Boat Accident

A Chicago boat accident lawyer can help you navigate the complex legal and insurance issues that arise after a boating accident. Many Chicago residents take to the water for relaxation, whether on Lake Michigan, the Chicago River, or the Des Plaines River. While a day on the water can be enjoyable, boating accidents can quickly turn tragic.

Unlike car accidents, boating incidents lack seat belts or advanced safety features, often resulting in victims being thrown overboard, leading to drowning, fractures, hypothermia, or even carbon monoxide poisoning from boat engines. The legal complexities surrounding boat insurance claims and liability can make securing compensation even more challenging.

At Rosenfeld Injury Lawyers, we have the experience needed to hold negligent boat operators accountable and fight for the maximum compensation you deserve. If you or a loved one has been injured in a boating accident on Lake Michigan, the Chicago River, or other area waterways, we are here to help.

You Have a Limited Time to File a Claim After a Boating Accident in Chicago, IL

You need to be proactive in filing a boating accident claim because there’s a deadline to meet. It’s called the statute of limitations and claims filed beyond this deadline are typically dismissed, meaning you receive any compensation.

Under Illinois state law, you have two years from the date of the boating accident to file a claim for personal injury, product liability, or wrongful death cases.

It’s vital you hire a Chicago boat accident lawyer soon after the accident so this time doesn’t run out. Ensuring your claim is within the time frame is the first thing we do when you reach out to us for a free case evaluation. With this crucial prerequisite met, we can move forward to crafting a legal strategy giving you the best chance of recovering maximum compensation.

Types of Cases Handled by Our Chicago Boating Accident Lawyers

The Chicago boat accident lawyers at our firm have more than two decades of experience winning major settlements in difficult personal injury cases. We’re familiar with almost every type of boating accident and use our experience in the field to secure fair compensation for you in any kind of recreational boating accident, including:

• Collisions: There may be any number of reasons why other watercraft might collide with your boat. These collisions will typically inflict heavy financial damages in addition to serious injuries, depending on the speed and angle of impact.
• Sideswiped by Jet Skis: It’s not uncommon for personal watercraft operators, on a jet ski for example, particularly those who are new to them, to end up sideswiping into a boat when they lose control of their watercraft and cause significant property damage.
• Flooding or Sinking: Collisions with another boat or a stationary object, through no fault of your own, may result in flooding and even sinking of your boat, potentially leaving you without safety equipment such as a life jacket.
• Catching Fire: There may be circumstances when a fire breaks out on the boat. It can spread quickly and put the occupants’ lives in danger, not to mention possibly destroying the entire boat.
• Defective Boats: Manufacturing defects in the boat’s engine, battery and electrical systems, navigational equipment, steering arms, and other components may prevent safe operation and ultimately cause boating accidents.

The Most Common Causes of Boat Accidents in Chicago

Most boating accidents in Chicago have a unifying thread as the causes behind how the accidents happened often tend to be quite similar. Inexperienced boat operators and violation of navigation rules remain the most common causes, in addition to the following:

• Inattentive Operator: Many Chicago boat accidents happen because the boat driver is inattentive or distracted by the passengers. They let their guard down thinking there are not many risks in an open body of water, but dangers can suddenly appear and catch them off guard.
• Mechanical Failure: It’s not uncommon for boats to develop mechanical failures preventing safe boat operation. The operator and boat passengers may ultimately have an accident because of this.
• Intoxication: Boating accidents involving intoxicated operators are far too common even though operating a boat while above the legal alcohol limit is against the law. People are out on the water having a good time, have too many drinks, and exercise poor judgment.
• Speeding: Operating the boat at excessive speeds, particularly in a No-Wake Zone, which is prohibited by boating laws, is risky and often causes accidents.

The Basis of Boating Accident Lawsuits

When establishing grounds for a lawsuit against the at-fault party, it must first be determined if they owed you a duty of care. For example, if another boat violates navigation rules and crashes into your vessel, their negligence has caused a breach of that duty of care, resulting in the accident that injured you.

Negligence forms the basis of boating accident lawsuits. If you can successfully establish the other party’s negligence, you can recover compensation. You’ll be able to claim both economic and non-economic losses for the damages you’ve suffered.

It’s best to work with a boat accident lawyer experienced in personal injury lawsuits who can utilize the evidence to clearly establish negligence and help you win a large settlement.

Legal Liability for Chicago Boating Accidents

It may not be just the boat operator that’s liable for your watercraft accident. Other parties may have played a contributing role in the accident as well which would make them liable to compensate you. The liable parties for your accident may include:

• Boat Owners and Operators: A boat owner would be liable if they don’t maintain the vessel regularly. Operators are liable if they don’t abide by maritime safety laws, fail to provide boating safety gear or operate the vessel recklessly.
• Passengers: Even the boat passengers may be liable for the accident if they prevent the operator from performing their duties involving the safe operation of the vessel.
• Boat Manufacturers: If the accident was caused by a defect, a product liability claim will exist against the manufacturer, particularly if they suppressed information about the defect.
• Marinas and Boat Harbors: Owners and operators providing these services may be held liable if they are negligent in their duties, such as failing to take appropriate boating safety precautions.

Proving Fault in a Boating Accident Case

Based on the at-fault doctrine followed in Illinois, the negligent party at fault for the accident is required to compensate you. When proving fault for a boating accident case, you basically have to prove the other party’s negligence in one of these ways:

• Common Law Negligence: You’re also entitled to make a simple common law negligence claim whereby you’re required to prove the at-fault party owed a duty of care and their negligent breach of that duty making them liable to pay damages.
• Negligence per se – Negligence per se is a doctrine of US law that considers an act negligent if it violates a regulation or statute. The at-fault party’s negligence is automatically assumed in these cases. For example, Illinois law prohibits operating boats in a No Wake Zone at speeds over 5 mph. If someone violates this law, they will automatically be deemed negligent.

The Jones Act or Merchant Marine Act of 1920

Seamen who are injured at sea during their employment can also initiate legal action against their employers under the Jones Act, also known as the Merchant Marine Act of 1920. The Jones Act is a federal statute that extends the Federal Employer’s Liability Act to seamen who get injured on the job. Prior to the act, seamen could only sue the ship owner for damages.

The act covers both ships at sea and docked vessels that are staffed and in use. Workers aboard these vessels have additional protections requiring boat owners to be receptive, even though maritime law limits their ability to get a jury trial.

The Chicago Jones Ac lawyers at our firm are highly skilled at handling these complicated cases. They will help you pursue a case in federal or district court and ultimately win.

What to Do After a Boat Accident in Chicago

If you’re a boat operator, you’re required to report the accident to the Coast Guard. Do this as soon as possible. If you or other people in the boat are injured, it would be wise to seek medical attention immediately. Your next steps are important as they can influence how solid your claim is for compensation. Here’s what you should do:

• Wait for the Authorities: Stop your vessel after an accident and remain at the crash site until the responding authorities come and take your statement. If possible, remove the vessel from the path of other watercraft.
• Report the Accident: Boat operators are also required to report the accident to the Coast Guard, which can also be done through their website, if the accident resulted in a loss of life, if treatment beyond first aid was required, or if total property damages are greater than $2,000.
• Take Information and Evidence: You’ll want to take the information of all parties involved and record any evidence that can help support your claim for compensation later.

Don’t leave the accident site before giving your statement to the responding authorities. It will prove to be very useful when evidence is required to support your claim. Never accept any fault for the accident and it’s best not to discuss matters with the other parties in the absence of your boating accident lawyer.

Financial Compensation We Can Secure for Boating Accident Victims

We’ll fight the good fight and help you get the maximum compensation for your injuries. How much you actually receive depends on many different factors as there are no fixed settlement amounts paid out to all boat accident victims.

For instance, you’ll likely win more in damages if the injuries suffered were serious or downright catastrophic, there was significant damage to the boat, or have a personal injury lawsuit against a company that makes or maintains boats. We’ll pursue all liable defendants to get you the most in compensation.

Factors Affecting Boat Accident Settlement Amounts

The circumstances surrounding a boat accident largely influence the settlement amounts. Some of the factors presented during negotiations or in jury trials before deciding on a settlement amount include:

• Amount of Losses: If you’ve suffered major financial losses due to the accident, you may be entitled to sue for and recover the entire amount of the losses, such as damage to your boat and other personal property.
• Injury Severity: Settlements are typically on the higher side in cases where the victim suffered severe injuries.
• Insurance Coverage Available: Any limits on the insurance coverage the defendants have purchased may also restrict how much you win in damages after filing insurance claims. Our Chicago boat accident lawyers will push for maximum compensation utilizing all legal options.
• Evidence and Witnesses: Your claim needs to be supported by solid evidence and witness statements to clearly establish negligence and fault.

The Most Common Boat Accident Injuries

Boating accident victims are at a great risk of suffering catastrophic injuries that may leave them with a lifelong disability. There’s added risk as these boating accidents happen out on the water. Some of the injuries commonly seen in many boating accidents include:

• Drowning
• Traumatic Brain Injuries
• Broken Bones
• Amputation
• Burns and Lacerations
• Spinal Cord Injuries
• Emotional Distress and PTSD

Damages Our Chicago Boating Accident Attorneys Can Help You Recover

The Chicago boating accident attorneys at our firm are committed to helping you recover all of the damages you’re entitled to.

These include economic damages to cover your medical bills, medications, lost wages, property damage, and future medical expenses. Compensation for non-economic damages includes pain and suffering, emotional trauma, loss of income potential, and loss of mobility.

If your loved one was killed in a Chicago boating accident, you can also claim specific damages through a wrongful death lawsuit. You’re eligible to receive compensation for all of the funeral and burial expenses, loss of companionship, as well as loss of consortium.

Filing a Boat Accident Lawsuit With Rosenfeld Injury Lawyers

We understand a boat accident is a traumatizing experience, and our goal is to make the recovery process as effortless as it can be for you. Our law firm has put together a process enabling us to deliver big settlements for our clients without placing any burden on them.

• Free Consultation: Reach out to us at any time for a free, no-obligation case evaluation. Our lawyers will understand the facts of your case, advise you on the best way to proceed and provide an idea of how much you could potentially win.
• Accident Investigation and Evidence Gathering: We conduct a thorough investigation of the accident to independently verify all facts and collect every piece of evidence to help you win a big settlement.
• Settlement Negotiations: Our expert negotiators will try their best to get you a favorable settlement from the insurance provider, backed by solid evidence of the at-fault party’s negligence.
• Going to Trial: If a settlement can’t be reached, our lawyers start preparing to take the case to trial. They’ll rely on their decades of trial experience to get you a favorable jury verdict.

Chicago Boating Accident Statistics

The most recent data from 2022 shared by the US Coast Guard and the Illinois Department of Natural Resources reveals that while there’s a promising decline in the number of boating accident fatalities from boating accidents, there’s little to no change in the common causes of these accidents, highlighting the need for operators to exercise better judgment.

• Operator inattention and operator inexperience are among the most common accident factors [1]
• Alcohol remains a leading factor, contributing to 88 boating accident deaths nationwide [1]
• Illinois boating injuries were up 37% from the previous year [2]
• Illinois saw roughly three deaths per 100,000 registered recreational vessels [2]
• A total of 52 Illinois boating accidents occurred during 2022 [2]
• 15 boating accidents were recorded in Cook County [2]

The Time It Takes to Settle a Chicago Boat Accident Case

The settlement for your Chicago boat accident could come in a couple of months if there are no unnecessary delays from the insurance company.

However, if it proves to be a complicated case involving several defendants and insurance companies, you could be looking at anywhere between six months to several years, particularly if the case ends up going to trial.

It can’t be emphasized enough why you should quickly hire a lawyer after your boat accident. Time is of the essence when it comes to lawsuits for recovering compensation.

The sooner you get the ball rolling, the higher your chances of securing a favorable outcome that adequately compensates you for the injuries you’ve suffered.

The Cost of Hiring an Experienced Boating Accident Attorney

We firmly believe affordability should never get in the way of professional legal representation. At Rosenfeld Injury Lawyers, we’ll handle your boating accident lawsuit on a contingency fee basis. Our lawyers will take care of everything, including the trial if needed, without you having to pay us anything upfront.

There’s no obligation for you to pay unless you win. We take a percentage of your confirmed settlement offer as our fee once the claim is decided in your favor.

Our commitment to securing maximum compensation for you will never waver as we’ll utilize every available option under the law to get you the justice you deserve.

Contact a Chicago Boating Accident Lawyer Today!

As a top personal injury law firm in Chicago, we’ve developed a formidable reputation as lawyers who come through for their clients. So far, we’ve helped our clients recover more than $450 million in damages, and we’ll leverage all of our experience to help you as well. Take advantage of our free consultation to understand how much your claim might be worth. We’ll take up your case on a contingency fee basis, so you pay nothing unless you win.

Give us a call at (888) 424-5757 and our boat accident lawyers will be by your side every step of the way.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Chicago, Decatur, Naperville, Springfield and throughout Illinois.

Resources: [1] US Coast Guard, [2] Illinois DNR

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.