In Illinois, can you sue for a boat accident when you are the victim of the accident? If your injury is caused by another party, you can file a personal injury lawsuit and be awarded compensation for your injuries and property damage. In Illinois, maritime law enforces strict regulations and safety procedures to keep boaters safe.
Were you injured in a boat accident? Dodds Law Office in Bloomington can help you recover compensation. Call us at 309-807-3600 for a free case review.
How Is Liability in Boat Accidents Determined?
Illinois is home to numerous lakes and rivers that provide boating and water activities for residents and visitors. In Eastern Illinois, bordering Chicago, Lake Michigan is a vast freshwater sea that offers boating, sailing, kayaking, paddleboarding, jet skiing, and charter fishing. In Northwestern Illinois, close to Chicago, boaters enjoy a chain of 15 lakes that provide hidden coves, calm waters for wakeboarding, water-skiing, and fishing for large mouth bass. For Bloomington residents, Lake Bloomington, a man-made 635-acre lake, was created for boating, kayaking, water-skiing, fishing, hiking trails along the water, and family picnics.
Boating in Illinois is a favorite pastime for residents and visitors year-round, but it doesn’t come without the high costs of serious boating accidents each year. According to statistics compiled by the Illinois Conservation Police, there were 93 boating accidents with 16 fatalities and 28 injuries on Illinois waters. In 2022, there were 52 reported boating accidents that resulted in 6 fatalities and 40 injuries.
When accidents and injuries occur on Illinois waters, you can sue for a boat accident if another party caused your injury. Liability is determined based on the other party’s negligent actions. According to the Illinois Department of Natural Resources, the most common causes of negligence include:
- Boat operators without a license
- Underage boat operators with little experience
- Careless boat operators who ignore safety regulations
- Boat operators who don’t obey posted speed limits
- Boat operators who are impaired by alcohol or drugs
Boating Accidents and Injuries
When boating accidents occur, a wide range of injuries are possible. The severity of a person’s injuries following a collision with another boat, a crash, or a capsize will depend on the following factors:
- The nature of the accident
- The type and sturdiness of the boat
- The speed that the boat or boats were traveling
- Whether the injured party was sitting or standing on the boat
- The depth of the water at the crash site
- Whether the injured party was wearing a life jacket
Boating injuries sustained in Illinois boating accidents can be minor, severe, or life-threatening. The most common injuries that occur are contusions and lacerations, broken bones, and head injuries.
When boating accidents cause injuries, you can file an insurance claim with your own insurance company or the other driver’s insurance company without a police report. If you file a claim with your own insurance company, the claim will be considered a first-party claim by the Illinois Department of Insurance. In some cases, this type of claim may slow down the claims process and raise your monthly insurance premiums.
When personal injuries result from boating accidents in Illinois, it’s important to contact a boat accident lawyer who can review how the accident happened, explain boating accident laws, and provide legal advice on filing a personal injury claim. If you are the victim of a negligent boat operator, you can sue for a boat accident to recover compensation for personal injuries and property damages.
Types of Compensation Available
If you’re injured in a boating accident, damages are typically awarded in a claim. Damages include:
- Medical expenses
- Lost income
- Property damages
- Pain and suffering
Who Can be Held Liable?
There are many causes for boating accidents and many possible defendants. When boating accidents happen, it’s not always the fault of the boat operator. Defendants who can be held liable in a boating accident lawsuit include:
- Boat operators who are negligent or intoxicated
- Boat operators who cause the accident
- Boat manufacturers who provide faulty equipment
- Harbors and Marinas that are poorly maintained, lack safety equipment, or have inaccurate or outdated signage.
Causes of Boating Accidents
Common causes of boating accidents include:
- Bad weather conditions
- Restricted vision
- Insufficient navigation aids
- Equipment failure
- Improper boat anchoring
- Onboard fire or smoke
In Illinois, weather conditions can change quickly, especially during the rainy season in June with at least 14 days of rain or snow. During the rainy season, water levels in lakes and rivers rise causing different currents, high winds, poor visibility, floating debris, and hidden docks.
Pursuing Damages for Personal Injuries
In Illinois, you have two years to file a personal injury lawsuit for damages sustained in a boating accident. If you are injured, it’s important to contact a boat accident lawyer as soon as possible after your injury occurs. Proving liability in a boating accident case requires your lawyer to gather important medical records that support your injury claim and talk to expert witnesses who can help prove your case. As time passes, physical evidence may be destroyed and witnesses may be difficult to contact. Your lawyer needs pertinent information to build a case that may be resolved through a personal injury lawsuit in court or an out-of-court settlement agreement with insurance companies.
How long does an accident claim take? Generally, the average time to settle a personal injury case is one to three years, but every case has different circumstances and timelines. Whether you choose to pursue a personal injury lawsuit in court or settle your case out of court has a big impact on how long your accident claim will take.
Steps to Take After a Boat Accident
After an Illinois boating accident occurs, the steps you take can impact what happens next.
What to Do If You are Injured
If you are injured in a boating accident, seeking immediate medical attention is an important point of a personal injury case, even if your injury seems minor. In car crashes and boating accidents, many people don’t realize the extent of their injuries right away. Injury victims who are under the influence of alcohol or drugs, or are experiencing shock after the accident, may not be fully aware of limitation of bodily movements or pain. Internal injuries are especially concerning because they can only be seen with an X-ray, ultrasound, or MRI. After a jarring boat accident, it’s common to experience temporary neck or back pain, but it may be difficult to tell whether the pain is short-term or signals a serious injury. With a head injury, a headache may be the result of a slight bump, the jarring motion, or even stress, but it may also signal a concussion or traumatic brain injury.
What to Do if You Caused the Accident
If you are partially responsible for the boating accident, the Illinois Boat Registration and Safety Act requires you to take the following steps:
- Stop the boat immediately
- Call 911 dispatch to get medical help to the accident scene
- Help anyone affected or injured
- Provide your name, address, and vessel information to injured parties and property owners
- Notify the nearest police station or sheriff’s office within one hour of the accident, or within one hour of being discharged from a hospital if you were treated for injuries and unable to report immediately following the accident.
If you are the boat operator and caused an accident that resulted in injury or death, you will be required by law to submit to chemical testing by the investigating law enforcement officer. If you do not submit to the chemical testing or fail the chemical test, your motorboat operator’s Illinois driver’s license will be suspended.
In Illinois, it is a Class A misdemeanor if you do not comply with these terms following a boating accident. If anyone is injured (beyond needing simple first aid) and you fail to comply, it is a Class 4 felony. If the boating accident ends in someone’s death, and you fail to comply, you could face a Class 2 felony punishable by 3 to 4 years in prison.
In addition to the responsibilities listed above, for any boating accident that causes property damage of $2,000 or more, you must complete and submit a report within five days to the Illinois Department of Natural Resources. If any injuries require medical attention beyond first aid, you must complete and submit a report to the Illinois Department of Natural Resources within 48 hours.
In Illinois, you can sue for a boat accident if you suffer injuries. Contact us today at our Bloomington Law Office to schedule a free case evaluation.
