Maritime Accidents

Archive for the ‘Passenger Injury Death Claims’ Category

Is it Legal to Use Your Cell Phone While Operating a Boat?

Tuesday, August 17th, 2010

Distracted driving is an important and popular topic right now – at least on our nation’s roads.  Many states have passed laws regulating how a cell phone can be used by a driver, but so far no similar rules have been enacted by the Coast Guard for boat operators.

Now, the National Transportation Safety Board (NTSB) is encouraging the Coast Guard to do get to work developing those rules. 

While the NTSB has not yet determined the cause of a fatal San Diego accident last December during which a Coast Guard vessel collided with another boat killing a child and injuring four others, it has said that crew members on that Coast Guard vessel were using cell phones for personal reasons.

What do you think? Should the Coast Guard develop a policy about cell phone use while boating? How broad – or narrow – should it be?

New Jersey Woman Died During Dive

Tuesday, August 3rd, 2010

28 year old, Yasuki Okada of Princeton New Jersey died on a New Jersey diving excursion over the weekend.  Ms. Okada was about 15 miles off the coast of Shark River when she failed to resurface from her dive off of the dive boat Gypsy Blood.  The Gypsy Blood is a dive charter operation based in Brielle, New Jersey. 

The crew of the Gypsy Blood contacted the Coast Guard and found the woman under water about 35 minutes into her 122 foot dive.  She received CPR and was transported to Jersey Shore University Medical Center in Neptune where she was pronounced dead from the injuries sustained in this New Jersey maritime accident.

The cause of this fatal diving accident remains under investigation.

Which Doctor Should I See if I’m Hurt in a Maritime Accident?

Friday, July 30th, 2010

If you have been hurt in a maritime accident then you want to be sure that you get the best possible care.  Often maritime employers will try to require injured workers to see company doctors or company approved doctors.

Federal maritime law does not require injured workers to see a company (or company approved) physician.  If a maritime employer is insisting that you do, it may be because the employer has identified doctors who will get you back to work before you are ready or who will fail to diagnose a legitimate injury.

In order to protect your health, you should see a doctor whom you trust.  Your medical care is you’re your decision – not your employer’s decision.  If your employer disputes that or fights against your right to seek your own medical treatment, contact an experienced maritime lawyer for help.

Was the Tug Boat to Blame for the Philadelphia Duck Boat Tragedy?

Monday, July 12th, 2010

Last week we wrote about the fatal Philadelphia duck boat tragedy and the role that the barge played in that accident.  Today, we want to focus on the role of the tug boat. 

The barge that hit the amphibious vehicle and caused it to sink, throwing all 37 people aboard into the water and killing two students, was being transported by a tugboat. 

While the barge was unmanned, the tugboat had a crew aboard guiding operations.  On Saturday the National Transportation Safety Board (NTSB) interviewed the tugboat’s captain, first mate and three crewmembers.  A spokesperson for the NTSB said that investigators would be asking the tugboat captain and crew about their procedures, about what they saw, and about what they didn’t see, in the time leading up to the July 7 accident.

Likely, the NTSB investigators are going to want to know where the captain was at the time of the accident and what he was doing, if a lookout was appointed and performing his duties, and if the crew was properly monitoring channels for information about safety and emergencies.

Tugboats perform important maritime duties.  However, like all vessels, they must take proper precautions to protect the safety of their own crew and those in other vessels.

Barge Hits Duck Boat Full of Tourists in Philadelphia

Thursday, July 8th, 2010

Yesterday, a group of Philadelphia tourists had an afternoon of peaceful sightseeing turned into a nightmare situation.  The tourists were aboard an amphibious vehicle known as a “duck boat.”  The vehicle tours the city both on land and in the water. 

When the duck boat entered the Delaware River yesterday, it started to experience some mechanical problems and a small fire.  It was waiting for help.

However, before help could arrive a barge hit the boat causing it to tip over and forcing all 37 people aboard into the water.  The barge, which is owned by the city of Philadelphia, was carrying sludge and was being directed by a tug boat. 

At least 10 people were taken to Hahnemann Hospital with injuries. 2 people remained missing this morning and it currently unknown whether they survived this Pennsylvania maritime accident.  Their identities have not yet been released but reports indicate that the missing people include a 16 year old girl and a 20 year old man who were part of a Hungarian tour group.  Rescuers searched through the night for the 2 missing persons and continue their search this morning, though hope is fading that they have survived the accident.

A thorough investigation that is likely to involve many government agencies as well as several private businesses is just in the beginning stages.  The duck boat sank to the bottom of the river and officials plan to recover the vehicle as part of the investigation.

Longshore & Harbor Workers Compensation Act (LHWCA)

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