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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 2024, 3,887 recreational boating accidents on US waterways resulted in 556 deaths, 2,170 injuries, and approximately $88 million in property damage. Injuries increased 2.1 percent from 2023 to 2024.
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.
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Lake Michigan and Chicagoland Boating Accident Statistics
Total Illinois boating accident counts increased in several recent years. In 2018, the Illinois Department of Natural Resources recorded 68 accidents in Illinois. This number rose to a high of 93 accidents in 2021 before dropping to only 52 recorded accidents in 2022. Yet 2023 saw another spike, with 70 accidents.
In 2023, Illinois recorded 12 boating deaths – twice the number in 2022 and slightly lower than 2021’s count of 16 deaths. Dozens of injuries and thousands of dollars in property damage also occurred.
Of the 70 recorded boating accidents in Illinois in 2023:
- Nine deaths resulted from drowning,
- Three deaths resulted from traumatic injuries,
- Eleven deaths involved a person who was not wearing a life jacket at the time of the accident,
- In one death, the person was wearing a life jacket. Severe injuries, not drowning, were the cause of death,
- Six deaths occurred on an open motorboat, two on a cabin motorboat, two on pontoons, one in a canoe, and one on a personal watercraft.
Causes of injury included hitting part of the boat or the water (26 injuries), hitting a fixed or floating object (eight injuries), boats colliding with one another (one injury), a person striking a propeller (two injuries), and on-board fires (three injuries).
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. In 2023, head injuries occurred in 8.1 percent of boating injury cases. Neck injuries and back injuries each accounted for 2.7 percent of injuries.
- 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. Burns accounted for 10.8 percent of Illinois boating injuries in 2023.
- Amputations and soft tissue injuries. These injuries most often happen on boats when a person is struck by a propeller or other equipment, becomes tangled in ropes, or has a body part pinched between a boat and another object. Amputations accounted for 5.4 percent of Illinois boating injuries in 2023.
Other types of boating accident injuries can occur as well. The most common types of boating injuries in 2023 were lacerations (21.6 percent) and contusions (18.9 percent). 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 a common cause of boating crashes in 2024. 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 2024 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 seven boating accidents, one injury, and one death in Illinois in 2023.
- 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.
- Alcohol and drug use. Alcohol and drug use was the top cause of injury and death in Illinois boating accidents in 2023. Nine vessels were involved in alcohol- or drug-related crashes, causing eleven injuries and three deaths.
The most common type of boating accident in 2024, 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.
Types of Car Accident Cases Handled by Our Lawyers
- Bicycle Accidents in Chicago
- Boating Accidents in Chicago
- Car Accident at Work in Chicago
- CTA Bus & Train Accidents
- Distracted Driver Car Accidents in Chicago
- Elderly Drivers and Auto Accidents
- Fatal Car Accidents in Chicago
- Lyft Car Accidents in Chicago
- Motorcycle Accidents in Chicago
- Rental Car Accidents in Chicago
- Road Rage Accidents in Chicago
- Uber Car Accidents in Chicago
- Truck Accidents in Chicago
- Car Accidents Involving Commercial Vehicles
- Road Defect Car Accidents in Chicago
- Uninsured and Underinsured Car Accident Claims
- Multi-Vehicle Auto Accidents in Chicago
- Rear-End Car Accidents in Chicago
- Hit and Run Car Accidents in Chicago
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