Boating Accidents
Our firm represents clients in the Louisiana area who have suffered personal injuries or lost loved ones in boating accidents and collisions. Many factors can contribute to a boating accident either on a privately owned vessel, a personal watercraft (jet ski) or even a ferry. Some of these factors include:
- Driver error
- Driver inexperience
- Driving while intoxicated
- Equipment failure
- Adverse weather and/or water conditions
As a general rule of law a boat operator and its owner must exercise the highest degree of care to prevent injuries to those passengers in the boat or swimmers or others in the waters or boats around them. When this level of care is not carried out by a boater or passenger, the level of responsibility escalates. Combined with factors like those mentioned above, alcohol for example, and the responsibility for any harms or damage to have occurred escalates considerably.
Because the court handles boating licensing different by state, it is important for boaters to understand there might be more requirements should they be visiting a different region. For instance, while Arizona has no mandatory boating safety or education requirements, the state of Louisiana does have mandatory boat education laws applying to boats AND personal watercrafts, such as jetskis. For a state-by-state list of boating requirements, check out this site for more information. For a better understanding about boating regulations, check out the Louisiana Department of Wildlife & Fisheries' page defining legal requirements and regulations, available here. Of note are the following:
- Persons born after January 1, 1988, may not operate a motorboat powered by a motor in excess of 10 housepower unless he or she has successfully completed a boating safety course approved by NASBLA. These persons must be in possession of evidence of completion of the approved course whenever operating such a vessel.
- It is illegal for anyone under the age of 16 years of age to operate a personal watercraft (PWC).
- It is illegal for a person who owns or has charge of a personal watercraft to knowingly permit a person under the age of 16 years to operate the PWC.
- It is illegal for a rental company to rent a personal watercraft to anyone under 16 years of age.
In the event you find yourself in a boating accident, it is crucial that you cooperate with law enforcement but also know your legal rights. Our experienced attorneys will discuss your situation and go over the options available to you, as well as work with insurance companies and other parties involved in your case to make sure all your needs are handled quickly and appropriately.
If you have suffered an injury or lost a loved one to a boating accident, contact us online or call us at 504-527-6225 to set up a FREE consultation to discuss your legal options. As avid watersports fans and boaters, the Berniard Law Firm takes boat safety seriously and will aggressively pursue your legal matter!