Michael J. Lucas & Associates, LLC helps clients examine boating accidents carefully so that the legal and practical questions are addressed before important evidence disappears.
Common Causes of Boating Injuries
Boat accidents can result from excessive speed, operator inattention, alcohol or drug impairment, failure to maintain a proper lookout, unsafe turns, overcrowding, inexperienced operation, defective equipment, inadequate maintenance, collisions with docks or other vessels, or dangerous conduct around swimmers and personal watercraft.
Passengers can also be injured without a direct collision. Sudden maneuvers, wakes, slippery surfaces, unsafe boarding conditions, or poorly maintained equipment can cause serious injuries.
A boating injury does not automatically establish negligence. The conduct of the operator and other responsible parties must be evaluated under the circumstances that existed at the time.
Who May Be Responsible?
Potentially responsible parties may include the operator, vessel owner, rental company, employer, maintenance provider, manufacturer, or another boater. In some cases, more than one source of insurance may need to be examined.
Certain accidents on navigable waters may also implicate federal maritime principles. That does not mean every recreational boating accident becomes a federal case, but the location and nature of the incident can affect the applicable law and should be evaluated early.
Preserving Evidence on the Water
Boats are often moved, repaired, returned to rental companies, or placed back into service quickly. Photographs, vessel identification information, witness names, accident reports, electronic information, operator records, rental documents, maintenance records, and physical damage can become important.
Illinois law also requires reporting of certain boating accidents. Promptly preserving the available information can make later investigation more reliable.
Injuries and Recoverable Losses
Boating accidents can cause fractures, head injuries, spinal injuries, lacerations, propeller injuries, near drowning injuries, and other serious harm. Depending on the facts and applicable law, an injured person may be able to pursue medical expenses, lost income, future care, pain and suffering, disability, loss of normal life, and other legally recoverable losses.
A complete claim should consider not only the immediate medical bills, but also the effect of the injury on work, mobility, recreation, and future treatment when those consequences can be supported.
Do Different Deadlines Apply to Boat Accidents?
Potentially. Ordinary Illinois personal injury deadlines may apply in some cases, while other statutes, governmental defendants, or maritime rules can alter the analysis. For that reason, it is better to identify the governing law than to assume that a familiar deadline controls.
If you have been injured in a boating accident, Michael and his team can review the facts, identify potential responsible parties and insurance coverage, and help you understand the legal issues that may affect the claim.
Areas We Serve
Michael J. Lucas & Associates, LLC assists clients throughout Boone County, Cook County, DuPage County, Kane County, Lake County, McHenry County, and Will County.
Our office serves clients throughout Northern Illinois, including Addison, Algonquin, Antioch, Arlington Heights, Aurora, Barrington, Bartlett, Batavia, Belvidere, Bloomingdale, Bolingbrook, Buffalo Grove, Carpentersville, Cary, Chicago, Crystal Lake, Deerfield, Des Plaines, Downers Grove, Elgin, Elk Grove Village, Elmhurst, Evanston, Fox Lake, Fox River Grove, Frankfort, Geneva, Glen Ellyn, Glenview, Grayslake, Gurnee, Hanover Park, Hampshire, Harvard, Highland Park, Hoffman Estates, Huntley, Joliet, Lake Barrington, Lake Forest, Lake in the Hills, Lake Zurich, Libertyville, Lincolnshire, Lisle, Lockport, Lombard, Marengo, McHenry, Mokena, Mount Prospect, Mundelein, Naperville, New Lenox, Northbrook, Palatine, Park Ridge, Plainfield, Poplar Grove, Prospect Heights, Rolling Meadows, Romeoville, Roselle, Schaumburg, Shorewood, South Elgin, St. Charles, Streamwood, Sugar Grove, Vernon Hills, Waukegan, West Chicago, Wheaton, Wheeling, Wilmette, Winfield, Wood Dale, Woodridge, and Woodstock.