This year hundreds of people will die in a boat accident. In 2003, there were 10,984 vessels involved in 5,705 recreational boat accidents resulting in 703 fatalities and 3,888 injuries.* These accidents amounted to more than $40 million in property damage. It is estimated that only 5-10% of non-fatal boat accident instances are reported. An Illinois and Indiana boat accident lawyer can help you through the legal process and help obtain money for your injuries.
In 2003 there were 360,252 boats registered in Illinois and 216,145 in Indiana, all with free access to the area’s waterways for fishing and other recreational activities. These states are home to over 2,900 square miles of inland water. With the ready availability of such natural resources, the number of boats has been steadily increasing.
If you have been injured in a boat accident you need an experienced Illinois and Indiana boat accident lawyer from Fleschner, Stark, Tanoos & Newlin on your side.
Boat Accident Causes
Most boat accident injuries are preventable as a majority are caused by operator inexperience or inattention. Statistically, 80% of all boating fatalities occur on boats where the operator has not completed a boating safety education course. The primary causes of accidents include:
Operator inattention
Careless/reckless operation
Operator inexperience
Operating at an unsafe speed
No proper lookout
Boating Accidents & Alcohol
Alcohol consumption accounts for nearly one-third of all recreational boating fatalities, a figure that is increasing. Alcohol use is the number one cause for boat accident deaths. Most boaters do not realize that the effects of alcohol are magnified while on the water. It is estimated that intoxicated boaters are more than 10 times as likely to be killed in a boat accident because of:
Diminished coordination
Susceptibility to hypothermia
Dehydration
Impaired judgment
It is illegal to operate a boat, or allow others to do so, while under the influence of alcohol, narcotics, or barbiturates. In Illinois and Indiana a person is considered legally intoxicated if blood alcohol concentration is 0.08 or greater; for youths under 21 the BAC cannot exceed 0.01. Penalties may include fines, prison time, community service, mandatory substance abuse counseling, and more.
Type of Boat Accident
In the U.S., vessel collisions are the most common type of accident and resulted in over one-fourth of the reported injuries and $13.4 million in property damage in 2003. Eight percent of all boating accidents result in fatalities. More than half of boat accident fatalities occur because of capsizing and falling overboard, with 70% of those victims drowning; of those drowning, 86% did not wear a life jacket. Types of recreational boat accidents include:
Capsizing
Falling overboard
Collisions with another vessel or structure
Fire
Sinking, flooding
Explosions
Disappearance of vessel or passenger
Boat Accident Prevention
When operating a recreational vessel, steps can be taken to prevent an Illinois or Indiana boat accident injury or to minimize the damage if an accident occurs:
Always wear life jackets and dress for possible immersion.
Be aware that cold weather is more dangerous: there are fewer boaters and patrols to rescue those in distress, and the water is much colder.
Do not drink alcohol while on the water.
When in larger bodies of water, take advantage of available distress-alerting and position-indicating technologies.
What if an Illinois or Indiana boat accident occurs?
The operator of a boat in this state is required to file an accident report with the proper authorities when any of the following conditions occur:
A life is lost due to the accident
Someone sustains an injury requiring medical treatment beyond first aid
Property damage in excess of $500, or complete loss of the vessel
A person disappears from the vessel under circumstances that indicate death or injury
If the operator is unable to file the report, the owner must file. In Illinois and Indiana, death, disappearance and injury reports should be filed immediately; damage reports must be filed within 10 days.
Fleschner, Stark, Tanoos & Newlin Injury Lawyers handles cases in an extraordinary range of practice areas, including Auto Accident, Birth Injury, Boat Accident, Brain Injury, Drug Injuries, Defective Products, Dog Bite, Drunk Driving Accident, Medical Malpractice, Motorcycle Accident, Nursing Home Abuse, Premises Liability/Slip & Fall, Social Security Disability, Spinal Cord Injury, Truck Accident, Wrongful Death and more.
Have you been injured in a boat accident? Contact the Illinois, Ohio or Indiana boat accident lawyers at Fleschner, Stark, Tanoos & Newlin today. Our office is located in Terre Haute, Indiana, but we have successfully advocated for clients throughout the area, including Columbus, Dayton, and Cincinnati in Ohio; Indianapolis, Fort Wayne, and South Bend in Indiana; and Chicago, Decatur, Springfield and Urbana-Champaign in Illinois. Complete a Free Online Consultation Form or call us toll free at 1-800-618-4878 to contact us today.
*Source: U.S. Coast Guard (2003) for all facts and figures
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