New Orleans Boating Accident Lawyer

New Orleans Boating Accident Attorney

Some boat operators cut corners. There are basic rules that have to be followed on a boat. Reckless behavior can lead to injury. Legal action might be necessary in these cases. A New Orleans boating accident lawyer can give victims the right to demand accountability.

Facing Well-Funded Defendants

We’ve been helping hurt people since 1949. Every client gets the full support of the legal team. We’ve gone up against powerful companies for over 70 years. Most defendants come armed with large legal teams. So do we.
If the late victim was part of the 61% of New Orleans residents in the workforce, their wages can make a real impact on the household. These damages can likely be accounted for in a wrongful death claim.

Common Causes of Boating Accidents

Boating accidents are rarely random. Most come from human error. Louisiana waters are busy, especially in summer. That increases the risk. The most frequent issues include:

• Operator distraction. Many boaters don’t keep their eyes on the water. This is the leading factor in accidents nationwide. In 2023, there were 586 nationwide cases tied to distraction. Even a moment of looking away can lead to a crash.
• Alcohol use. Louisiana had five boating accidents in 2023 tied directly to alcohol. Boat operators must follow the same rules as drivers. That includes not operating under the influence.
• Operator inexperience. About 75% of deaths in 2023 happened on boats with operators who never took a safety course. Lack of training makes mistakes more likely. This includes trouble with speed control and rescue skills.
• Speeding. Excessive speed can lead to more accidents. Fast boats need more space to stop. Louisiana waterways often have narrow channels. Speed matters more in these instances, so they can turn appropriately.
• Equipment failure. Most forms of failure come from the engine or fuel system. These often stem from skipped maintenance. Rental boats are especially at risk if not inspected between uses.

Boating is more dangerous when more than one of these factors occurs at once. That’s why safety checks are so important.

Who Can Be Held Liable?

Boating injury cases often involve more than one party. The operator is usually the first person looked at. But they aren’t the only ones who can be held responsible.

Owners can be liable if they fail to maintain the vessel. This can also apply if someone operated it who was unqualified. In cases involving rented vessels, the company that owns the boat might be at fault.

Manufacturers can be responsible when a defect in the vessel causes an accident. A faulty fuel tank can catch fire on the water. If the boat was recently serviced, a repair shop might be involved.

How Fault Is Determined

Fault is often based on evidence of carelessness. Louisiana uses a comparative fault system. That means each person involved is assigned a percentage of blame.

Investigators look at things like the behavior of the operator. They also look at other contextual factors, like the weather. For example, if the operator was drinking, that points to a fault. If a passenger fell overboard while standing on the bow, they may carry some share.

The law allows someone to file a claim even if they are partly responsible. Their recovery is reduced by their share of the fault.

What Can Victims Recover?

Boating accident victims may be able to recover for medical bills. That includes past and future costs if the injury is long-term. If the victim can’t return to work, lost future earnings may be part of the claim.

Damage to personal property can be included, too. If a death occurs, family members can file a wrongful death claim.

Many recreational boating accidents cause permanent harm. Compensation can help when the injury limits someone’s ability to function.

Why Do I Need an Attorney?

A lawyer helps by gathering facts to build the case. This includes checking maintenance records and the operator’s history. If it’s needed, professionals can be brought in to examine the vessel. Insurance companies often try to downplay the injury. They also try to shift the blame to the person receiving compensation. An experienced attorney deals with these tactics. They focus on protecting the victim’s right to fair compensation.

Some cases are settled through negotiation. Complex cases might have to go to trial. Either way, the legal team prepares from day one. This can help avoid delays if the case needs to go before a judge or jury.

An attorney who knows both Louisiana and maritime law can figure out the deadlines for your case. Victims should not wait to investigate.

FAQs

Addressing Injuries on the Water

Boating injuries take time to recover from. It’s possible to move forward after trauma. Legal action is one way to do this. Schedule a consultation with Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. for a conversation.