Boating can be an exhilarating and fun-filled activity that brings together people of different ages and backgrounds. However, like every other outdoor activity, boating comes with its fair share of risks. Many boaters in Illinois and around the country have been involved in accidents that have left them with severe injuries and even death. In this article, we’ll go through Illinois boat accident laws and personal injury claims and how they affect boaters and passengers.
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Illinois Boat Accident Laws
Illinois has strict laws and regulations that govern boating activities. These laws are meant to enhance safety and prevent accidents in Illinois waters. Some of the most common boat accident laws in Illinois include:
Boating Under the Influence
Illinois DUI laws also apply to boaters. The legal blood alcohol concentration (BAC) limit for boaters is 0.08%. Any boater who exceeds this limit risks being charged with a DUI.
Required Safety Equipment
The Illinois Department of Natural Resources requires that boats have certain safety equipment on board. Some of the required equipment includes personal flotation devices, fire extinguishers, sound signaling devices, navigation lights, and ventilation.
Reckless and Careless Operation
Boaters who operate their vessels recklessly or carelessly can be charged with a misdemeanor offense. Some examples of reckless behavior include overloading, speeding, and unsafe passing of other boats.
Negligence
Boat accidents caused by negligence are also governed by Illinois laws. Negligence can occur when a boater fails to follow Illinois boating laws or engages in reckless and careless behavior.
Personal Injury Claims
If you’ve been injured in a boat accident caused by someone else’s negligence, you may be eligible for compensation to cover your medical expenses, lost wages, and pain and suffering. However, before you can receive compensation, you need to prove that the other party was at fault for the accident.
Negligence
As mentioned earlier, negligence plays a significant role in Illinois boat accident laws. To prove negligence, you need to establish that the other party owed you a duty of care, breached that duty, and that breach caused your injuries. For example, if a boater was speeding and collided with your boat, and as a result, you sustained a severe injury, you can argue that the other boater was negligent.
Comparative Negligence
Boat accident cases in Illinois are subject to comparative negligence laws. Comparative negligence means that both parties can be held responsible for the accident. If, for example, both boaters were at fault for the accident, the court can assign a percentage of fault to each party and award compensation based on that percentage. If you were found to be 30% responsible for the accident, you would receive 70% of your total compensation.
Statute of Limitations
In Illinois, you have two years from the date of the accident to file a personal injury claim. It’s important to note that failure to file your claim within this time frame may result in your case being barred. Additionally, consulting a personal injury lawyer as soon as possible after the accident can help ensure that your case is filed before the statute of limitations runs out.
Final Thoughts
Boat accidents can be devastating and cause significant injury or death to passengers and boaters. Understanding Illinois boat accident laws and personal injury claims can help you protect yourself and your loved ones while enjoying time on the water. If you’ve been involved in a boat accident, contact a personal injury lawyer to help you understand your legal options and guide you through the claims process.