Can I Sue a Friend for Causing a Boating Accident?
Recreational boating is common on Lake Michigan and other waterways near Chicago, and a boating accident can lead to significant injuries, property damage, and financial losses. Our Chicago, IL boat accident lawyers often handle cases where the person responsible for an accident is a friend of the injured party. While it can feel uncomfortable to consider legal action against someone you know, you should understand your rights when you have been harmed due to another person’s negligence.
How Is Liability Determined in Illinois Boating Accidents?
Liability in boating accidents depends on whether someone failed to operate their vessel with reasonable care. Illinois law imposes specific duties on a boat operator to prevent bodily harm. For example, the Illinois Boat Registration and Safety Act, under 625 ILCS 45/5-2, prohibits operating a boat recklessly and endangering others on the water. Excessive speeding, creating hazardous wakes near other vessels, or ignoring navigational rules can establish negligence.
Alcohol is also a frequent factor in boating incidents. Under 625 ILCS 45/5-16, it is illegal to operate a watercraft while under the influence of alcohol or drugs. A violation of this law can result in criminal charges. Additionally, if your friend was drinking and boating when the accident occurred, that may strongly support a civil claim for damages.
What Can You Do To Pursue Compensation for a Boating Accident in Illinois?
After your injury, you have the right to seek compensation for medical expenses, lost income, pain and suffering, and damaged property. In many cases, claims are filed against the boat owner’s insurance or homeowner’s insurance policies. However, insurance is not always enough. Sometimes, the adjuster may deny your claim. Regardless, a lawsuit may become necessary to recover enough damages to restore what you lost.
Keep in mind that under 735 ILCS 5/13-202, the statute of limitations for personal injury claims in Illinois is two years from the date of the accident. Failure to act within this period can result in losing the right to pursue compensation through the court.
When Is It Necessary To Pursue Compensation When a Friend Causes a Boating Accident?
Taking legal action against a friend can feel disloyal and uncomfortable. Many people hesitate because they do not wish to damage personal relationships. However, significant injuries can create financial burdens. These burdens often require compensation. Hospital stays, surgeries, rehabilitation, and lost wages can quickly become overwhelming.
Typically, you are dealing strictly with insurance companies in these cases. You are not directly seeking money from a friend’s personal assets. Most claims are resolved through the insurer, reducing the potential for personal financial impact on your friend. Legal action may be the only practical way to ensure the necessary expenses are covered and that you have access to future medical care.
Schedule a Free Consultation With a Chicago, IL Boat Accident Attorney
Boating accidents can cause lasting injuries and significant financial consequences. If you have been injured on the water because of someone else’s negligence, the Chicago, IL boat accident lawyers at Tomasik Kotin Kasserman, LLC can help clarify your legal options. Most importantly, we can guide you through the insurance claim process, keeping in mind the sensitive nature of your case. Call us today at 312-605-8800 to schedule your free consultation.
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