Due to a variety of factors, boating accidents can be both frightening and very dangerous. They can lead to severe injury, causing pain, suffering, loss of earning ability, and medical expenses for the victim of the accident and their loved ones. Often, they result in death.
Hart David Carson provides legal representation, assistance, and advising for individuals filing a personal injury lawsuit after a boating accident. The process of determining liability and securing compensation for a boating accident injury is complex, involving boating laws, evidence, and insurance.Causes of Boating Accidents and Negligence
There are a number of causes for boating accidents. The cause may be the result of an operator’s negligence, or it may have something to do with the conditions surrounding the accident. Common causes include, but are certainly not limited to:
- Adverse water or weather conditions
- Negligent or poor maintenance of the boat
- Neglectful operation of a vessel
- The wake of another boat
- Breach of boating laws and regulations
- Boating while intoxicated
A boating accident that results from the negligence of another party can warrant a lawsuit. For example, many boating accidents result from the influence of alcohol. If it can be proven that the boat operator at fault was under the influence, you can sue for damages. Naturally, accumulating the needed evidence becomes a top priority when pursuing a personal injury lawsuit after a boating accident.Establishing Liability
Establishing liability is vital to ensuring the party at fault pays for your injuries, but it can be a very complex process. It requires strong evidence that:
- Something was done wrong (such as operating a boat or keeping it maintained)
- Someone was at fault for doing it wrong (i.e. the operator, owner, etc.)
- That wrongdoing resulted in your injury (i.e. negligence led to a crash resulting in your injury)
Negligence can involve disobeying boating laws, carelessly operating a boat during inclement weather, drinking while operating a boat, or failing to take needed precautions to prevent a wreck. Establishing who is at fault becomes a matter of evidence, eyewitness accounts, and a working knowledge of Illinois boating laws.
Hart David Carson can assist you throughout this process by running an analysis of your case and determining who is liable for the accident. We can then formulate a strong plan to pursue compensation for damages.Insurance
Under Illinois law, boat operators and owners are not required to purchase boating insurance. This can complicate a personal injury case as it is pursued against someone who is uninsured—and thus unable to pay damages. This is part of why we thoroughly analyze a case to determine liability. It could be that more than one party is responsible for your injuries, and thus if one does not have insurance, the other might, and can therefore provide needed compensation.
Since insurance companies look out for their own interests, you will need an attorney to negotiate with them. Otherwise, it can cost you the case. Hart David Carson provides the representation you need to negotiate your claim and secure compensation for your boating injury. For a free consultation, contact our attorneys today.