Wrongful Death Caused by Boating Accidents in Illinois
Everyone loves hopping on a boat and blowing off some steam in the summer. Illinois has some of the best lakes and rivers in the country too which makes it even better.
However, recreational boating causes substantial personal injury or death. Boating operators are responsible for serious boating accidents due to negligence that may cause you, someone you know, or a loved one lots of pain and suffering. Some boating accidents are even fatal.
Rosenfeld Injury Lawyers LLC can file a personal injury claim or negligence lawsuit for free if you are injured in a boating accident.
Please contact us today for a free consultation about boating accidents or similar personal injury fatal accidents caused by a boating operator (especially due to alcohol intoxication). A lawyer can help you or a surviving family member see how the negligent party has liability and what civil claim or other legal cause of action you have under the law.
How Boat Operators Cause Fatal Boating Accidents
Boating accidents can happen instantly and even randomly. When they do, any boat accident can leave you injured and with costly damages. Let us examine what kind of conduct may cause deadly accidents including negligent acts.
Alcohol. Time and again, alcohol intoxication is one of the leading contributors to fatal boating accidents. The reasoning is simple: alcohol lowers your ability to handle the boat properly and understand your surroundings fast enough.
Error. Boats both large and small are hand to master. For many people, it can take years just to acquire a basic understanding of how to handle a boat. This difficulty can factor into many boating accidents that occur just from plan operator error.
Equipment. Despite their high price tag, many boat pieces break down or wear out and that can lead to a boating accident. For that reason, it is important for you to constantly check all of your boating parts and ensure that you are using modern and satisfactory equipment to avoid accidents.
Environment. Environmental factors play a part in many boating accidents. High seas, wind, sand bars and other unforeseen dangers lurk just beneath the surface of the water you are on and can jump up and bite you at any moment to cause an accident.
Attention. Even though boating companies make vessels that you might think can drive themselves, they cannot. You still need to pay attention as an operator to prevent boating accidents and damages. The law will still hold you responsible so turn down the music, put down the beer, turn around and pay attention when you are boating.
Call an attorney for a free case review and help over the phone today. Also, please see our contact information below and a lawyer can review the main facts of your case via phone call. They can also discuss all causes of action and required showings under the law.
Illinois Boating Accident Facts and Figures
- Hundreds of boating vessels are involved in fatal boating accidents yearly in Illinois.
- Dozens of people die annually in boating accidents across the state of Illinois.
- Alcohol and other intoxication is a primary contributor in about one quarter of all fatal Illinois boating accidents.
- Operator negligence and error is a main source factor for many boating accidents.
- Most boating accidents are caused by boat impact; struck propeller; fixed object collision; or element exposure; alcohol intoxication; and other factors.5
Boating Accident Laws and Damages Case
If you are involved in a boating accident with a boat operator, you might want to file legal civil cases for your losses. However, in order to do that, your claim must meet certain required legal conditions under the law. Let us discuss those now.
First, the boat operator that caused the crash must have been acting negligently. If it was not their fault, if it was someone else's fault, or if it was your fault, then you will not be able to hold them liable after you are injured on boats at sea.
Second, the law demands that you person bringing the case suffer actual injury which causes damages. These can be many different things-both tangible and intangible-such as medical expenses, suffering, lost companionship, and property damage. But you must plead and prove them to prevail in court!
Third, the defendant who acted negligently caused your damages. This might seem trivial but it is a critical legal step to connect the dots here. Otherwise, the liable party may jump in and argue someone else or you are responsible!
Considering a boat accident case? Call our law office and talk to a lawyer/attorney to get a free review of what losses you may get compensation for in a consultation. Main liability should not rest on your shoulders because the responsible person should pay.
Your Right to Recovery after a Boat Accident
We understand that all you may care about is what you can get or use from another person or company after a lawsuit, especially for free. Our main strategy for cases focuses on using an attorney to work the system to get care and help for our clients.
But you should take care to learn about what you are entitled to because it could be a lot such as hospital bills, boat damage, death, or other pain and suffering. Use a phone call with someone from our law group to learn more about your potential compensation would you decide to file a case. You could also hop in the car and come see us!
Fatal Illinois Boating Accidents and Wrongful Death Claim
Below are some sample cases involving boating fatalities in Illinois. These cases are intended to give you a sample of the values of these cases.
Should you have a question or wish to discuss a matter, we invite you to contact a boat accident attorney in our law firm for a free consultation regarding a potential wrongful death claim.
$1,255,000 Settlement; Cumberland, Illinois Boat Accident Death Case; 2014:
The events of this lawsuit occurred at Lake Mattoon but the actual cause of action was filed in an Urbana, Illinois court. A man in his late forties was riding his fishing boat around the large body of water. It was just a small vessel and he was not going very fast.
Out of nowhere, the defendant rode up on the side of his boat with a fast speedboat. The plaintiff suffered a traumatic brain injury from the collision and passed away not long after the boat crash. He had a wife and three kids-all girls-at the time of his death.
They brought this case against the reckless man who was driving the speedboat. Though he was not drunk at the time, they still said he was negligent and responsible for the incident and subsequent death.
The defendant's insurance carrier, American Family, actually took over negotiations and the two sides settled for $1,255,000 for all of the family's boat lawsuit claims.
$330,000 Settlement; Lake County, Illinois Wrongful Death Boat Lawsuit; 2001:
A group of people were camped out on a boat in the middle of the Fox Lake when another boater crashed into them. Both sides differed on whether the original vessel had its lights on at the time of the crash.
One of the passengers in the boat that was sitting there originally was forty. She suffered a brain injury and died pretty much right after the collision. Reports state that she did not linger long and suffer much.
Her husband survived her and filed this case against the other boater (who was subsequently convicted of involuntary manslaughter) as well as his insurance carrier. The boater offered up $300,000 to settle and the insurance company followed with another $30,000. The aggrieved man accepted both sums.
$9,600,000 Wrongful Death Settlement; Cook County, IL; 2010:
A forty-eight-year-old man was watching whales in Hawaii when a mast of the sailboat cracked and fell on him. He sustained a traumatic brain injury and died. His children and wife survived him after this tragic boating accident.
They claimed the boat operator was responsible and liable to them for the pain, expense, and enormous grief of the events. Prior to his passing, the man was a small business owner so the family had a large accident wrongful death claim for economic losses.
The insurance company for the boat operators recognized as much in their eventual $9.6 million settlement because about $1.8 million of that was for lost income.
$800,000 Wrongful Death Boating Accident Settlement; 1995:
The victim of this wrongful death claim was just a teenager. He was tubing with his friends in Lake Zurich. At some point, a boat turned behind the one that was pulling him and he got taken into the water bow. This took his life. Counsel for his estate brought wrongful death claims against the boat operators of each vessel.
They were based in fatal personal injury and death accident theories on behalf of him and his family members for negligence damages. Eventually, insurance carriers for both sides decided to take this dispute into settlement talks. The family recovered $800,000 from them.
Work With an Experienced Lawyer After Boating Accidents
Whether your boating accident (and the subsequent injury or death) was intentionally caused or the result of negligence, you may be able to bring a case for losses against someone in civil court. Rosenfeld Injury Lawyers LLC helps injured boat accident victims file legal actions of injuries against liable parties. Please contact our office for a free consultation with a personal injuries lawyer today.
Our law office can review all causes of action that may be relevant in that consultation for all damages and compensation including medical bills, personal injuries, pain and suffering, recreational boating damage, and other operator expenses.
You may be entitled to relief so contact us now. We work on contingency so that you will not pay a dime unless we win in court or settlement for you. You can get back on the path to recovery immediately.