Chicago Boating Accident Attorneys

Boating is a popular activity in and around Chicago – and for good reason. The city’s easy access to Lake Michigan, the Chicago River, and a host of nearby waterways make boating a fun way to relax and enjoy Illinois’ beautiful spring, summer, and fall weather.

Yet boating has its risks. The U.S. Coast Guard estimates that in 2022, 4,040 recreational boating accidents on US waterways resulted in 636 deaths, 2,222 injuries, and approximately $63 million in property damage.

If you or someone you love has been injured in a boating accident, don’t wait. Call the experienced Chicago boating accident attorneys at Briskman, Briskman & Greenberg today.

Lake Michigan and Chicagoland Boating Accident Statistics

Total Illinois boating accident counts increased in several recent years, only to drop in 2022. In 2018, the U.S. Coast Guard recorded 67 accidents in Illinois. This number rose to a high of 88 accidents in 2021 before dropping to only 53 recorded accidents in 2022.

Between 2018 and 2021, Illinois recorded between 15 and 19 boating deaths per year, according to the Coast Guard. Dozens of injuries and thousands of dollars in property damage also occurred.

Of the 53 recorded boating accidents in Illinois in 2022:

• Eighteen involved a collision with another boat.
• Six involved the boat becoming flooded or swamped, causing it to sink.
• Five involved a collision with a fixed object (such as a dock or a rock).
• Four involved a collision with a submerged object (such as a log or other object underwater).
• Four involved at least one person falling overboard.
• Three involved a collision with a floating object (such as a buoy).
• Two involved a fire or explosion on board the boat.
• Two involved a person being struck by a boat propeller.

Other accident causes included a boat capsizing, a skier being injured, and injuries that occurred due to accidents on board a boat or while entering or departing a boat.

Types of Injuries Sustained in Chicago Boating Accidents

Boating accidents can happen in many different ways, and they can also cause many different types of injuries. The most common types of injuries in Lake Michigan and Chicago-area boating accidents include:

• Drowning. Drowing causes death in about 75 percent of boating-related accidents, according to the Michigan Department of National Resources. In 85 percent of drownings, the person who drowned was not wearing a life jacket. In 2023, 39 people experienced drowning or near-drowning events in Lake Michigan alone, including several in the Chicago area.
• Head, neck, and back injuries. Injuries to the bones, muscles, and nerves of the head, neck, and back can occur during a sudden jolt from a collision, if a person falls while on a boat, or while falling overboard. Severe injuries may prevent a person from swimming or otherwise staying afloat in the water, which can make drowning more likely.
• Traumatic brain injuries and spinal cord injuries. These injuries are among the most severe and expensive injuries to treat. They can cause permanent, severe impairments.
• Burns. Burn injuries can occur during any type of fire on a boat. They may result from contact with burning fuel, electrical equipment, chemicals, or other sources.
• Amputations and soft tissue injuries. These injuries most often happen on boats when a person is struck by a propellor or other equipment, becomes tangled in ropes, or has a body part pinched between a boat and another object.

Other types of boating accident injuries can occur as well. It’s essential to get immediate medical treatment for anyone injured in a boating accident and to follow up on medical appointments as directed by a physician.

How Do Boating Accidents Happen in Chicago?

According to the United States Coast Guard, the top four causes of recreational boating accidents are:

• Operator inattention. Inattention from the operator of a boat was the most common cause of boating crashes in 2022. Failing to pay attention or keep a proper lookout can result from several factors, like distraction, intoxication, and other issues.
• Operator inexperience. The US Coast Guard estimates that 74 percent of boating deaths in 2022 occurred in boats where the operator had no boating safety instruction courses. By contrast, only 14 percent of all deaths happened on vessels where the operator held a nationally-approved boating safety certificate.
• Excessive speed. Speeding was a common factor in collisions and navigation rules violations, two top factors in boating accidents. Violating navigation rules, including rules related to speed, was a factor in 50 percent of all boating accidents in 2022, 35 percent of deaths, and 60 percent of injuries.
• Machinery failures. No matter how careful a boat’s operator is, a hidden defect in machinery or equipment can cause a boating accident. In some cases, the boat’s operator or passengers might not even know the defect exists until an accident occurs.

The most common type of boating accident in 2022, according to the Coast Guard, was collisions between a boat and another object, like a dock, another boat, a rock, or the ground beneath the water. Collisions caused 55 percent of accidents, 21 percent of deaths, and 53 percent of boater injuries in 2022.

Possible Damages in a Chicago Boating Accident Case

Damages in a boating accident case seek to compensate an injured individual for the losses caused by the accident.

Because a boating accident can cause several different types of damages, Illinois law recognizes several different categories of compensation. These include compensation for economic damages, non-economic damages, and punitive damages in some cases.

Economic damages focus on financial losses related to the accident. Common types of economic damages include repayment for medical expenses, lost wages, and damaged property.

Non-economic damages focus on losses that are not financial, but that are devastating. The pain and suffering you experienced in connection with your injuries is a common type of non-economic damage. The mental and emotional impact of the accident, any scarring or disfigurement, and the loss of activities you once enjoyed may fall in this category as well.

Punitive damages seek to punish wrongdoers in cases of extremely negligent or intentional misbehavior. The Illinois Legislature recently made these damages available in wrongful death claims, as long as the case meets the requirements to allow punitive damages. An experienced Chicago boating accident lawyer can help you determine if you can seek punitive damages in your case.

What to Know About Chicago Boating Accident Claims

If you or someone you love has been injured in a boating accident, seek medical attention first. When you or your loved one is on a path to medical treatment and recovery, talk to a lawyer to learn more about your legal rights and options.

Here are answers to two common questions people ask about their boating accident claims.

How Long Do I Have to File My Claim?

Illinois sets time limits on cases filed in state courts. For personal injury, including injuries suffered in boating accidents, the time limit is two years from the date of the incident.

Some exceptions can affect how these two years are calculated, but they are narrow. Talk to an experienced lawyer as soon as possible to determine how the two-year time limit applies in your case.

How is Fault Determined in a Boating Accident Claim?

A key question in many boating accident cases is “who is at fault?” The answer to this question determines who (if anyone) must pay compensation and if so, how much of the total compensation they must pay.

To determine who is at fault, a court will typically ask:

• Did this party’s actions actually cause the injuries?
• Were these injuries a foreseeable result of this party’s actions?

In some boating cases, a court finds that both parties share responsibility for the resulting injuries. In these cases, Illinois courts apply a “comparative fault” rule. This rule reduces an injured person’s compensation by the percentage of fault they are deemed to share for their injuries. If their share of the fault is more than 50 percent, the injured person can recover no damages at all.

For example, picture a situation in which Pat is driving a boat when it is struck by a boat driven by Dale. Pat is injured in the accident. After the crash, it was determined that Dale was intoxicated and speeding while driving a boat and that Pat was disobeying navigation rules by traveling in the wrong direction on a marked waterway leading out to Lake Michigan.

A court decides that Dale is 80 percent responsible for the accident and Pat is 20 percent responsible. Because of this, Pat’s settlement or award will be reduced by 20 percent.

Speak to an Experienced Chicago Boating Accident Lawyer Today

Boating can be an enjoyable summer experience, but an accident can quickly turn a treasured memory into a haunting nightmare. After a boating injury, speak to an experienced Chicago boating accident attorney as soon as possible.

The team at Briskman, Briskman & Greenberg is here to help. Contact us today to schedule a free, confidential consultation with one of our attorneys. We’ll answer your questions and help you learn more about your legal rights and options.