GP IN TW FB HOME
Share

Texas Personal Injury News

Tuesday, August 28, 2018

Maritime Accident Lawsuits Require Special Legal Training

Q: Who is responsible for maritime accidents?

Texas offshore accident attorneys help those working offshore obtain compensation for injuries experienced while working on a shipping vessel, boat, barge, fishing boat, yacht, or oil rig as provided under a federal law called the Jones Act that protects seamen. This law allows injured seamen to seek compensation from their employers where the captain, crew, or vessel owners’ negligence caused the worker’s injury.

Sometimes, non-workers are also injured or killed in maritime accidents. For them and others for whom the Jones Act does not apply, a personal injury lawsuit or, in the case of a fatality, a wrongful death lawsuit by surviving family members, may be indicated.

A Missouri duck boat accident that killed 17 sightseers is subject to a formal Marine Board of Investigation to determine whether any or all of the following were factors in the accident:

  • weather

  • regulatory compliance of the boat

  • crew member duties

  • crew member qualifications

  • misconduct

  • inattention

  • negligence

  • willful violation of the law.

Reportedly, the duck boat sank during a storm on a lake. Video and audio footage from the duck boat and nearby boats reportedly showed that the boat entered the water when it was calm, but the weather "suddenly turned violent" and that waves that appeared to exceed 2 feet sunk the duck boat within minutes.

Winds at the time the vessel sank were confirmed at more than 70 mph and weather forecasters had predicted "an impending storm with winds possibly exceeding 60 mph" beforehand.

There are strict regulations regarding conditions under which maritime vessels may operate. The duck boat’s certificate of inspection reportedly prohibited the vessel from operating in winds exceeding 35 mph and/or waves over 2 feet.

The closest surviving members of the sightseers who perished may be entitled to compensatory damages from the party or parties whose negligent, reckless, or intentional actions caused the accident in a wrongful death action. Generally, the victim’s final medical and burial expenses are recoverable, as well as financial and other losses experienced by the family member as a result of the victim’s death. Who is entitled to sue and what damages they may recover differ on a case-by-case basis.

If you or a loved one has been injured or a loved one has been killed in an accident that was someone else's fault, the personal injury attorneys at Chandler, Mathis & Zivley can help maximize the compensation to it you may be entitled. Contact us today for a free consultation.

From our offices in Lufkin and Houston, we represent clients throughout Texas as well as those injured while visiting the Lone Star State.


Archived Posts

2018
November
October
September
August
July
June
May
April
March
February
January
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
2014
2013
2009


Chandler, Mathis & Zivley, PC has offices located in Houston and Lufkin Texas and serves clients throughout East Texas as well as many other states.
*Principal office in Lufkin, Texas



© 2018 Chandler, Mathis & Zivley, PC | Disclaimer
601 Sawyer, Suite 600, Houston, TX 77007
| Phone: 877.739.7744
207 E. Frank St., Suite 105, Lufkin, TX 75901
| Phone: 800.657.2230
1329 N. University Drive, Suite D-5, Nacogdoches, TX 75961
| Phone: 936.305.5155

Personal Injury | Commercial Litigation | Consumer Law | Defective Drugs & Medical Devices | Probate Litigation | About Us

Law Firm Website Design by
Amicus Creative


877.739.7744 Houston 800.657.2230 Lufkin