Can I Pursue Compensation for a Boating Accident in Illinois?

 Posted on May 15, 2020 in Blog Post

May is National Water Safety Month. Now that the weather is finally getting warmer in Illinois, many people are getting their boats ready to hit the water. These types of watercraft may include fishing, speed, pontoon, sailboats and even yachts. The Illinois Boating Education Certificate is also referred to as the Illinois Boating License. This document is proof that a person has met the mandatory boat safety education requirements for the state. However, even when all safety precautions are taken, just like vehicle collisions, a boating accident can occur, resulting in minor to serious and even fatal injuries. According to a report by the U.S. Coast Guard, there were approximately 2,500 recreational boating injuries and 633 boating fatalities in the United States in 2018. In some cases, the reckless or negligent behavior of another boater may be to blame for a boating accident.

Factors the Lead to Danger on the Water

There are many potential distractions onboard a boat, especially when there are many passengers in a party-like atmosphere. Operators of boats are expected to stay sober and alert while paying attention to their surroundings. Ignoring navigational rules on the water is considered a blatant disregard for safety. In addition, the wind, weather, and water can be unpredictable, requiring drivers to recognize early warning signs of hazards.

A few of the most common causes of a boating accident include:

• Driver error
• Improper lookout
• Speeding/reckless driving
• Alcohol consumption
• Faulty equipment/defective parts
• Water safety violations
• Bad weather conditions

Proving Negligence

Similar to drunk driving car accidents, if the operator of a watercraft is impaired due to alcohol or drug use, he or she is endangering the lives of everyone on board. This is true for drivers of other boats that may be in the vicinity. Boat owners also have a duty of care to maintain their watercraft in proper working order by performing routine maintenance. There are several items that always need to be checked before heading out onto open water.

In other cases, a defect in the boat may cause the engine or sails to fail or malfunction. Depending on the circumstances, the manufacturer or retailer of the boat may be held responsible through a product liability claim.

Operator inexperience, inadequate maintenance, or defects are the main causes of boating accidents. If any of these issues were involved in an accident that injured you or caused the death of a friend or family member, you may be able to seek compensation. A skilled personal injury lawyer can guide you through the process of filing a claim.

Contact a Park Ridge Personal Injury Lawyer

Summertime brings many people outdoors for fun excursions, including boat trips. As with vehicles, there are many factors that increase the likelihood of an accident. If you or your loved one suffered an injury because of another party’s negligent actions, you may be entitled to compensation. At the distinguished Quinn Law Group, LLC, we will advocate on your behalf in pursuing damages for your pain and suffering. Our experienced Des Plaines boat accident attorneys understand personal injury law in Illinois and have handled many types of cases to successful outcomes. To schedule your free consultation, call us today at 847-232-7180.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2375&ChapterID=67

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500450K6-1

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500450HArt.+VI&ActID=1826&ChapterID=49&SeqStart=11100000&SeqEnd=11500000

https://www2.illinois.gov/dnr/boating/Pages/BoatingAccidentReport.aspx