Can you sue a drunk boat driver? In Naperville and elsewhere in Illinois, it is possible to sue a boat driver who was drunk at the time of an accident that caused serious injuries. Suing helps you get compensation and hold the boater responsible for his or her negligence. Your lawsuit needs to prove elements such as the driver’s negligence and that boating under the influence directly caused the accident and injuries or damages.
Boat accident lawyers focus on personal injury cases and should have experience in maritime law and BUI cases. Call Chute, O’Malley, Knobloch, and Turcy at 312-775-0042 for help in the Naperville area.
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What Is the Legal Blood Alcohol Concentration (BAC) Limit for Boaters in Illinois?
Illinois has the same BAC for operating a boat as for driving a car — 0.08%. In other words, boat drivers who have BACs of 0.08% or higher may be legally intoxicated and could face charges of boating under the influence.
In 2022, BUIs were the second most common type of boating violation in Illinois, after life jacket violations concerning children younger than 13 years old. If boat drivers exceed the BAC limit and cause accidents, they could face criminal charges. Injured victims can also file personal injury lawsuits to recover damages.
Boat Driving License and BUI Laws
Lake Michigan, the Chain O’Lakes system, and Carlyle Lake are some spots where boaters may be more likely to drive intoxicated and cause accidents. For example, Lake Michigan attracts a lot of boat traffic, particularly in the summer. Chain O’Lakes also draws its share of partygoers and inexperienced boat drivers. Meanwhile, strong winds are common in Illinois waters, including on Carlyle Lake.
A person guilty of BUI faces severe penalties that include the suspension of his or her boat driving license, fines, and jail time. To operate motorboats and other types of watercraft, adults in Illinois must have a valid Boating Safety Certificate accepted by the Department of Natural Resources.
Children who are at least 10 years old but younger than 12 can operate certain types of boats if they are under appropriate supervision. Children 12 to 18 can drive boats if they have the safety certificate or are under the appropriate supervision of an adult. Adults responsible for supervising children who are operating boats must have the boating safety certificate.
Can You Sue a Drunk Boat Driver After an Accident?
You can sue a drunk boat driver if he or she caused an accident resulting in injuries or property damage. You can file a personal injury lawsuit to seek compensation for medical bills, lost wages, pain and suffering, and property damage.
For a successful outcome, you need to prove the driver’s negligence and that it caused the accident. A boating accident case should include these elements:
- Duty of care: All boat drivers have the duty of care to drive their boats safely to protect people on the water.
- Breach of duty: Driving a boat under the influence of alcohol or drugs is a breach of the duty of care.
- Causation: Boating under the influence must have directly caused the boating accident and injuries or damages.
- Damages: Accident victims must have suffered measurable damages, such as medical expenses and lost income.
One of the trickiest parts of drunk boat driver lawsuits is proving that the operator’s intoxication directly caused the accident. A case requires more than showing only that the driver was intoxicated. A case must show, for instance, that intoxication caused impaired judgment or slowed reaction times and these led the driver to lose control of the boat.
Common Injuries in Drunk Boating Accidents
Common injuries that prompt litigation from boating incidents include traumatic brain injuries, broken bones, and spinal cord injuries leading to mobility issues or paralysis. Drowning or near-drowning incidents can also cause injuries, as can burns and lacerations from fuel spills or boat propellers.
Any of these injuries in Naperville and elsewhere in Illinois can require expensive medical care and rehabilitation. The emotional and physical pain may be tremendous, with a long-term impact on victims’ lives.
How a Boat Accident Lawyer Can Help You After Your Accident
Legal assistance can make a huge difference after you have been in an accident caused by an intoxicated boat driver.
How a Lawyer Can Help You Seek Compensation
You can sue a drunk boat driver, and your boat accident lawyer can investigate the boating accident. For example, your lawyer can gather evidence such as police reports, witness statements, and toxicology results. These can prove driver intoxication and how it caused the accident and injuries.
Many personal injury cases get resolved through settlement negotiations. A lawyer can negotiate with the boat driver’s insurance company to get a fair settlement for you. If a fair settlement is not possible, a lawyer can represent you in court and present your case to the judge or jury.
A boating accident lawyer’s contingency fee arrangement can reduce your stress and offer several types of financial relief. For instance, you likely will not have to pay upfront legal fees. These lawyers get paid only if they settle with the insurance companies or win the case. This lets you focus more on recovery, rather than legal bills. Since you are not risking your own money on the case, you also limit your potential for financial loss.
How to Choose a Boat Injury Lawyer in the Naperville Area
When choosing a personal injury lawyer, consider factors such as the lawyer’s experience in boat accident cases. Not all personal injury lawyers have knowledge of drunk boat drivers and boating accidents, maritime laws, and Illinois boating regulations.
Ask your boat accident attorney about his or her history of winning boating accident settlements or verdicts. Make sure that the attorney’s communication style meshes with yours and that his or her answers to your questions make sense.
Lawyers can help you deal with insurance companies. For instance, the boat operator’s insurance company may contact you. Keep a few personal injury tips in mind, such as being skeptical of the insurance company’s initial offer.
Initial settlement offers typically are unfairly low, and your lawyer can help you determine if an offer fairly compensates for your injuries. The full severity of your injuries may not manifest until later, and insurance companies tend to ignore this fact when making an offer.
Also, avoid giving the insurance company recorded statements. If insurance adjusters ask you for these, decline so you can consult your lawyer. Insurers often use recorded statements against you later to minimize your claim.
To help your lawyer build a strong case, document everything you can. Detailed records of your medical treatments, lost income, and all expenses related to the accident are important. Keeping a journal may also help with showing the mental and emotional impacts of the accident on your life.
Types of Compensation You Can Recover After a Drunk Boating Accident
You can sue a drunk boat driver, and the types of compensation available take the form of economic and non-economic damages. Economic damages are tangible and measurable. They are relatively easy to calculate because they involve financial losses. Common types of economic damages include:
- Medical expenses: You can get compensation for medical treatment related to the accident, including emergency care, hospital stays, surgeries, rehabilitation, prescription medications, and ongoing medical care. For severe injuries, you can recover compensation for anticipated future medical expenses.
- Lost wages: Many people cannot work after being in boating accidents, and you may be entitled to compensation for lost wages. This includes future earnings if you cannot return to work or must take a lower-paying job due to your injuries.
- Property damage: If the accident damaged your boat or other personal property, you can seek compensation for repairs or replacement costs.
Non-economic damages are subjective and trickier to quantify than economic damages. The goal of non-economic damages is to compensate for emotional and psychological effects of the accident, as well as your pain and suffering.
Pain and suffering covers the physical pain and discomfort you endured from the accident and your injuries. The severity and duration of your pain and suffering are important factors when calculating this aspect.
Meanwhile, compensation for emotional distress considers factors such as mental anguish, anxiety, and depression. Your injuries may prevent you from enjoying hobbies or activities you used to, and this can qualify you for compensation for loss of enjoyment of life.
In some situations, loss of consortium is an option. This happens when a spouse or family member claims damages for the loss of companionship, care, or affection stemming from your injuries.
Understanding these types of compensation can help you prepare for filing a claim and seeking damages. A skilled boat accident lawyer can help you build a strong case for maximum compensation. Contact us today at Chute, O’Malley, Knobloch, and Turcy to discuss your case.