Proving Liability in Chicago Boat Accident Claims

Boating accidents can be catastrophic, resulting in severe injuries, including broken bones, drowning, and head trauma. Determining who bears liability for a crash is essential to filing a claim and being compensated for your losses. Unfortunately, proving liability in Chicago boat accident claims can be difficult. Working with a seasoned boat accident lawyer could help you establish liability and pursue the compensation you deserve.

The Duty of Care on Lakes

Boaters should follow all boating laws and regulations when taking to the water. Per 625 ILCS 45/5-2, they have a duty of care to help prevent potential accidents, including not participating in reckless or careless operation and avoiding any action that may “wantonly endanger the life, limb, or property” of another individual.

Negligence by Boat Owners and Operators

When proving liability in a boat accident case, our Chicago lawyers could work to show that the liable individual violated the duty of care applicable to them, often by behaving negligently or recklessly while operating a boat. This negligence can include actions like:

  • Operating the boat in restricted or no-wake areas
  • Pushing the vessel beyond reasonable carrying capacity
  • Weaving around other vehicles
  • Swerving too late to avoid a collision
  • Creating dangerous wave or wake conditions for others on the water
  • Allowing passengers to ride in unsafe locations
  • Carelessly operating, like failing to pay attention while driving or ignoring the presence of others on the water
  • Operating a damaged watercraft that poses a danger to others or allowing someone else to operate a damaged watercraft
  • Failing to provide adequate flotation devices for everyone on board
  • Operating a watercraft while intoxicated

Negligence is a key determining factor in establishing liability and recovering comprehensive compensation.

Causation

Negligence can exist in many forms and does not always necessarily contribute to an accident. However, if the injured individual or their lawyer could show the negligence resulted in the incident, the at-fault individual can be held liable for damages sustained.

Damages to Injured Parties

As part of any injury claim, an injured party will need to demonstrate that they suffered damages because of the accident. After a Chicago boat wreck, this will generally mean showing the injuries sustained and their resulting challenges, including medical bills or missed time at work. Most boat accident claims could also include compensation for pain and suffering. If there were no damages from an accident, an individual might not have the right to file a claim.

Reach Out to a Lawyer for Help Establishing Liability in Chicago Boat Accident Cases

The aftermath of a boat accident can be devastating as you struggle to recover and deal with the many costs associated with necessary treatment, modifications to your home, and other needs related to your injuries. Proving liability in Chicago boat accident claims can be frustrating at a time when you already have enough on your plate.

At McCready Law, our personal injury lawyers understand the many challenges you may face while filing a boat accident claim and fighting for compensation. Contact us today for a free consultation that will help you understand how we could help.