When boating accidents happen on Chicago’s waterways—Lake Michigan, the “Play Pen,” the Chicago River, or Chicago harbors—and you or someone you care about has suffered severe injuries caused by someone else’s negligence, the legal team in our Chicago office is here to help. An experienced Chicago boating accident lawyer at our personal injury law firm can ensure your rights are protected. Call our law firm for a free case evaluation.
Do I Need a Boating License in Illinois?
What to Do If You Are in a Recreational Boating Accident
If you suffered boat accident injuries, these are some important steps to follow:
- Get to safety. If you are injured, get medical attention right away.
- Collect contact and boat registration information from the boat driver and other parties involved in the accident—including the name and contact information of the boat owner and a copy of their boat registration and title.
- Take photos of the damage to both boats.
- Get the names and contact information of any witnesses.
- Report the boating-related accident. By Illinois law, boating accidents with injuries, property damage over $2000, or a death must be reported to the Illinois Department of Natural Resources (DNR) within 48 hours.
- Don’t give a recorded statement to any insurance company before speaking with an experienced boating accident attorney.
- Contact our Chicago boating accident attorneys to discuss your legal options.
What Are the Major Causes of Boating Accidents?
Many boating accidents are preventable and often result from negligence. According to the U.S. Coast Guard (USCG), the top causes of boating accidents include:
- Operator inattention: the number one cause of boating accidents
- Failing to provide proper lookout: not watching for other vessels or hazards
- Operator inexperience: lack of knowledge or skill in handling a boat
- Excessive speed: traveling too fast for the conditions
- Alcohol/drug impairment: alcohol is a leading contributing factor in boating accident fatalities
Who Can Be Held Responsible in Illinois Boating Accident Claims?
Depending on the specific circumstances of the negligence, various parties can be held accountable when boating accidents occur.
- Boat operators for negligent actions like speeding or operating under the influence
- Boat owners for entrusting their vessel to an unsafe operator or failing to maintain it
- Rental companies for renting to unqualified operators or providing poorly maintained watercraft
- Manufacturers and retailers if a defect in the boat or its parts caused the accident
- Other watercraft operators if their actions contributed to a collision
- Commercial entities and employers for accidents that occur during work-related activities or on commercial tours
- Marina operators for injuries caused by poorly maintained docks or facilities
Common Injuries Sustained by Boat Passengers and Operators
Passengers and operators involved in most boating accidents can suffer head injuries—like traumatic brain injuries (TBIs), potentially leading to cognitive impairments and physical disabilities. Neck, soft tissue injuries, and spinal cord injuries are also common. Fractures and broken bones often result from falls within the boat or being thrown overboard. Drowning and near-drowning incidents are also serious risks, which can cause lung damage and brain damage from a lack of oxygen.
How Can a Lawyer Help After a Boat Collision?
An attorney can help you navigate the legal system after a boat collision. Here’s how:
Navigating Maritime Law
Boating accident claims are governed by specific maritime laws, which are different from the rules for a typical car accident case. We have a deep knowledge of federal and state laws that can affect your ability to recover compensation.
Investigating the Accident
We will gather crucial evidence to determine the at-fault party. This includes accident reports (that document broken maritime laws and safety laws), witness statements, maintenance records, and more to build a strong case for you.
Handling Insurance Companies
We take on small or big insurance companies for you, filing insurance claims and negotiating a settlement that fully covers all your damages, from medical bills (including future medical expenses) and lost wages to your pain and suffering.
Representing You in Court
If the insurance company refuses to offer a fair settlement, we are prepared to take your case to trial and fight for the compensation you deserve.
What Compensation Can Boating Accident Victims Recover?
Injured parties in boating accidents may be entitled to seek compensation for their injuries and losses, including medical expenses (including future medical treatment), lost wages, pain and suffering, and more.
If a person injured in a boating crash tragically dies from their injuries, the victim’s family may be able to pursue a wrongful death claim. In rare cases involving extreme negligence or intentional misconduct, punitive damages might also be awarded.
How Long Do I Have to File a Lawsuit?
In Illinois, the statute of limitations (735 ILCS 5/13-202) for filing a personal injury lawsuit after a boat accident is two years. If you do not file a lawsuit within two years of the date of the accident, you may not be able to recover compensation for your losses.
What If I Was a Partially Responsible Party in the Accident?
Illinois courts apply a comparative fault rule (735 ILCS 5/2-1116), which reduces an injured person’s compensation by the percentage of fault they are deemed to share for their injuries.
Call Our Personal Injury Law Firm for Help
If you or a loved one has been injured in a boating accident, you need to understand your legal rights. These cases often involve both state and federal maritime laws, so it is important to have an attorney who knows the navigation rules related to Illinois waterways. We will investigate your boating accident case, determine liability, and gather evidence to support your claim. Our attorneys will guide you through the legal process to recover fair compensation.
Free Consultation
We offer a free consultation to discuss your case and determine the best course of action for you. Our legal team operates on a contingency fee basis, which means you only pay if we win your case.
FAQs About Boating in Illinois
Things you should know about boat operation in Illinois:
How Common Are Boating Accidents in Illinois?
According to the Illinois Recreational Boating Report for federal fiscal year (FFY) 2023, approximately 67% to 75% of fatality victims were not wearing life jackets, while 70% of fatal accidents involved operators without formal safety precaution instruction. Furthermore, 12 boating deaths occurred in 2023, with the majority of incidents occurring on open motorboats. View the full report at the Illinois DNR.
How Do I Report a Boating Accident in Illinois?
If your accident happened on Lake Michigan, report it to the Illinois DNR and the U.S. Coast Guard. For accidents involving serious injury, death, or over $2,000 in damages, you must submit a report to the Illinois DNR.
- Complete the Boating Accident Form on the U.S. Coast Guard website.
- Save the completed form and attach it to an email to: dnr.boataccidents@illinois.gov.
- You can also print the form and mail it:
Attention: Boat Accident
Illinois Department of Natural Resources
Office of Law Enforcement
1 Natural Resources Way
Springfield, IL 62702
The Illinois Conservation Police or local law enforcement will investigate your report.
Do I Need a Boating License to Operate a Watercraft in Illinois?
In Illinois, anyone born on or after January 1, 1998, must pass a boater safety course and carry a boater education card to operate a watercraft with a motor over 10 horsepower (HP).
Does This Illinois Law Apply to Jet Skis?
Yes, because jet skis have engines with more than 10 HP.
How Do I Get an Illinois Boater Education Card?
- Sign up for a state-approved course online.
- Take an approved online boating safety course, like Boat-ed.com.
- Pass the knowledge test.
- Print your temporary card, and you can boat legally.
How Much Does the Illinois Boating Safety Course Cost?
According to the Illinois DNR, an in-person, instructor-led course is free. Online courses range from $34.95 to $59.95.
What Boat Safety Equipment Is Required in Illinois?
Illinois boating laws require specific safety equipment on board, including life jackets for each person, a fire extinguisher, a sound-producing device, and navigation lights for motorboats. For a complete list of required equipment, please see The Handbook of Illinois Boating Laws and Responsibilities.
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