Louisiana’s scenic waterways make boating a favorite pastime for those that live here….and for those that are visiting our great state. But no matter how skilled or cautious you are, boating accidents can and do happen. When they occur, understanding what steps to take in the aftermath is important not just for your immediate safety, but also to protect your legal rights and financial well-being.
Immediate Actions to Take After a Boating Accident
If you’re involved in a boating accident in Louisiana, the moments immediately following the incident are crucial for both your physically and legal recovery.
Here’s what to do:
1. Prioritize Safety
The first and most important step is to ensure everyone’s safety. After the collision or incident, quickly assess yourself, your passengers, and others involved. If anyone is injured, call for emergency medical assistance right away, either through a marine radio or by contacting 911 if you’re near shore. If you can do so without putting yourself in additional danger, render aid to anyone in need. However, never compromise your own safety in the process, like jumping into the water or entering a damaged vessel which could expose you to further harm.
2. Stop and Stay on the Scene
Under Louisiana law, boat operators are required to stop their vessel immediately after an accident and remain at the scene. Fleeing, even if the accident appears minor, can lead to criminal charges. Staying on site allows for proper information exchange and ensures that authorities can conduct any necessary investigation. It also demonstrates good faith and responsibility, which can positively impact any future legal considerations.
3. Exchange Information
Once the situation is stable, exchange your name, contact details, and vessel registration number with the other parties involved. It’s also wise to note the make and model of each vessel. If possible, exchange insurance information as well. This step helps prevent disputes later on and is critical for filing insurance claims or addressing legal responsibilities.
4. Report the Accident
Louisiana law requires certain boating accidents to be reported to the Louisiana Department of Wildlife and Fisheries (LDWF) within five days. Reporting is mandatory if:
Someone was injured and required medical treatment
There was a fatality
A person is missing
Property damage exceeds $500
Even if the accident doesn’t meet these thresholds, filing a report can help create an official record that may be useful if legal issues arise later.
5. Document the Scene
Take photos of all visible damage to vessels, docks, personal property, and (if there are any) injuries sustained. Also, document the surrounding environment, such as weather conditions, water visibility, and any potential hazards that contributed to the accident. If there are witnesses, ask for their names and contact information. Comprehensive documentation strengthens your legal position in potential claims or litigation.
Understanding Liability and Negligence in Boating Accidents
Determining fault in a boating accident is not always simple. Often, it depends on identifying negligence, which is behavior that falls short of reasonable boating practices.
– Boating Under the Influence
Operating a vessel under the influence of alcohol or drugs is a criminal offense in Louisiana. Impaired boaters have reduced reaction time, impaired judgment, and poor coordination. All of these significantly increase the risk of an accident. If intoxication is found to be a contributing factor, the responsible party may face both criminal penalties (including possible jail time and license suspension) and civil liability for damages.
– Speeding or Reckless Operation
Ignoring posted speed limits or operating a boat recklessly by making sharp turns at high speed, weaving through traffic, or creating large wakes near docks or other boats often endangers others on the water. Evidence of reckless behavior is a clear indication of negligence and can strongly impact liability.
– Failing to Follow Safety Regulations
Louisiana law requires boats to carry certain safety equipment, such as life jackets for all passengers, navigation lights, fire extinguishers, and sound-producing devices. Failure to have this equipment on board or failing to follow basic maritime “rules of the road” can expose an operator to liability, even if they were not solely at fault.
– Comparative Fault in Louisiana
Louisiana follows a comparative fault system. This means multiple parties can share responsibility for an accident. A court or insurance adjuster may assign percentages of fault to each party involved. For example, if you are found to be 20% responsible, any damages you recover may be reduced by that amount. Understanding comparative fault is key when pursuing compensation or defending against a claim.
The Importance of Boating Insurance
Although Louisiana does not require boat owners to carry insurance, having coverage in place is strongly recommended. It offers financial protection in situations where injuries or property damage occur and can spare you from significant out-of-pocket expenses.
Types of coverage to consider:
– Liability Insurance
This protects you if you are found legally responsible for injuries to others or damage to their property. Liability coverage helps pay for medical expenses, repair costs, and potential legal fees.
– Uninsured/Underinsured Boater Coverage
Unfortunately, not every boater carries insurance. If you’re involved in an accident with an uninsured boater, this type of coverage helps protect you from having to pay for your own injuries or property damage.
– Medical Payments Coverage
This type of coverage pays for medical bills incurred by you and your passengers, regardless of who was at fault. It provides immediate help with hospital expenses, doctor visits, and other related costs, which can be invaluable during recovery.
Review your policy carefully and consult with an insurance professional to ensure that you have the right type and level of coverage for your boating habits.
When to Seek Legal Assistance After a Boating Accident
The aftermath of a boating accident can be stressful and complicated, particularly when injuries, fatalities, or significant property damage are involved. In these situations, working with a skilled attorney can make all the difference.
Here’s how The Law Office of Stephen C. Gaubert can help:
– Clarifying Your Legal Rights
We help you understand your legal rights under Louisiana law and the options available for seeking compensation or defending yourself in a claim. You’ll get clear guidance on what steps to take and what to avoid.
– Collecting Critical Evidence
Our team assists you in gathering the essential documentation needed to support your case. This includes accident reports, medical records, witness statements, photos, and expert testimony when needed.
– Negotiating with Insurance Companies
Insurance companies often attempt to settle for the lowest possible amount. We handle negotiations on your behalf to ensure you receive fair compensation for medical expenses, lost income, pain and suffering, and other damages.
– Representing You in Court
If a fair settlement cannot be reached, we will advocate for you in court. Our experienced trial attorneys work tirelessly to build a strong case and present it effectively, so you’re fully protected throughout the legal process.
Whether you’re dealing with medical expenses, lost wages, property damage, or the emotional toll of an accident, you don’t have to face it alone. The Law Office of Stephen C. Gaubert can help you navigate the legal and financial complexities of boating accidents and work towards the best possible outcome. Contact us today to find out how we can help.
