Do Commercial Fishing Boats Have Right-of-Way Over Recreational Boats?

Louisiana’s long coastline along the Gulf of Mexico and its network of waterways make it a bustling center for commercial maritime activities. The state’s ports manage a large portion of the nation’s shipping and fishing commerce, which are crucial to the economy.

Commercial vessels often share Louisiana’s waterways with recreational boaters out for leisure and adventure. The state has strict right-of-way rules to prevent accidents and ensure safety; when boaters ignore these precautions, serious collisions can occur.

Read on to learn the basics of the state’s right-of-way rules for boating and how our Louisiana boat accident lawyers at Dudley DeBosier can help if you’re involved in a crash.

Boating Traffic in Louisiana

Commercial vessels and recreational boats often navigate the same waterways, leading to potential conflicts. Large commercial ships transporting goods or engaged in fishing follow set routes and have limited maneuverability due to their size and operational requirements. Recreational boaters use the waters for leisure and might not always be aware of the complexities of commercial navigation.

This lack of awareness and differing speeds and trajectories can lead to close calls or collisions. Here are a few common scenarios:

• Recreational boats failing to yield to commercial ships in narrow channels
• Pleasure boats crossing in front of fast-moving cargo ships without right of way
• Fishing vessels not giving way to tankers along designated shipping routes
• Motorboats cutting across the path of large vessels in busy harbors
• Kayaks and canoes entering shipping lanes without observing right-of-way rules

Right-of-Way Rules to Follow

The Louisiana Department of Wildlife and Fisheries (LDWF) outlines the state’s right-of-way rules for boaters. These are based on the International Regulations for Preventing Collisions at Sea (COLREGs) and local maritime rules, which create procedures based on the vessel’s functionality, maneuverability, type of propulsion, size, and navigational environment.

Here is an overview of some right-of-way situations:

• Meeting and Overtaking: When vessels meet head-on, they should each move to their right to pass port-to-port. If overtaking another vessel, the one doing the overtaking must give way and can choose either side to pass.

• Crossing Paths: If two vessels cross paths, the vessel on the left should yield the right of way to the one on the right to prevent collisions.

• Priority of Vessel Types: Motorboats must generally yield to non-motor-powered vessels, except in narrow channels or when non-motor vessels are overtaking.

• Docking and Departing: Vessels approaching a dock should yield to those departing. Similarly, vessels leaving the shore or a tributary must yield to through traffic and those approaching the area.

• Navigational Conduct: To ensure safety, vessels must not abruptly change course and maintain a steady course when passing sailboats. Operators should minimize speed in reduced visibility and actively maintain a proper lookout.

• Channel Navigation and Speed Control: In narrow channels, vessels should keep to the right. All vessels must operate at safe speeds that prevent hazardous conditions like excessive wake.

Consequences of Violating Right-of-Way Laws

It’s vital for all vessel operators, commercial and recreational, to follow the state’s right-of-way rules on the water. A boater failing to follow these guidelines can result in liability for damages or injuries caused to the other party.

In these situations, liability is determined by Louisiana’s pure comparative negligence law, which assigns responsibility based on each party’s percentage of fault. Generally, the boater who violated the rules is liable for costs like medical bills and property damage. However, if you were in a smaller vessel and disregarded the right-of-way rules, this share of fault could reduce your compensation for injuries or damages.

If you were hurt in a boating crash caused by a negligent boat operator, a Louisiana boat accident lawyer at Dudley DeBosier can help you hold them accountable. Our team can help gather evidence, such as navigation logs and witness statements, to prove you followed the rules and protect your rights in a maritime insurance claim.

Seek Legal Assistance from Dudley DeBosier

Boating accidents can be complex, involving complicated legal and navigational rules. If you or a loved one has been involved in a boating accident in Louisiana, seek the guidance of experienced maritime attorneys.

At Dudley DeBosier, our team of boat accident lawyers knows maritime law and the unique challenges vessel operators face in the state’s waterways. We can help you through the legal process, protect your rights, and pursue fair compensation for your losses. Contact us today for a free case review.

Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.

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