What to Do After a Boating Accident in Illinois

 Posted on July 26, 2026 in Personal Injury

What to Do After a Boating Accident in Illinois

In Illinois, being so close to Lake Michigan means that many people own boats and go out on the water whenever they have the chance. Boating accidents are common and can be extremely dangerous, but they often go unreported.

Boat accident claims often work differently than car accident claims since Illinois does not require most recreational boat owners to carry liability insurance. Without an insurance company handling the claim, an injured boater may need to go after the at-fault operator directly to recover money for medical bills and other losses.

If you were in a boating accident in 2026, an experienced Bloomingdale, IL personal injury lawyer can review your case and walk you through your legal options.

Do You Have to Report a Boating Accident in Illinois?

Under Under Section 6-1 of the Illinois Boat Registration and Safety Act, 625 ILCS 45/6, a boat operator must stop and help anyone who is hurt after an accident. The operator must also share their name, address, and boat information with anyone who was injured or whose property was damaged. A written report is required if the accident causes a death, an injury requiring medical attention beyond first aid, more than $2,000 in property damage, or a complete loss of the boat.

The operator must also file a written report with the Illinois Department of Natural Resources. A death must be reported within 48 hours, and other qualifying accidents must be reported within five days. Failing to stop, provide reasonable assistance, and share the required information after an accident involving injury or death is a Class A misdemeanor. An operator who leaves without complying and then fails to report the accident to a nearby police station or sheriff’s office within the time required by law may face felony charges.

Even so, some boaters may skip the reporting because someone on board is drinking or using drugs at the time. The group may agree to cover damage or medical costs on their own rather than call the police and risk revealing that they broke the law. 

However, choosing not to report does not erase the legal duty, and it can hurt an injured person's case later. Without the report, there may be less official documentation connecting the injuries to the accident.

What Are the Most Common Causes of Boating Accidents?

Thousands of boating accidents happen every year, but a handful of causes account for most of them. Knowing the common causes below can help you understand who may be at fault in your case.

Inexperienced Operators

Boats are far less regulated than cars, and many people rent a boat for the day with little or no training. A driver who does not know how to handle a boat is much more likely to cause a crash.

Distracted Operators

Boating often happens during parties or family outings. It is easy for an operator to look away from the water at the wrong moment, even for just a few seconds.

Excessive Speed

Going too fast leaves an operator less time to react, whether they are driving a car, a boat, or a plane. A fast-moving collision also causes far more damage to everyone involved.

Boating Under the Influence (BUI)

Alcohol and drugs slow reaction time and clear thinking. This makes an operator far more likely to make a mistake that hurts a passenger or another boater.

Alcohol plays an especially large role in these accidents. According to the National Safe Boating Council, alcohol was the leading known factor in 20 percent of boating deaths nationwide in 2024, and Illinois recorded 15 boating deaths and 68 injuries that same year. An accident caused by a drinking operator often becomes a stronger case for the injured person.

How Long Do You Have to File a Boating Accident Claim in Illinois?

Under the Illinois Code of Civil Procedure, 735 ILCS 5/13-202, Illinois generally gives injured people two years from the date of an accident to file a personal injury lawsuit. If a loved one died in the accident, a wrongful death claim generally must be filed within two years of the date of death. Federal maritime law may apply to accidents on navigable waters and may impose a different deadline. Waiting too long can mean losing the right to recover compensation.

What Evidence Do You Need If Your Illinois Boating Accident Was Not Reported?

Illinois civil cases use a legal standard called preponderance of the evidence. This means you must show it is more likely than not, over 50 percent, that the other boater caused your injuries. A missing report does not change this standard, but it means you need other proof to meet it.

Once you file a lawsuit, your lawyer can use a process called discovery. Discovery lets your lawyer request records that were never part of an official report. This can include a rental company's maintenance logs, a marina's dockage records, or text messages from another boater's phone.

Illinois also follows a rule called modified comparative negligence, found in 735 ILCS 5/2-1116. You can still recover compensation if you are 50 percent or less at fault, but your share of fault reduces your award. Photos, medical records, and witness statements all help show how much fault belongs to the other boater.

Sometimes the other boater disposes of damaged equipment or repairs the boat before you can inspect it. This may raise a spoliation issue if the person had a legal duty to preserve the evidence.

Schedule a Free Case Evaluation with a Bloomingdale, IL Boating Accident Attorney

If you or someone you love was hurt in a boating accident, the lawyers at Mevorah & Giglio Law Offices can help. We offer a free case evaluation and schedule Saturday and evening appointments for clients who cannot get away during the workweek. We have three offices for your convenience: Lombard, Bloomingdale, and Naperville. Reach out to a DuPage County, IL personal injury lawyer and call 630-932-9100 today.