During the summer months, many people enjoy spending time on the water. In the Land of Lincoln, there are over 2,900 lakes, and each one is a great place for recreational activities. However, boat operators have certain responsibilities. Failure to abide by these rules can lead to injuries, property loss, and even fatalities.
If you have been involved in an accident, you may be able to seek compensation from the responsible parties. At Schweickert Ganassin Krzak Rundio, LLP, we have helped many clients get the compensation they deserve from these accountable parties.
Contact our LaSalle boating accident lawyer to learn more about your legal options.
Causes of Water Vessel Incidents
According to the Illinois Department of Natural Resources, the number of reportable boating accidents increased to 70 in 2023, resulting in 12 fatalities and 37 injuries.
There are many reasons why accidents occur on the waterways and lakes in Illinois. Whether it is from operator error or defective parts, a wide variety of factors lead to these incidents. Some of the most common ones include:
- Operator inexperience: If you want to operate a boat, you need the skills and training to safely navigate the waterways. One of the most common causes of boating accidents is operator inexperience. In these cases, the boat operator can be held liable for any injuries or damages resulting from the accident.
- Speeding: Like accidents on the roads, speeding is another major cause of boating accidents. When the boat travels at high speeds, avoiding other boats or obstacles in the water can be difficult. Once again, if speeding is a factor, the operator needs to be accountable for the damages from the accident.
- Distracted operation: If the operator is distracted by others on the boat, a phone, or another activity, they might not see hazards on the water, leading to accidents. The operator needs to keep their full attention on the water and the vehicle at all times while it is in motion.
- Intoxicated operation: Operating a boat under the influence of alcohol or drugs is not only illegal but also dangerous. When on the water, you need to pay close attention to other boaters, obstacles, and even swimmers in the water. However, when someone drinks or uses drugs, their judgment and reaction times are impaired.
- Dangerous weather: Boating in poor weather conditions, such as strong winds or storms, can lead to accidents. While weather conditions can be unpredictable, operators are expected to check the weather forecast before setting out and to take appropriate precautions.
- Equipment failure: If there’s a defect in the boat or its equipment, it can lead to accidents. In these cases, the manufacturer of the boat or equipment could be held liable under product liability laws.
Most of these causes are human errors due to negligence and reckless actions. In these situations, you may be able to raise a legal claim against the reasonable parties. If you would like to learn more, make sure to contact our LaSalle boating accident lawyer.
Boat Accident Injuries
Unfortunately, these accidents have the capacity to cause serious injuries to anyone involved in the incident. Many of these injuries can be severe or even life-threatening. Some common injuries that can occur in boating accidents include:
- Whiplash: In many collisions, this common injury can lead to neck pain and other symptoms.
- Spinal cord injuries: These injuries often happen due to the impact of a collision or when an individual is thrown from the boat. Many items can result in paralysis or other lifelong damage.
- Brain injuries: Boating doesn’t have safety features like vehicles. Any direct impact can cause trauma to the head.
- Bone fractures: Broken bones are a possibility if an individual was hurt due to the force of a collision or fall.
- Burns: In some incidents, the vessel could catch on fire or explode due to the collision, leading to severe trauma to the victims.
- Soft tissue damage: As boat passengers try to protect themselves from the impact, they could experience injuries to muscles, tendons, and ligaments.
- Drowning: When a boat is invalid in an accident, it can throw passengers off the vessel. In turn, these individuals could drown if they are not wearing life jackets while on board.
- Amputations: With the sharp propeller blades and other moving parts, limbs can become injured when making contact with these components.
If you have been involved in an accident as the result of another party’s negligence, you may be able to recover compensation. Contact Schweickert Ganassin Krzak Rundio, LLP to learn more.
Who Can Be Liable for LaSalle Water Vessel Injuries or Deaths?
Sometimes, liability can be attributed to several parties depending on the circumstances of the incident. These parties may include:
- Boat operator: They can be held liable if their negligence, error, inexperience, inattention, speeding, operating under the influence of alcohol or drugs, or failure to adhere to safety regulations led to the incident.
- Boat manufacturer or distributor: If the boat or its components were defective, the manufacturer or distributor might be held liable under product liability laws.
- Other boaters: If the actions of other boaters contributed to the crash, they may be held accountable.
- An employer: If the boat operator is an employee and the accident occurred on the job, that employer might be held responsible.
- Agencies and owners: Sometimes, these vessels are owned by third parties. If they or their employees allow boats to be overloaded or neglect life jacket rules, they can be held responsible for accidents.
Determining responsibility in these cases can be difficult. For that reason, you may want to consult with a LaSalle boating accident attorney to understand your next steps in the case.
Illinois Boating Laws
Under the Illinois Boat Registration and Safety Act, 625 ILCS 45/6, when an accident occurs, there are specific regulations to follow, including:
- If someone hits a boat or object, they must immediately stop the boat.
- After that, they need to offer help to anyone who may be injured and call 911 to get medical aid to the accident scene.
- The involved parties must provide their name, address, and boat information to the injured parties or others involved in the collision.
- Finally, the nearest law document must be notified within an hour of the incident. If someone was injured, then they need to report the accident immediately after seeking medical care.
If a party fails to adhere to these laws, it can show negligence in their actions. In some cases, this can result in both criminal and civil penalties.
Like all personal injury cases, your legal team will need to provide the four elements of negligence, such as:
- Duty of care: The boating operator has a legal obligation to avoid causing harm to others. These individuals need to exercise a reasonable level of care that another person in a similar situation would exercise.
- Breach of duty: In these cases, there needs to be a breach of duty. This occurs when a person fails to meet their duty of care. This could include reckless boat operation or drunk driving on the waterway.
- Causation: There needs to be a direct link between the defendant’s breach of duty and your injuries or damages.
- Damages: The final element of negligence is proving that the plaintiff suffered actual harm or loss as a result of the defendant’s actions. Your damages can include physical injury, emotional distress, lost wages, or property damage.
If any one of these elements cannot be proven, your claim may not be successful. In these situations, you will want to consult with an experienced personal injury lawyer to learn more about your specific situation.
Getting Compensation for Boating Accident Injuries
When these incidents occur, you may be able to file a personal injury lawsuit. Under the law, you are entitled to recover compensation for injuries, damages, and other losses. These include:
- Medical costs and medical bills
- Future medical bills
- Lost wages and future earnings
- Pain and suffering
- Property damage
Unfortunately, boating accidents can lead to fatalities. In these situations, the surviving family members can pursue a wrongful death lawsuit against the responsible parties.
When You Need a Lawyer for an Accident Case
Whether you have suffered minor injuries or substantial property damages, you may want to consider hiring an attorney to assist with your case. Here are some circumstances when you might need legal assistance:
- Serious injuries or fatalities: If the boating accident resulted in serious injuries or death, hire a lawyer to ensure all potential damages are considered.
- Disputed liability: If it’s not clear who is at fault or if multiple parties could be liable, a lawyer can help investigate the accident and determine who is responsible.
- Insurance company disputes: If you’re having trouble with an insurance company refusing to pay a claim, a lawyer can negotiate on your behalf.
- Long-term or permanent disability: If the accident resulted in long-term injuries or disabilities, a lawyer helps ensure you receive compensation for future medical costs and lost earning potential.
When choosing a personal injury attorney to represent your boating accident claim, consider their experience in maritime law and boating accident claims.
If you are looking for an experienced team of boating accident attorneys, contact our law firm.
We Can Assist with Your Boating Accident Case in LaSalle
If you have been injured or lost a loved one in a boating collision, it is time to get legal help. At Schweickert Ganassin Krzak Rundio, LLP, we are ready to help you take the next step with your claim.
Contact us today to learn more about your legal options. Schedule a consultation with our LaSalle boating accident lawyer today.
