Everyone loves some fun in the sun, and it’s especially thrilling to enjoy a day of boating, kayaking, or water skiing on Chicago’s two beautiful bodies of water: the Chicago River and Lake Michigan. Thousands enjoy cruises and joy rides in these peaceful waters every year without incident, creating memories that will last a lifetime.
While boating is statistically safer than driving a car – mostly because it is not as common – there are still serious hazards, and a happy day can turn into heartache for everyone involved.
A boater or passenger may have to find themselves seeking out a Chicago boat accident lawyer, and they may soon find themselves wondering exactly how their case will differ from that of a car accident. Today, we’ll explore the similarities and differences between these two forms of transport and the legal system that protects those harmed by negligence.
Similar Rules Govern Boating as Driving
First, let’s discuss the similarities in these types of lawsuits. Both are civil suits aiming to prove the negligence of one or more plaintiffs in manufacturing, maintaining, or operating a passenger vehicle. Laws regarding safe driving speeds, not driving under the influence, and utilizing protective equipment like seat belts or personal flotation devices are all standard for both forms of transit.
A boat driver can be found negligent if they failed to drive at a reasonable speed, were under the influence of alcohol or drugs, did not have enough personal flotation devices on hand for all passengers, or operated during unsafe conditions like during a severe storm. Just as with car drivers, boat operators are tasked with driving their motor vehicles with due caution and in accordance with all transportation laws.
Damages Are Very Similar, With Some Caveats
Should you be injured on a boat, your injuries will be quite similar to that which occur during a car accident with two big differences, both centered around the fact that you are likely moving freely around the deck or cabin of the ship.
In a car, you’re fastened by a seatbelt, meaning that you’re more likely to break bones or get whiplash from slamming into an object in close proximity to you. However, on a boat, you may be knocked over and thrown several feet into an object or even thrown overboard. The major risk here is drowning, which is the major cause of death in boating accidents, particularly for children. Other major risks from this different circumstance include major spinal injuries from falling a long distance.
In both car and boat accidents, plaintiffs can sue for damages like medical bills, reduced income, insurance claims, and pain and suffering for chronic pain or depression.
Boat Accidents Are More Likely to Be Caused by an Inexperienced Driver
US Today reports that in 2022, over 74% of boat accidents were caused by a driver who had little to no formal training on boat safety.This is vastly different from the majority of car accidents, where most drivers have at least some training on how to safely operate a car vehicle.
While this is clearly perilous for all involved, it does make it easier to prove negligence on behalf of the driver of a boat accident: they did not take the proper precautions to ensure the safety of themselves, their passengers, and other vehicles on the water. It is another factor which can positively influence the outcome of a boat accident lawsuit for the plaintiff, who would have made the reasonable assumption that the driver was familiar with how to operate the craft.
Illinois Does Not Require Watercraft Insurance
Only two states in America require watercraft insurance: Arkansas and Utah. Elsewhere, as in Illinois, a boat operator is not required to have liability insurance that would cover medical expenses for those injured in a boat accident.
This means that if you are injured by or on someone else’s personal watercraft, it’s very likely that you will not be negotiating with their insurance company as you would in a car accident; you will be bringing the suit directly against them, and they will have to pay out of pocket if your lawsuit is successful.
Most commercial watercraft, such as those used in Chicago architectural cruises, are insured: if you are hit by or injured on one of these boats, your lawyer will likely negotiate with their insurance company first before taking anything to court.
Final Thoughts
A car ride or a river cruise are both wonderful ways to unwind – but they can easily turn into a tragedy for everyone involved if there is an accident. While the laws around the safe operation of any motor vehicle are relatively similar across all modes of transportation, boat accident lawsuits will vary from car accident lawsuits thanks to the extenuating circumstances surrounding water travel. Driver inexperience and lack of insurance all play important factors in how a lawsuit will play out, though the types of damages that can be recovered have much in common.
