A day on the water can turn into a disaster in seconds. Whether your injuries happened on Lake Pontchartrain, the Mississippi River, or off the Gulf Coast, boating accidents can leave victims with life-threatening injuries, massive financial burdens, and unanswered questions. When insurance companies delay or deny valid claims, or when negligent boat operators try to shift the blame, you need a New Orleans boating accident lawyer who knows how to fight back.
At Daly & Black, P.C., we don’t take boating injury claims lightly, our team is committed to handling them with the seriousness and attention they deserve. Our trial-tested lawyers are ready to hold careless operators, tour companies, and insurers accountable. If you were injured in a boating accident, we’ll go ALL IN to help you recover every dollar you’re owed.
Don’t wait for insurers or operators to control the narrative. Contact Daly & Black today for a free consultation, and take the first step toward protecting your rights.
Boating Accidents in New Orleans: A Growing Risk
New Orleans offers easy access to some of the busiest waterways in the Gulf South. From fishing charters and party boats on Lake Pontchartrain to commercial vessels along the Mississippi River, maritime traffic is a way of life here. But that also means a higher risk of serious boating accidents—especially with more tourists, alcohol, and undertrained operators in the mix.
According to the U.S. Coast Guard, Louisiana consistently ranks among the top states for recreational boating accidents. Many of these incidents are preventable and stem from operator negligence, poor vessel maintenance, overcrowding, or failure to follow maritime safety laws. When things go wrong on the water, emergency response times are often delayed—making injuries even more devastating.
Boating Right-of-Way and Navigation Rules: Who’s at Fault on the Water?
Boating may feel like a carefree activity, but just like driving on land, there are established “rules of the road” that apply on the water. These rules help determine who has the right of way and who may be legally responsible when accidents happen.
There are two primary bodies of rules that apply depending on where the incident occurs:
- U.S. Inland Navigation Rules apply to accidents occurring on inland waters like Lake Pontchartrain, the Mississippi River, and the Intracoastal Waterway. These rules are codified under 33 CFR Subchapter E and enforced by the U.S. Coast Guard.
- COLREGS (International Regulations for Preventing Collisions at Sea) apply to offshore and international waters. These international rules govern vessel conduct beyond the U.S. demarcation lines.
While both sets of rules are similar, key differences—such as sound signaling and channel navigation—can influence fault determination. Understanding which legal standard applies is essential in building a strong liability case.
Here’s a simplified hierarchy of vessel right-of-way, based on maneuverability:
First priority: Vessels not under command.
These vessels are unable to maneuver due to mechanical failure or emergency and must be given full right of way.
Second priority: Vessels being overtaken.
Any vessel approaching another from behind must yield, regardless of the type of vessel being passed.
Third priority: Fishing vessels with restricted maneuverability.
Boats actively engaged in fishing with deployed gear have limited control and should be given extra space and deference.
Fourth priority: Sailboats under sail.
Vessels using only wind power to navigate have priority over powered vessels, unless they’re also operating a motor.
Fifth priority: Powered vessels.
These are the most maneuverable and are expected to yield to all other less-maneuverable boats in potential conflict situations.
Violating these rules—especially when an accident results—can constitute negligence per se and may expose the violator to serious legal and financial consequences.
Common Injuries in Boating Accidents
The violent nature of a boating accident often results in catastrophic harm. Victims are frequently thrown overboard, struck by propellers, or suffer injuries made worse by delayed medical access.
Common injuries include:
- Traumatic brain injuries (TBI) from falls or impact with the hull.
- Spinal cord injuries and paralysis.
- Drowning and near-drowning incidents.
- Lacerations and amputations from propellers or debris.
- Broken bones and crush injuries.
- Hypothermia or exposure-related complications.
These injuries can permanently alter the course of a victim’s life. Our job is to make sure the compensation reflects that reality.
Inland Waters vs. Open Water Accidents: Why It Matters
Not all boating accidents happen in the same legal environment. In New Orleans, incidents may occur on inland waters like Lake Pontchartrain or the Mississippi River—or in offshore waters along the Gulf Coast. The location of the accident can significantly affect the rules that apply, the agencies involved, and the claims process.
Inland waters
Accidents that occur on inland waters are governed by Louisiana state law. Civil Code Article 2315 establishes liability for negligence, while Article 2323 outlines the principles of comparative fault.
If a commercial vessel is involved, Article 2320 may also apply, holding employers vicariously liable for their employees’ negligent acts committed within the scope of employment. These provisions create a complex framework for determining liability and calculating damages.
Open water (offshore)
Offshore boating accidents often fall under federal maritime law. Under 46 U.S. Code § 30101, admiralty jurisdiction extends to injuries caused by vessels on navigable waters. These cases may involve statutes such as the Jones Act, the Limitation of Liability Act, and other admiralty principles, making them more complex and frequently subject to federal court jurisdiction.
Where your accident occurred—and which laws apply—can dramatically impact your case. The boating accident lawyers at Daly & Black have the credentials to handle both inland and offshore claims and will determine the best legal strategy to maximize your recovery.
Who Can Be Held Responsible for a Boating Accident?
Unlike car crashes, boating accidents often occur in open or loosely regulated spaces, which can make it harder to determine who’s at fault.
Liability may fall on:
- The boat operator – for reckless driving, speeding, or boating under the influence (BUI).
- Rental or charter companies – for failing to maintain equipment or provide adequate safety training.
- Tour operators – for overcrowding vessels or ignoring weather advisories.
- Boat manufacturers – for mechanical defects or design flaws.
Claims involving government-operated boats—like New Orleans RTA ferries—often follow a different legal process than standard injury claims. These cases may involve shortened deadlines, formal notice requirements, and procedural rules that do not apply in private claims. Successfully pursuing a case against a municipal agency requires a precise understanding of these laws and the ability to act quickly.
At Daly & Black, we tailor our approach to the nature of your accident. Whether your case involves a private charter or a government-operated vessel, we know how to build a case that holds the right parties accountable.
Why You Need a Boating Accident Lawyer
If you’re searching online and wondering, “Where can I find a lawyer for my boating accident?”—you’re already on the right path.
Boating accidents are governed by a mix of state law, federal maritime law, and complex insurance provisions. Most people don’t realize their homeowner’s policy may exclude boating injuries altogether—or that comparative fault laws in Louisiana could reduce what you’re owed if you’re found partially at fault.
An experienced boating accident lawyer can:
- Identify all sources of liability and insurance coverage.
- Handle maritime-specific legal procedures.
- Navigate disputes with tour operators, private boat owners, or insurers.
- Maximize your compensation through negotiation or litigation.
What Damages Can You Recover After a Boating Accident?
Victims of boating accidents often suffer significant physical, financial, and emotional losses. At Daly & Black, we pursue compensation that reflects the full scope of harm our clients have endured.
Depending on the facts of your case, you may be entitled to recover:
- Medical expenses – including emergency transport, surgeries, hospital stays, medications, and ongoing rehabilitation.
- Lost income – covering time away from work or long-term impact on earning capacity.
- Property damage – including personal belongings or damage to your own watercraft.
- Pain and suffering – for physical discomfort and emotional trauma.
- Disfigurement or disability – for long-term impairments caused by the accident.
- Loss of enjoyment of life – especially if injuries prevent you from returning to recreational activities.
- Wrongful death damages – if a family member was killed in a boating accident, we can help you pursue a wrongful death claim for funeral costs, loss of financial support, and emotional suffering.
Our legal team evaluates every potential avenue for recovery and builds a claim designed to secure maximum compensation under the law.
The Daly & Black Difference
At Daly & Black, we bring a unique edge to boating accident litigation. Our lawyers are nationally recognized for their results in complex injury and insurance claims—and we know how to win when the water gets choppy.
- We investigate aggressively
- We litigate strategically
- We fight relentlessly
You don’t have to navigate this process alone. When you hire us, you get a team that’s ALL IN. ALL THE TIME.
FAQ
Who is responsible for a boating accident in New Orleans?
Responsibility can fall on the boat operator, rental company, tour operator, or even the vessel manufacturer. Liability depends on the facts of the case and must be investigated thoroughly.
What types of injuries are common in boating accidents?
Common injuries include head trauma, spinal injuries, broken bones, drowning, lacerations, and amputations—often made worse by delayed medical care or exposure.
Do I need a lawyer if I’ve been injured on a recreational boat?
Yes. Boating cases involve complex legal and insurance issues that go beyond standard injury claims. A lawyer can help you secure full compensation and deal with operators or insurers who try to dodge responsibility.
Speak to a New Orleans Boating Accident Lawyer Today
If you’ve been injured on the water, the law is on your side—but you need someone who knows how to use it. A New Orleans boating accident lawyer at Daly & Black, P.C. can help you recover full compensation for your injuries, lost wages, and pain and suffering.We work on a contingency fee basis, meaning you pay nothing unless we win. Call us now for a free consultation—and let’s go ALL IN on your case.