Boating Accident

Yes, in certain cases a restaurant and/or bar may be held responsible. The Dram Shop Act in Illinois, 235 ILCS 5/6-21 creates a cause of action against owners of businesses that sell liquor if the physical injury was caused by an intoxicated person. The injured party must prove that the intoxication was caused by consumption of liquor provided by the restaurant and/or bar and that the injury, property damage, or loss of means of support or loss of society (in wrongful death cases) was caused by the act of an intoxicated person. It is also important to note that the amount that can be recovered from a restaurant or bar in a Dram Shop Action is statutorily capped in the State of Illinois. The Dram Shop liability limits for individuals injured or killed after January 20, 2014 shall not exceed $65,017.86 for each person incurring damages. The cause of action for loss of means of support or loss of society resulting from the death or injury to any person on or after January 20, 2014, shall not exceed $79,466.27.

Although Illinois boaters do not have to purchase boat insurance in order to operate their boat, often times a responsible boater does have adequate boating insurance. After an accident, it is important for all parties to exchange insurance information. In addition to exchanging insurance information, if you are involved in an accident, make sure to get the name and contact information of the boat owner and a copy of their registration and title for the boat.

Similar to automobile accidents, taking photographs after an accident is important. First, the photographs will serve as evidence of the property damage sustained, which can be claimed as an element of damage under Illinois law. You can seek reimbursement for your boat’s damages. Second, in many instances, the path of travel, speed, and direction of the boats at the time of the accident can be determined by looking at the physical damage the boats sustained in the accident. In civil litigation cases, we highly recommend that you take photographs of your boat’s damage as soon as possible after the accident.

There are a few common causes of boating accidents, including:

• A distracted/inattentive operator. Like car accidents, many boating accidents are caused by human error. Operators may become distracted by boat passengers. Or they may feel that boat operation does not require close attention because there are not many obstacles on the open water. In reality, bodies of water are unpredictable. Wind, weather, and other watercraft can suddenly appear and cause danger.
• An inexperienced operator. It is much easier to get a boating license than a driver’s license. However, boat operators still have a legal obligation to know how to safely operate a vessel. This isn’t just knowing how to drive a boat, but knowing basic boating laws, navigation rules, and how to handle emergencies.
• Intoxication. Operating a boat while above the legal alcohol limit is illegal and highly dangerous. Unfortunately, it’s quite common. Boat passengers are allowed to drink alcohol and have open alcohol containers. If an intoxicated boat passenger operates the boat or the boat operator has too many drinks, an accident can happen. Intoxicated boating accidents more often result in death and severe injury than accidents caused by other factors.

Federal law requires reporting your accident in any of these situations:

• An injury requires medical treatment beyond first aid.
• Someone suffers a fatal injury due to the accident.
• A person disappears under circumstances that suggest death or injury.
• Property damage totals $2,000 or more.
• The boat is destroyed.

You should call 911 and seek medical attention immediately.

You should also collect contact and boat registration information from other parties involved in the accident. Collect contact information from any witnesses. Take photos, if you can.

Finally, you should contact a lawyer with experience in boat accident lawsuits. Your lawyer will help you through the next steps. This may include reporting the accident to the relevant authorities, investigating your accident, filing insurance claims, and filing lawsuits.

There are some essential steps you should take prior to a boating excursion to ensure the safety of yourself, your passengers, and others on the water. Safety precautions include:

• Ensure your boat is properly maintained.
• Monitor weather conditions closely.
• Ensure there are life jackets available for all passengers.
• Maintain a safe speed.
• Make sure the weight of passengers and gear is distributed evenly – don’t overload your vessel.
• Ensure you are familiar with all navigation and traffic rules.
• Don’t drink before operating the boat.

If you have been hurt in a boating accident, you may be eligible for compensation. Boat operators have a legal responsibility to safely operate their vessels and minimize the risk of an accident. If they fail to do so, you may be able to pursue compensation for your medical bills, lost income, property damage, and pain and suffering.

Boat operators are not the only party who may be responsible for a boating accident. Boat manufacturers, dealers, or rental agencies may be responsible for mechanical malfunctions that result in an accident.

In Illinois, the statute of limitations for filing a personal injury lawsuit after a boat accident is two years. If you do not file a lawsuit within two years of the date of the accident, you may not be able to recover compensation for your losses.