Boating is popular in Louisiana, thanks to the extensive waterways and vibrant boating culture. However, along with the enjoyment of boating comes the responsibility of adhering to safety regulations, including observing no wake zones.
Understanding these zones and their implications is crucial, especially if you’re involved in a boating accident. Our Louisiana boat accident lawyers at Dudley DeBosier can help you understand your rights after a collision and file a claim for damages.
Definition and Regulations of No Wake Zones
A no wake zone is a designated waterway area where boat operators must reduce speed to create minimal or no wake (waves). In Louisiana, these zones are established within 300 feet of any public boat launch or docking facility adjacent to a public boat launch.
The Louisiana Wildlife and Fisheries Commission (LWFC) adopts specific signage requirements for these zones. Signs must be a minimum size of 3 feet by 3 feet with a white background, orange borders, and clear black lettering stating, “Slow — No Wake Zone.” This is to make the signs more visible to boaters.
No wake zones don’t necessarily mean coming to a complete stop. The goal is to operate your vessel at the slowest speed possible, just enough to maintain steerage and avoid creating a wake that could disrupt other water users or damage shorelines.
Purpose of No Wake Zones
While controlling boat wakes and waves is the primary goal of no wake zones, these low-speed areas serve a few important purposes:
- Prevent Shoreline Erosion: Boat wakes create powerful wave action that can gradually erode and destabilize shorelines. This erosion undercuts trees, vegetation, and sandy banks, causing land to slough off into the water. Left unchecked, it can alter the geography of coastal areas.
- Protect Wildlife Habitats: Boat wake erosion can damage fragile coastal ecosystems and destroy critical wildlife habitats. Marshes, wetlands, and other sensitive environments found in Louisiana can be severely disrupted as wakes slowly eat away at the land. No wake zones help minimize this harm by reducing wave energy from boat wakes.
- Improved Safety in Congested Areas: No wake zones increase safety by requiring slower speeds in areas with high levels of boat traffic and human activity on the water. Constricted waterways, launch ramps, marinas, and other congested areas have too many potential obstacles and blind spots for boats to safely navigate at higher speeds. No wake zones reduce the risk of collisions with other vessels and partially submerged objects.
- Protect Swimmers: Reduced speed zones help prevent collisions with swimmers, paddlers, and tubers who may not be easily visible. Large wakes in areas with limited sightlines create hazardous conditions. Mandating a slow, no wake speed provides operators more time to react and take evasive action to avoid striking someone in the water.
Consequences of Speeding in No Wake Zones
Failing to obey wake guidelines can have disastrous consequences for boaters and other waterway users. These dangerous scenarios include:
- Collisions with Docks or Other Boats: Excessive wakes increase the chances of crashing into fixed structures or other vessels in tight quarters and with obstructed sightlines. The powerful wave action makes it extremely difficult to maintain control and maneuverability, increasing the likelihood of serious impacts.
- Ejecting Passengers Overboard: Large wakes can easily toss passengers into the water if not firmly seated in the boat, especially in smaller crafts. This can lead to severe injuries from the forceful ejection or potentially drowning if they are not wearing a life jacket.
- Capsizing and Sinking: For paddle craft users like kayakers and canoers, being struck by a large wake can quickly cause their vessel to capsize or swamp. The occupants of these smaller vessels could be thrown into the water and risk drowning.
- Injuring Swimmers or Others in the Water: Large wakes can be dangerous, particularly for swimmers, tubers, and water skiers. A high-speed collision with a speeding boat can cause severe blunt-force injuries. Also, the strong waves can make it difficult for young or inexperienced swimmers to stay afloat, raising the risk of drowning.
Impact on Liability in Boating Accidents
If a boat accident occurs in a no wake zone and someone is injured, liability is often based on whether the operators followed the no wake rules. Typically, the boater who ignored no wake restrictions is liable for injuries or damages to the other vessel or its occupants.
However, if both boats were speeding in a no wake zone, they could share the blame for the collision. In Louisiana, fault in personal injury cases is decided by how much each party contributed to the accident under pure comparative negligence laws. If you were injured but also ignored the no wake rules, your compensation would be reduced by your share of the fault.
A qualified boating accident attorney from Dudley DeBosier can help protect your rights and minimize your assigned fault after a collision. We can gather evidence like witness statements, video footage, and accident reports to help show that the other boat operator broke the rules and get you the financial support you need after a boating crash.
Get Legal Guidance After a Boat Collision from Dudley DeBosier
Following wake zone guidelines can help keep all boaters safe on Louisiana waters. If
another operator’s negligence resulted in property damage to your vessel or injury to you or your passengers, our boat accident attorneys at Dudley DeBosier can help you get compensation.
Contact us today for a free consultation to discuss your case.
Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.