Many different people can sue after an Illinois boating accident including the following:
- People riding in the boat
- People driving the boat
- People standing nearby the boat
- People owning boats in the vicinity
So Who Exactly Can Sue For Boat Accident Injuries?
Boating accidents come in many varieties. This means that people can be injured in a myriad of ways and normally they can also pursue a boating accident lawsuit for those injuries. Here are some profiles that illustrate who could bring a suit but remember that whatever manner you are wrongfully harmed, you could potentially bring a successful lawsuit.
- Boat Passengers: If you are injured while riding on a boat, you can probably bring a lawsuit against either the owner/driver of the boat you are on or the other boat owner/driver that was involved in the accident. The key here is which driver was responsible for the incident and for your injuries. It does not matter that you were invited onto the boat by a friend/family member/etc. because that person still owes you a duty to operate his or her boat in a safe fashion that does not harm you. Of course, if another boat crashes into the one that you are on and injures you, you can pursue an action against that person as well. Additionally, as a passenger, your lawsuit will probably focus on personal injuries and whatever damages follow from that.
- Boat Operators: As a boat operator and owner, other people owe you the duty not to injure you or damage your boat while you are out on the open waters or docked at bay. If another boater crashes into you, that person owes you for all the damage that they cause to your boat, any other property damaged on the boat, and any injuries you sustained. Also, you can sue any passengers that wrongfully damage your boat even if you invited them.
- Tubers/Jet Skiiers: Jet skiing and tubing are incredibly fun activities. Unfortunately, what makes them fun also makes them dangerous and prone to accidents. If you are injured while tubing or skiing, you could bring a lawsuit against several people. First, if the driver of the boat pulling you was unreasonably operating the vessel and that led to your injuries, you can definitely sue him or her. Examples of unreasonable behavior include drinking or driving too fast. By the same logic, if the driver of another boat crashes into you then you should be able to pursue a case against them as well. Finally, if someone leaves an object out in the water and you crash into that then you could potentially sue them. In this case, as well as the others, you will have to illustrate that their negligent conduct was primarily responsible for your injuries instead of your own.
- Swimmers/Bystanders: Finally, if you are swimming in the middle of a lake, standing onshore, or anywhere in between, then you can sue someone else if they crash into you and are primarily responsible for you injuries.
How Will I Know If I Can Sue After An Illinois Boat Accident?
Just because you were involved in an Illinois boat accident doesn’t mean that you will necessarily be able to sue in a court of law? So how will you know if you can sue after an Illinois boat accident? Here are some easy ways to identify if you will be able to bring a lawsuit:
- Did the incident cause you out-of-pocket expenses?
- Did the accident create changes in your life like pain or suffering?
- Did the event kill someone including a loved one?
- Was the boat operator or owner responsible for what happened?
- Were you partially responsible for what happened?
These simple questions will allow us to hammer down quickly whether or not you should file a case. Of course, there will be other items that factor into this determination but these issues fundamentally shape your overall ability to pursue recovery.
How Do You Pursue Recovery In Illinois Courts For Boat Accident Injuries?
Moving beyond the question of whether you can pursue recovery, you should soon begin answering how you will do so after a boat accident. There are some significant challenges in boat accident litigation so it’s important to consider how you will deal with them. Here is a quick review of the most sizeable hurdles in these lawsuits:
- What cases or laws afford you relief? In your complaint, you must lay out where and how Illinois allows you to recover. This takes not only legal research and experience but also a careful examination of the facts.
- What will you target in discovery? Discovery is a critical stage in boat accident cases because it allows you to compel the defendant to hand over information, items, and other things. However, you need to craft and execute a plan to effectively gather everything that you need to make your case. This is not easy. It takes skill, care, and resources.
- What is your case strategy ? Juries can be fickle and courts can be demanding in boat accident cases. Therefore, it is vital that you plan for and practice for every stage of your trial. This will ensure that you hand your case to the jury in the best light possible.
- What will you do after trial? Every case needs a post-trial plan because something can always go wrong. You need to account for unfortunate events so that if they do happen you are ready to fight back and appeal them.
Focusing on these issues will make sure that you are able to pursue recovery in Illinois for injuries you sustained in a boat accident. Of course, with experienced lawyers, this task will be immeasurably easier. To learn more about how you can get the compensation that you deserve, call our offices.
Still Worried You Won’t Be Able To Recover For An Illinois Boat Accident?
Rosenfeld Injury Lawyers has helped all different kinds of victims recover from boat and other kinds of accidents. We can help you too! Also, like them, we can represent you on a contingency basis so that you can go about your life and not worry about legal expenses or charges until the suit is over. If you want to know more about what recovery might await you, then call our offices and speak to someone from the Rosenfeld Injury Lawyers.
If you would like to know more about boat accidents in Illinois, please read the following articles: