In our previous post, we shared public service warnings regarding the increased danger of a serious or deadly boating accident over the upcoming Fourth of July holiday. Statistics show Independence Day festivities see the highest boating traffic time for recreational boats, and therefore the highest danger of a boating accident.
Serious Bodily Injuries in Boat Accidents
Boats zipping over the water may not seem as dangerous as cars, SUVs, or pickup trucks driving on asphalt, but victims of a boating crash can sustain the exact same life-altering injuries as those who are harmed in a roadway collision.
Boating accident victims can die from their injuries, either at the scene of the boating accident or thereafter, succumbing days or weeks after the crash itself. Close family members may also suffer damages from the boating accident including loss of companionship of their parent or spouse or lost financial support due to the demise or incapacity of the accident victim.
Damages That Can Be Claimed After a Boating Accident
Many of the horrific consequences of a serious boating accident are recognized by the personal injury laws of Indiana and Illinois as compensable legal claims, which can be asserted against those found responsible for the crash.
These damage claims include compensation for:
- Loss of life (wrongful death);
- Traumatic brain injury;
- Spinal cord injury;
- Loss of limb (amputation in the crash or medical procedure);
- Burns (and subsequent disfiguration);
- Fractures (broken bones); and
- Lacerations (cuts).
Damages may be claimed not only by or on behalf of the accident victim, but by those family members who have legally recognized claims under the law. (For instance, under the wrongful death statutes of Indiana and Illinois, specific family members are named as those who may be awarded damages pursuant to the state’s wrongful death law.)
Federal Law May Apply in Some Boating Accidents
Many victims and their families may assume that if they live and work in the state of Indiana or Illinois and the accident happened here, that their state law will apply. Sometimes, this is true. In other situations, federal law will cover their boating accident claims.
Federal law, if applicable, will trump local and state jurisprudence in the boat crash. This is because federal “maritime law” controls certain waterways in our country.
If the boating crash happened on navigable waterways within federal maritime law, then federal law will control the determination of liability and the calculation of damages in the case. Each case is unique; this is not always a simple question to answer.
As a general rule, federal maritime law will apply if two legal tests are met: (1) the locality test and (2) the nexus test. Essentially, federal law controls claims over any accident occurring in any waterway that (1) has been, (2) is, or (3) could be used to transport interstate commerce.
Indiana or Illinois Boating Accident: Who Is Liable?
After someone has been seriously injured in a boating accident, the victim and his or her loved ones can assert a legal claim for damages if they can demonstrate that another party (or parties) was legally responsible for the accident and the victim’s resulting injuries.
These parties will have failed in their legal duty of care to the accident victim. As a result, their failure to meet this duty of care caused the crash and the victim’s harm.
How this duty of care is established, and who all may share in the legal responsibility for the crash, will depend upon the circumstances of the boat accident itself. The boating accident will need to be investigated to determine not only the cause or causes of the crash, but all those who failed to act with proper and reasonable care.
For instance, if a child tragically drowns in a boating accident, then an investigation needs to include the life jacket that the child was wearing at the time, as well as other potential contributing factors (driver error, etc.). It may well be that the manufacturer of the life jacket has legal liability for what happened to the child victim.
Other parties that can be investigated and may be liable after a boating accident include:
- The boat operator
- The owner of the boat
- The company that rented the vessel
- Passenger(s) on the boat
- Operators of other boats involved in the incident
- Manufacturer of the vessel
- Manufacturer of safety devices on the vessel
- Owner of the waterway (e.g., private marina, lake, etc. who fails to maintain the waterway)
Pursuing Claims for Serious or Fatal Boating Accidents in Illinois or Indiana
Recreational boating accidents are often life-altering for both the accident victim and their families. It is important for the victim and his or her loved ones to know that they may be able to recover both economic and noneconomic damages as a result of the boat accident under either state or federal law.
Oftentimes, these claims are covered by insurance. Insurance adjusters will be quick on the scene to try and learn about possible exposure for their policyholder(s), and can be expected to begin assembling facts and strategies to limit exposure and policy claims.
Boating accident victims should be aware of this reality, as well as the fact that in boating accidents, investigations need to occur as soon as possible because the water itself will erase, move, alter, or destroy elements that may be needed later in accident reconstruction supporting the victim’s claims.
For more, read:
- Seriously Hurt in a Boating Accident: Indiana and Illinois
- Staying Safe During Boating Season in Indiana and Illinois
This summer, and especially this upcoming holiday weekend, let’s all enjoy our holiday while being aware of the increased risk of a boating accident over the Fourth of July Holiday. Let’s be careful out there!
