Whether heading to Plainfield for a fishing trip or just wanting to spend a relaxing day on the water, you never expect to be involved in an accident. Many people travel along the waters of Illinois’s lakes and rivers without an issue, but sometimes, incidents can happen due to the negligence of another party.
At Schweickert Ganassin Krzak Rundio, LLP, we know that reckless boaters can cause serious injuries and damage to innocent parties. If you have been hurt, our legal team is here to assist with your case. Contact our Plainfield boating accident lawyer to see how we can help you get the compensation you deserve.
Water Vessel Injury Incidents in Plainfield
According to the Illinois Department of Natural Resources (IDNR), there were 70 boating accidents in 2023, 12 of which resulted in fatalities and 37 injuries.
Whether you are boating on Lake Renwick or traveling down the DuPage River, you will want to take precautions on the water. Every boater needs to be mindful of others; otherwise, it could lead to an accident. Some of these factors could lead to a tragic collision:
- Operator inattention: One of the leading causes of any accident is often tied to the operator’s behavior. When behind the controls of a boat, operators must always be aware of their surroundings. Using a smartphone or socializing with passengers are all distractions that can contribute to accidents.
- Operator inexperience: Lack of experience can lead to mistakes that result in injuries and damages. No matter the size of the boat, all users should have the proper training and licensing. When operators do not adhere to the local boating regulations, these incidents can occur.
- Speeding: Just like on the road, speeding on the water is dangerous. High speeds reduce reaction time, making navigating other boats, swimmers, and objects challenging.
- Alcohol use: Many people who take their boat on the water may imbibe with a few alcoholic beverages. Like drinking and driving, operating a boat under the influence increases the risk of accidents. Alcohol and/or drugs can impair judgment and coordination. In turn, that can make it difficult for the operator to safely maneuver the vessel.
- Equipment failure: Regular maintenance and checks are essential to ensure all equipment functions correctly. Routine inspections of the boat’s mechanical and electrical systems and safety gear, such as life jackets and fire extinguishers, can help prevent accidents caused by equipment malfunction.
Many boat accidents are caused by human error. Unfortunately, some operators do not take caution and behave in a way that endangers the welfare of others on the waterways. Contact our Plainfield boating accident lawyer today if you have been severely hurt in a boating crash.
Have You Been Injured While on the Water?
Boating accidents often result in a wide range of injuries, some of which can have long-term consequences. A few of these common boating injuries include:
- Head injuries: Boating accidents can result in head injuries ranging from minor concussions to severe traumatic brain injuries. These injuries can occur due to falls, collisions, or being struck by objects on the boat.
- Spinal cord injuries: Any blunt force trauma to the spinal cord can lead to paralysis. They can happen due to the impact of a collision or from being thrown from the boat.
- Broken bones: The force of a collision or fall during a boating accident can easily result in broken or fractured bones.
- Drowning or near-drowning: Unfortunately, these are common in boating accidents. Many times, that can lead to death or long-term complications, such as brain damage.
- Cuts and bruises: Lacerations occur from debris, broken glass, or other objects during the accident. Even if you are thrown from the vessel, you could be cut by objects in the water.
- Burns: These can occur from boat fires or explosions, especially if the boat is gas-powered.
- Sprains and strains: When sudden movements occur, you may try to brace for impact, which could lead to these injuries.
- Hypothermia: Even in the summer, some of the waterways in Illinois can be chilly. After an accident, a victim could be in cold water for an extended period, leading to health risks.
Even if you don’t feel injured immediately after a boating accident, you should still seek medical attention. Some injuries, like internal injuries or concussions, may not be immediately apparent.
Prioritizing your health and safety after any accident should be the top priority after an accident. After that, you can learn more about your legal options with a consultation for Schweickert Ganassin Krzak Rundio, LLP.
Illinois Boating Laws
Illinois has specific laws governing the operation of boats and other watercraft on the waterways. These laws promote responsible boating and prevent accidents. One essential requirement is that all boat operators must complete a boating safety course approved by the IDNR. With that, all operators understand the safety regulations and practices to keep everyone safe.
Additionally, boat operators must operate their vessels at safe speeds to prevent collisions and other dangerous situations. Boating under the influence of alcohol or drugs is strictly prohibited in Illinois, and anyone breaking these regulations could face serious legal consequences.
When an operator fails to abide by these laws and regulations, and they cause an accident, they can be held liable for any injuries and damages. If you would like to know if you have a valid claim for a personal injury lawsuit, contact us today.
Determining Liability in a Water Vessel Accident
Establishing liability is a vital step in pursuing a successful claim after a boating accident. In short, you must prove that another party was at fault for the accident. Most of the time, you need to show that another person acted negligently or recklessly, and that those actions led to the accident and your resulting injuries.
The negligence of another party, such as another boat operator or the manufacturer of a defective boat part, is often at the center of the accident. In personal injury cases, negligence is the failure to behave with the level of care that someone else would have exercised under the same circumstances.
For example, a boat operator may be found negligent if they were operating the boat in a reckless or unsafe manner. Also, a boat manufacturer may be found negligent if they produced and sold a boat with a defect they should have known about, which led to the accident.
Some examples of negligence in boating accidents include:
- Operating a boat under the influence of alcohol or drugs
- Failing to maintain a proper lookout for other boats, swimmers, or obstacles in the water
- Operating a boat at an unsafe speed
- Failing to follow navigation rules
- Manufacturing or selling defective boat parts
If you have been hurt or lost a loved one in a boating accident, it may be time to reach out to our experienced legal team
Other Illinois Laws Regarding Personal Injury Claims
Many individuals are worried about whether their action affects the settlement of the claim. In the Land of Lincoln, modified comparative negligence is an essential principle in Illinois personal injury law. Under this, an individual cannot make a claim against another party if they are above 50% at fault for the incident.
Another point is the timeline for filing a claim. The statute of limitations for personal injury cases in Illinois, including boating accidents, is two years. With that, you have two years from the date of the injury to file a lawsuit. However, there can be exceptions that might alter this timeframe. For example, if an injury was not discovered immediately, the statute of limitations might be extended.
Potential Compensation for Your Losses
You may be entitled to compensation for various losses if you have been injured in a boating accident due to someone else’s negligence. These losses can include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of enjoyment of life
In some cases, if the responsible party’s actions were egregious, punitive damages may also be awarded. However, that only occurs in rare scenarios. If you have questions about whether or not you qualify for a specific competition, reach out to a reputable Plainfield boating accident attorney.
The Legal Process for Boat Crash Cases
There are several steps to seeking compensation. Depending on the nature of your case, you may have to proceed through these steps:
- Case evaluation: This is the first step where the lawyer meets with you to discuss the details of the boating accident. They will ask questions to understand what happened, determine the potential for a successful claim, and explain your legal rights and options. This consultation is usually free.
- Investigation: If you want to proceed, your lawyer will conduct a thorough investigation of the accident. They will visit the accident scene, review police and medical reports, interview witnesses, and gather other evidence supporting your claim. The lawyer may also work with accident reconstruction specialists or medical professionals to build a strong foundation for your case.
- Negotiation: Once your lawyer has gathered sufficient evidence, they will file a claim on your behalf. After that, they will negotiate with the insurance company to reach a fair settlement. Many times, this is the longest stage of the process as your attorney works to get the compensation you deserve.
- Trial representation: Sometimes, a fair settlement cannot be reached. In these cases, your legal team will need to take the case to court. Your attorney will need to show that the at-fault party was liable for any injuries and damages from the accident.
Getting through the process to obtain compensation for your injuries can be difficult. If you want the best chance for a successful outcome, you need to work with an experienced team.
Schweickert Ganassin Krzak Rundio, LLP, is ready to help with your case.
Let Us Handle Your Boating Accident Claim
If you have been injured on the waterways near Plainfield, we are here to assist throughout this process. Analyzing evidence, negotiating with insurance companies, and securing a settlement can take time. Allow us to advocate on your behalf while you focus on your recovery.
If you are ready to take those next steps, contact our law firm today. You can schedule a free consultation with our Plainfield boating accident lawyer.
