On November 18th, 2023 at 5:00 A.M., Sgt. received a call via mobile radio from LDWF Dispatch regarding a boating incident that occurred in St. Mary parish. Sgt. then contacted the St. Mary parish Sheriff’s office water patrol where they stated they were in route with a vessel. Sgt. met the deputies at the Calumet Cut boat launch where Acadian Ambulance was also on scene. Sgt., the Deputies, and a paramedic made their way to the incident location where two vessels were moored on the bank. Upon making contact, Sgt. read the operators their rights as per Miranda where they stated they fully understood and intelligently waived. 

The operator of vessel 1 (V1) stated he was traveling south in the Calumet Cut operating his vessel (a 15 foot tiller handle outboard) on the left side of the waterway when the collision occurred. Operator1 stated he did not have his navigation lights on at the time of the incident but turned them on after the collision. 

The operator of vessel 2 (V2) (a 17 foot tiller handle outboard stated he was traveling north going back to the boat launch due to his vessel taking on water from a pinhole in the vessel. His passengers were riding on the bow of the vessel when the impact occurred. Operator2 stated he did not see V1 due to the fog and V1 did not have the required navigation lights on. 

Once the impact occurred, Subject1 was ejected from the vessel, and Subject2 hit his left eye on the light bar which was located on the bow of the vessel. Both operators stated they could operate their vessels safely back to the boat launch. Sgt., the deputies, and paramedics loaded the injured subjects into the Sheriff’s vessel and all started making their way back to the launch. Once at the launch, the two injured subjects stated they did not want to go to the hospital but received care from the paramedics (see attached statements). No Personal Flotation Devices were worn during this incident, alcohol and/or drugs were also not contributing factors in this incident. 

             During the investigation, Sgt. learned the collision occurred due to V1 operating his vessel on the wrong side of the waterway without navigation lights. V1 attempted to cross V2 at a 45° angle resulting in V2 impacting V1 on the starboard bow. Initial impact occurred when V2’s bow impacted V1 on the starboard side right above the registration decals. This impact caused V1’s starboard side to be dented in, lifting the gunwale from the side, and pushing the starboard front deck downward (see attached photos 9-12). V2 sustained damages to the point of the bow bending it downward and the front deck is separated from the starboard side bending outward. The damages to both vessels are consistent with the statements taken when Sgt. arrived on scene. 

              Once the investigation was completed, Sgt. determined the primary contributing factors in this incident is directly related to rules of the road for vessels number 13, “In a narrow channel, vessel will keep to the right of mid-channel”, number 16, “All vessels shall be operated at reasonable speeds for given conditions and situations and must be under the complete control of the operator at all times”, and number 20, “Operator shall maintain a proper lookout.” 

Any violation of Rules of the Road for vessels shall be prima facie evidence of careless or reckless operation. Additionally, in Louisiana, all vessels shall utilize proper navigation lights from official sunset to sunrise. Official sunrise was 7:24 A.M. this incident occurred at 4:30 A.M. and V1 did not display any of the required navigation lights. V1 also was not wearing the required PFD while operating his vessel. A PFD is required by all occupants on board a vessel that is less than 16’ in length operated by a tiller outboard. In Louisiana no passenger is allowed to stand, sit, or lay on the gunwale, bow, and/or transom of a vessel while it is underway. The passengers onboard V2 were sitting on the bow of the vessel when the collision occurred. Their injuries could have been prevented if they were riding in the boat as required. The operator of V1 was cited criminally for RS 34:851.4 Careless Operation. Additionally, Operator1 was cited civilly for RS 34:851.24 Improper running lights and RS 34:851.24 Fail to comply with PFD requirements less than 16’ tiller outboard. The operator of V2 was cited criminally for RS 34:851.4 Careless Operation. Additionally, Operator2 was cited civilly for RS 34:851.13 Improperly riding on deck or gunwales. See attached offence reports.

Calumet Cut
Patterson                     