Boating accidents are hazardous and can result in extensive property damage, severe injuries, and fatalities. The state has specific laws that individuals must follow while operating or riding in a boat or vessel.
If you were injured or incurred damages in a boat accident, a New Orleans boat accident lawyer could help you recover compensation for your losses. Our skilled personal injury attorneys could guide you through the legal process and diligently work to hold the responsible parties accountable.
Several factors can lead to boating accidents in New Orleans. Boat accidents often occur due to boat operators failing to pay attention to their surroundings or becoming distracted.
Reckless behavior, such as speeding or operating a boat under the influence of drugs or alcohol, can also result in accidents. Failure to adhere to certain safety precautions, such as wearing a life jacket or flotation device, may increase the risk of injury or death. Additionally, factors outside a driver’s control, such as hazardous weather conditions or mechanical equipment defects or failures, could increase the risk of a boat accident.
Louisiana Code of Civil Procedure Annotated § 2315 holds individuals liable for any misconduct that caused damages to another person. An injured person’s likelihood of recovering damages from a boating accident will likely depend on their ability to prove the elements of a negligence claim.
To prove negligence, the person must establish the defendant breached a duty of care. The extent of the duty of care required will depend on the specific facts of the case. However, a defendant’s failure to comply with state boating regulations could be considered a breach of that duty.
Under LSA-R.S. § 14:98.1, operating a boat while intoxicated with a blood alcohol concentration of 0.08 percent or more is prohibited. Evidence that the boat operator was intoxicated could help prove they breached their duty of care. To address the complexities of a boat accident case, consult a New Orleans lawyer.
In negligence claims, the plaintiff must prove that the defendant’s reckless actions caused their injuries. More specifically, the person must prove to the Court that they would not have been injured if not for the defendant’s negligent conduct.
However, if the defendant can prove that other factors led to the injury, the Court could limit the plaintiff’s ability to recover damages. Louisiana follows the doctrine of pure comparative negligence, which limits a person’s ability to recover damages if their own negligence contributed to their injuries.
The Court is required to assign a percentage of fault for each party involved in the accident. If the Court discovers the plaintiff contributed to the accident, it may reduce the recoverable damages in proportion to the plaintiff’s percentage of fault.
The Court might conclude that the plaintiff’s behavior contributed to their injuries due to various reckless actions. If a plaintiff fails to wear a life jacket or personal flotation device as required by state law, a Court may determine that they are partly responsible for their injuries.
If the plaintiff can prove negligence, they are entitled to recover economic and noneconomic damages under state law.
These are measurable losses the plaintiff may incur due to the injury. They are meant to compensate the injured party for tangible expenses. They include:
Non-economic damages refer to losses that are not easily quantifiable but still significantly impact a person’s life. These can include:
Understanding these types of damages is critical to determine what compensation may be available to an injured person in a negligence claim. An experienced boating accident attorney in New Orleans could assess the specifics of the case and advocate for all potential damages.
When a person dies due to negligence in a boating accident, their surviving family members can still recover damages on their behalf under state wrongful death laws.
According to La. Code Civ. Proc. Ann. § 2315.2, a victim’s surviving family, including their spouse, children, parents, siblings, and grandparents, may file a lawsuit on the deceased’s behalf if they were killed due to another’s negligence under certain circumstances.
The wrongful death action must be filed within one year of the deceased’s death, similar to the statute of limitations for personal injury under La. Code Civ. Proc. Ann. § 3492, requiring filing within one year from the date of the injury. A dedicated boat accident lawyer in New Orleans could help a family navigate the legal process and ensure proper and timely filing.
If you were injured due to someone else’s negligent operation of a vessel, it is crucial to consult with a New Orleans boat accident attorney promptly. The state’s statute of limitations could result in losing your right to seek compensation if you fail to act quickly.
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