from people who actually know.

View All FAQs View All Articles

A Lafayette Boat Crash Attorney Can Help

Boat drivers have a duty to preserve the safety of other boaters, swimmers, and even their passengers. If a boater causes a crash by acting recklessly or carelessly, that defendant may be legally liable for any injuries and losses sustained by the injured party.

Sometimes, that boater may not be protected by insurance and could be personally responsible for the damage they cause. In others, the plaintiff could claim a boater’s insurance company. In either case, a boat accident lawyer in Lafayette, LA, at Laborde Earles, could help you build a comprehensive claim to demand compensation. There may be a limited time to file a claim, so let an attorney give you a free consultation today.

Our Locations Find Your Local Office

Get Legal Help Today Talk to a Louisiana Local Attorney Today

25+ Attorneys Collaboration on every case

Call Anytime Speak to our local team 24/7

(337) 777-7777
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Send Message
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (337) 777-7777.