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.
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¿Necesito una licencia de navegación en Illinois?
What to Do If You Are in a Recreational Boating Accident
Si ha sufrido lesiones en un accidente de barco, estos son algunos pasos importantes que debe seguir:
- 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.
- Haz fotos de los daños en ambas embarcaciones.
- Consiga los nombres e información de contacto de los testigos.
- 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.
- No dé una declaración grabada a cualquier compañía de seguros antes de hablar con un abogado con experiencia en accidentes de navegación.
- Póngase en contacto con nuestros abogados de accidentes de navegación de Chicago para discutir sus opciones legales.
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
¿Quién puede ser considerado responsable en las reclamaciones por accidentes de navegación en Illinois?
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.
¿Qué indemnización pueden recibir las víctimas de accidentes de navegación?
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.
¿Cuánto tiempo tengo para presentar una demanda?
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.
Consulta gratuita
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.
- Rellene el formulario de accidente de navegación en el sitio web de la Guardia Costera de EE.UU.
- 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
La Policía de Conservación de Illinois o las fuerzas de seguridad locales investigarán su denuncia.
¿Necesito un permiso de navegación para manejar una embarcación en 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).
¿Se aplica esta ley de Illinois a las motos acuáticas?
Yes, because jet skis have engines with more than 10 HP.
¿Cómo puedo obtener el carné de formación de navegantes de Illinois?
- Sign up for a state-approved course online.
- Take an approved online boating safety course, like Boat-ed.com.
- Superar la prueba de conocimientos.
- Print your temporary card, and you can boat legally.
¿Cuánto cuesta el curso de seguridad náutica de Illinois?
According to the Illinois DNR, an in-person, instructor-led course is free. Online courses range from $34.95 to $59.95.
¿Qué equipo de seguridad para embarcaciones se exige en 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.
(312) 223-1700