Boating is an essential part of many people’s lives here in Louisiana, whether for recreational or occupational purposes. From the Gulf Coast to the Mississippi River and all the lakes and channels in between, our waterways are one the things that make our state such a great place to live.
However, negligence on the water can lead to boating accidents that cause severe and catastrophic injuries.
The U.S. Coast Guard’s 2021 Recreational Boating Statistics report states that there were 4,439 recreational boating accidents. These accidents resulted in 658 deaths, 2,641 injuries, and roughly $67.5 million in property damage.
If you were injured because someone else was reckless or careless, you don’t have to suffer the consequences alone. Louisiana state laws recognize victim’s rights and provide the means for you to recover physically, emotionally, and financially from your boating accident injuries. Contact a Baton Rouge boat accident lawyer in our office to discuss your case during a free consultation. There’s no risk or obligation to learn more about your rights.
What To Do After a Boat Accident
Suffering a boat accident can be a frightening and traumatic experience, but it’s important to stay calm and take immediate action to ensure everyone’s safety and well-being.
Here’s what you should do:
- Check for Injuries: Assess yourself and others for injuries. If anyone is hurt, seek medical attention immediately.
- Ensure Safety: If the boat is still afloat and safe to remain on, stay onboard until help arrives. If the boat is sinking or otherwise a danger, evacuate to a safe location, such as a life raft or nearby shore.
- Notify Authorities: Contact the local authorities or Coast Guard to report the accident. Provide them with your location, the number of people involved, and any other relevant information.
- Exchange Information: If there are other boats involved, exchange contact and insurance information with the other parties.
- Document the Scene: Take photos of the accident scene, including any damage to the boats involved and any injuries sustained. This documentation may be useful for insurance claims or legal proceedings.
- Seek Medical Attention: Even if you don’t feel injured, it’s advisable to seek medical attention after a boat accident. Some injuries may not be immediately apparent.
- Report to Insurance: Notify your insurance provider about the accident as soon as possible. Provide them with all the necessary information and documentation.
- Cooperate With Authorities: Follow any instructions given by the authorities investigating the accident. Provide them with truthful and accurate information.
- Follow-Up: After the accident, follow up with medical professionals as needed for any ongoing treatment or rehabilitation.
How To File a Maritime Claim in Louisiana
Maritime law has jurisdiction over injuries that occur on the water, whether at the state level in Baton Rouge and throughout Louisiana or at the federal or international level.
Boating accident attorneys must have a comprehensive understanding of the intricacies of maritime laws and how they govern incidents involving:
- Recreational boating
- Commercial fishing
- Other commercial vessels
- Open and cabin motorboats
- A kayak or canoe
- Pontoons
- An oil rig, lift boat, or other watercraft related to the offshore petroleum industry
- Sailboats
- A jet ski or other personal watercraft (PWC)
Victims of boating accidents may be entitled to seek compensation for physical injury, property damage, and other losses.
Injuries That Occur on Water Vessels
Many victims of watercraft accidents suffer debilitating physical trauma. Serious injuries sustained in a boat accident may include:
- Traumatic brain injuries
- Loss of limb
- Broken bones
- Spinal cord injuries
- Paralysis
- Burns
- Fatal injuries that lead to wrongful death
Common Types of Boating Accident Cases
There are over 300,000 boats registered with the Louisiana Department of Wildlife and Fisheries (LDWF), and most of these boaters are responsible, safety-minded boat owners who operate their motorboats, sailboats, and other watercraft appropriately.
Unfortunately, not all boat operators practice the care they should on the water.
According to the U.S. Coast Guard report referenced above, there were:
- 4,439 recreational boating accidents resulting in
- 658 deaths,
- 2,641 injuries, and
- approximately $67.5 million in property damage.
Some of the most common causes of boating accidents include:
Boating Under the Influence
Many people forget (or simply ignore) that the rules of the road apply to the water as well.
Alcohol and operating any vehicle make for a dangerous combination. When a boat operator is intoxicated, people can get hurt. Sadly, boating under the influence is a top cause of recreational water injuries. But it is always preventable.
In Louisiana, a boat operator may be charged with a DUI, punishable with fines or jail time, if they:
- Are under 21 and have a blood alcohol concentration (BAC) of .02 or higher
- Are 21 or over and have a BAC of .08 or higher
- Are boating under the influence of illegal drugs
Incidents Caused by Boater Negligence
Any manner of negligence, recklessness, or careless behavior while operating a boat can endanger the lives of others. This may be:
- Operating in bad weather
- Not stocking proper safety equipment onboard
- Carrying too many occupants
- Striking other vessels
- Hitting waves at excessive speeds
- Jumping a wake too close to another vessel
- Swerving too close to other vessels
- Operating near swimmers
- Following too closely
- Towing people on boards or skis in a reckless manner
- Speeding through crowded areas
Jet Ski Injuries
Since Kawasaki first introduced the Jet Ski in 1972, this type of personal watercraft has been a staple on the Gulf Coast. Data collected by the Coast Guard for the above-referenced report shows that 19% of water accidents reported in 2021 involved a PWC.
Work-Related Watercraft Accidents
Each Baton Rouge boat accident lawyer on our team is also able to help file maritime claims for workers who were injured on the job. Injured employees in Louisiana may be eligible to receive benefits through the Jones Act and Longshore and Harbor Workers’ Compensation claims.
Fatal Maritime Incidents
If your loved one was lost in a fatal, preventable incident, our personal injury attorneys can represent your family in filing a wrongful death claim.
This type of legal action allows you to pursue justice on behalf of the deceased, ensuring that the at-fault party and their insurer are financially responsible for funeral expenses, medical bills, lost income, and other damages.
Louisiana Lawyers Fighting for Boating Accident Victims
The Louisiana boat accident attorneys of Bianca | Matkins have extensive experience helping injured victims recover compensation through personal injury claims.
Understandably, many victims have no idea how to begin the process of filing a personal injury claim or wrongful death action after a boat accident. That’s where we come in.
Based in Baton Rouge, LA, we provide top-rated legal representation to clients here in our city as well as in New Orleans and elsewhere throughout South Louisiana. We are also the region’s top law firm for Deaf rights and are ready to pair you with an ASL-fluent boating accident attorney to help you with your case.
Your initial consultation is 100% free. Keep in mind—Louisiana law places a one-year statute of limitations on most personal injury cases. It’s best to schedule your case review right away to learn what legal action you should take.
A Baton Rouge boating accident lawyer will walk you through your legal rights and options to help you determine your best path to recovery.
Who Can Be Held Liable for a Louisiana Recreational Boat Accident?
To recover the compensation you’re entitled to under Louisiana law, your boat accident attorney must be able to determine and prove fault for the accident. Filing a claim or lawsuit can allow you to recover financial losses like medical bills, as well as non-economic damages like pain and suffering.
Any type of maritime accident is likely to involve multiple potentially liable parties. Your legal team may need to investigate the actions of operators, manufacturers, other passengers, employers, and operators of other watercraft to accurately and fully determine where liability lies.
Once we have established liability, we’ll work diligently to see that you recover maximum compensation.
Compensation for Boating Accident Injuries
The compensation recoverable through a Louisiana boat accident claim may include:
- Past, current, and future medical bills
- Lost wages
- Lost earning capacity
- Permanent disability
- Pain and suffering
- Emotional anguish
- Wrongful death benefits after a loved one’s fatal injuries
Maybe you suffered injuries because a reckless boater put you in a dangerous situation. Perhaps a manufacturer produced a faulty part that caused a preventable maritime accident. You may have been hurt in a watercraft accident through your employment or lost a loved one who was working on the water.
If these or any other types of boating negligence or reckless behavior led to personal injury, you have legal options. Bianca | Matkins is your guide to recovery.
Schedule your free initial consultation with a Baton Rouge boat accident lawyer you can trust to put you first, always.
