Injured people generally have two years from the date of an incident to file a boating accident lawsuit in Naperville or elsewhere in Illinois. The lawsuit should show the other party’s liability and could be against a boat operator, a boat manufacturer, or a third party such as a marina operator. Some exceptions to the two-year timeframe apply and could shorten or extend the time you have to file. For example, the deadline could be as short as one year if the claim is against a government entity.
Get help for a boating lawsuit as soon as possible. Call Chute, O’Malley, Knobloch, and Turcy at 312-775-0042 to discuss your case.
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Boating Laws in Illinois
The Illinois Boat Registration and Safety Act outlines the requirements for people to operate watercraft in the state. Notable regulations include the following:
- Licensing and registration: Vessels must have a valid registration, and operators often must have a boat driving license.
- BAC limits: Boat operators have the same 0.08% legal limit for BAC that motor vehicle operators do. People guilty of boating under the influence (BUI) may face serious consequences.
- Safety equipment: Boats must feature the appropriate safety devices, such as life jackets, fire extinguishers, and navigation lights. A lack of proper equipment can mean fines or increased liability if an accident occurs.
- Duty of care: Boat operators have a duty of care to passengers, other boaters, and swimmers to drive as safely as possible. Speeding, reckless driving, and failure to follow navigational rules are some of the possible grounds for liability in a boating accident lawsuit.
Determining Liability in Boating Accidents
It is not always clear who is at fault in boating accidents. For instance, the boat operator may seem entirely at fault at first glance, but it is possible that other parties, such as the boat’s manufacturer, share some responsibility. Factors such as the actions of the boat operators, the condition of the vessels involved, and compliance with Illinois boating regulations come into play when figuring out liability.
Negligence and Fault
Negligence must be proven for someone to be held liable in a boating accident. The operator may be held liable for damages if operator error such as speeding, reckless driving, or failure to follow navigational rules caused the accident.
A defect in the boat or one of its components may have caused the accident. If mechanical failure or some type of defect did this, you may have grounds to seek compensation from the boat’s manufacturer. Meanwhile, marina operators have the responsibility to properly maintain docks or address incidents of a boater behaving recklessly. If operators do not do this, they may share liability.
Shared Liability and Comparative Negligence
A modified comparative negligence rule applies in Illinois. People injured in accidents can be partially at fault for an accident, with their compensation reduced by the percentage of fault. However, if you are more than 50% responsible, you cannot recover damages.
Steps to Take After a Boating Accident
After a boating accident, quick and methodical steps can protect your rights and help you build a case for a lawsuit.
Ensure Safety and Call for Help
Safety should be your first priority. If possible, help any injured people and move your vessel to a safe area to get it away from further hazards. Call the Coast Guard or local authorities to report the accident. Request emergency medical assistance if necessary.
Exchange Information
Just like in a car accident, exchange contact and insurance information with other boaters involved. Gather details such as names, addresses, and phone numbers, boat registration numbers, insurance policy information, and witnesses’ names and contact details.
Document the Scene
Take photographs of the accident scene, including damage to the boats, visible injuries, and important environmental factors such as weather conditions or waterway markers. Taking these photos is one of the important steps after a personal injury that can help prove liability later.
File an Accident Report
Boating accidents resulting in death, disappearances, an injury requiring more than first aid, or property damage of $2,000 or more must be reported to the Illinois Department of Natural Resources, then report your accident to the Illinois Conservation Police or your local law enforcement for investigation. If you do not file a required report, you could hurt your case.
In fiscal year 2022, officers in Illinois investigated 52 reportable boat accidents. Forty injuries and six fatalities were reported, with about three deaths per 100,000 vessels.
Seek Medical Attention
Even if you do not think you are injured, see a doctor or other medical professional as soon as possible. Boating accident injuries, such as whiplash or internal trauma, can take a while to become obvious. Documentation from your medical visits can serve as evidence of the link between the boating accident and your injuries. It can also be evidence in your pain and suffering case and other compensation claims.
Consult With an Accident Injury Lawyer
The importance of timely legal consultation after an injury deserves emphasis. Experienced boat accident injury lawyers in the Naperville area can guide you through the legal process, help determine who is liable, and ensure that you file your lawsuit within Illinois’ statute of limitations. It is typically two years from the date of the accident but can be shorter or longer, depending on the situation.
- Discovery rule: If your injuries or damages were not immediately clear after the accident, the statute of limitations could start when you discovered or reasonably should have discovered your injuries. For example, internal injuries might not be diagnosed until months after the accident, even if you get prompt medical attention. In such cases, the two-year period might begin from the date of diagnosis.
- Government entities: If the boating accident involved a public entity, such as a city dock or public marina, shorter filing deadlines may apply. In Illinois, some of these claims have deadlines of just one year along with different procedural requirements.
- Minors and incapacitated people: If victims of a boating accident are minors or legally incapacitated at the time of the accident, the statute of limitations could get extended. For minors, the two-year period typically starts when they turn 18.
Getting the assistance of an attorney as early as possible helps preserve your rights. For instance, evidence can disappear quickly, and witness memories fade or become less reliable. Lawyers can also quantify damages and negotiate a fair settlement. They can represent you for your injury case going to trial, if litigation becomes necessary.
Compensation in Boating Accident Lawsuits
Victims of boating accidents in Illinois may be able to get compensation for a variety of damages. Compensation can include medical expenses for both past and future medical treatment, lost wages and lost future income, pain and suffering, and property damage. Pain and suffering settlements hinge on how serious the injuries are and their effect on the victim’s quality of life.
If your case goes to trial, a judge or jury determines whether the defendant is liable for your injuries and how much compensation you should receive. Deciding whether to go to trial often depends on how complex the case is, how serious the injuries are, and whether the at-fault party’s insurer offered a fair settlement. Boat accident lawyers assess the strengths and weaknesses of your case and advise you on whether to accept a settlement or pursue litigation.
Contingency Fee Basis
Most personal injury attorneys work on a contingency fee basis. Their fees depend on the outcome of the case. If a lawyer gets a settlement or wins the case at trial, he or she receives a percentage of the compensation awarded to the client. However, if the case is unsuccessful, the client typically does not owe the lawyer any fees for his or her services.
Many personal injury lawyers offer free consultations. Doing this helps them assess the strength of a boating accident case before they take on a contingency agreement.
A contingency fee basis offers many advantages for accident victims. The lawyer has the motivation to get the highest possible compensation since it directly affects their payment. Clients do not need to worry about paying their lawyer right away, which helps them focus on other matters such as recovering.
Role of Insurance Before Filing a Boating Accident Lawsuit in Naperville
Boat owners often carry insurance similar to car insurance that covers liability for injuries and property damage. Policy limits and coverage for damages can affect the outcome of a case.
Victims of boating accidents usually start by filing a claim with the at-fault party’s insurance company. These claims generally include medical records, property damage estimates, and a detailed breakdown of how the accident occurred.
Insurance adjusters can investigate the accident, with negotiations resulting in a settlement. Insurance companies often try to minimize payouts, so having a boat accident lawyer assists with making sure settlement offers are fair. A lawsuit may be necessary if the insurance company is not fair or cooperative.
If the at-fault party does not have insurance or the coverage is insufficient, other avenues to compensation may be available. They could include seeking personal assets or filing a lawsuit. Working with an attorney is important in these situations.
The Litigation Process
Boating accident lawsuits involve stages such as filing the complaint, which lists the facts and legal basis for the lawsuit. Later, depositions, document requests, and interrogatories may be part of the discovery phase.
Both sides can continue negotiating to settle before a final verdict at trial. A trial can take a long time, but compensation may be higher. However, many people choose to settle. Winning a case is uncertain, and waiting for a final trial verdict brings the risk of no compensation.
Expert Witnesses in Naperville-Area Boating Accident Cases
Expert witnesses are especially helpful in boating accident lawsuits that involve technical issues or mechanical failure. These witnesses can clarify complicated aspects of a case for the jury and bolster the injured party’s claim.
Accident reconstruction experts work to recreate the incident using evidence such as damage to the boat, GPS data, and witness statements. Their analysis helps establish who may be at fault.
Meanwhile, injury severity is a huge factor in determining compensation. Medical experts can explain the nature of the victim’s injuries, the necessary treatments, and how the injuries affect the victim’s quality of life.
Types of Boating Accidents That Lead to Lawsuits
Boating accidents occur in many ways, such as collisions between boats, accidents involving docks or other stationary objects, and situations in which passengers fall overboard. Capsizing, fires, and weather-related accidents are other scenarios. In all of these circumstances and others, operator error or negligence can play a role. Examining the type of accident helps with building a case for liability.
- Driver inattention: When boat operators are distracted or not watching the water, collisions may occur.
- Weather: Sudden storms or large waves can make steering a boat difficult.
- Speeding: Going too fast in restricted zones or in dangerous weather increases the possibility of accidents.
- Improper lookout: Not having a lookout can result in accidents, especially in busy areas.
- Alcohol: Alcohol is a major factor in boating accidents since it can impair judgment and reaction times.
To expand further, alcohol affects the ability of boat operators to react to changing conditions, such as rough waters, obstacles, and other vessels. It also affects balance and coordination. Alcohol plus exposure to sun, wind, and water can intensify impairment, too.
Long-Term Impact of Boating Accident Injuries
Spinal cord injuries, traumatic brain injuries, and other types of boating accident injuries can affect people in Naperville for life. Common impacts include chronic pain, reduced mobility, and the need for ongoing medical treatment.
Victims may also lose their earning capacity or not be able to return to work. These long-term effects play a role when calculating compensation for medical expenses, lost wages, pain and suffering, and other damages.
You may be eligible for many types of compensation after a boating accident. Contact us at Chute, O’Malley, Knobloch, and Turcy to talk about your case.