The Admiralty Law Blog

Posts Tagged ‘boat accident’

News: Two Missing After Boat-Barge Collide (NECN)

The National Transportation Safety Board is investigating the collision of a Ride the Ducks tour boat and a city-owned barge that injured eight people and killed two.  The incident occurred on the Delaware River near Philadelphia, Pennsylvania, on July 8, 2010.

According to the Associated Press, The Caribbean Sea, a tugboat owned by K-Sea Transportation Partners of East Brunswick, New Jersey, was directing the barge downriver on Wednesday afternoon.  At the same time, the Duck boat, carrying thirty-five passengers and two crew members, sat idly in the water, due to an engine fire, for about ten minutes before the collision.  All but two passengers survived.  The Coast Guard and NTSB are investigating the crews’ conduct before and after the collision, particularly, the Duck boat’s inspection history and the apparent mechanical problems.

CNN News Wire reported that searchers located the sunken boat about fifty feet below the river’s surface.  The investigation will continue in order to discover the reason for this incident; various causes should be explored including the failure of Ride the Ducks tours to provide a seaworthy vessel and the negligence of the K-Sea tugboat/barge operators.

. . . Various Navigational “Rules of the Road” Implicated.

Although the NTSB and media sources have focused primarily on the seaworthiness of the Duck boat (citing possible lack of maintenance, etc.), rare is the case that two vessels collide and there is not a reasonable argument that both vessels were at fault.

Assuming the Duck boat was disabled and adrift for about ten minutes prior to the collision (as reported), it seems likely that the barge/tugboat, operated by K-Sea Transportation Partners, violated several Inland Rules of Navigation intended to prevent collisions, including, among others:

• Rule 5 – failure to post/maintain a proper lookout (33 U.S.C. §2005)
• Rule 7 – failure to use all means available to avoid the risk of collision (33 U.S.C. §2007)
• Rule 8 – failure to take positive action to avoid collision, such as altering course and speed  (33 U.S.C. §2008)
• Rule 6 – failure to proceed at a safe speed (33 U.S.C. §2006)
• Rule 2 – failure to use good seamanship (33 U.S.C. §2002)
• Rule 18 – failure to Rule 1 – failure to comply with the above Rules of the Road (33 U.S.C. §2001)

The U.S. Coast Guard will be conducting an extensive investigation, which I assume will include a visibility analysis, to determine how the pilot/operator of the K-Sea Towing tugboat and barge (“The Resource”), failed to avoid colliding with the disabled Duck boat.

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Maritime and admiralty law protects maritime workers and pleasure boat passengers.

Maritime accidents can come in a variety of forms but basically fall into two categories: recreational boating accidents and commercial boating accidents. If you are a maritime worker, harbor worker, longshoreman or passenger on a cruise ship, pleasure boat or other vessel it is important that you understand how the law affects you in the event of a boating accident or injury.

Boat Accidents

Accidents on rivers and the high seas can be extremely dangerous. Vessels on the water can collide with bridges, other vessels, reefs and large animals. These dangers can result in the vessel sinking or capsizing or result in injury to the crew and passengers.

There are also many other hazards such as people falling overboard, fires and severe weather. While nothing can be more exciting than sailing the waters, there are significant risks of boating accidents.

Cruise ship accidents

In addition to all the dangers of a traditional boating accident, cruise ships offer additional conditions that can lead to accidents. Cruise ships, with the large variety of onboard activities and facilities has a higher risk for personal injury to crew and passengers. Accidents on cruise ships can create a variety of legal challenges as many accidents involve international law and cases are resolved at city of port.

Towboat accidents

Towboats and tugboats are responsible for guiding and maneuvering large vessels or ships through harbors. These vessels are usually much larger and heavier than the tugboat and create hazardous conditions for the crew.

Barge accidents

Barges are slow to maneuver due to their size and weight. This can result in a dangerous situation when another vessel or object is in their path. When this happens it is often not possible for the crew to prevent a barge accident.

Offshore Oil Rig Accidents

Offshore oil riggers are susceptible to a wide variety of dangers. Crews work tirelessly and must be alert at all times. Oil rig injuries often involve explosions, heavy equipment failure and falls on the oil decks.

Tanker accidents

Tanker accidents are usually the result of human error or explosions. When a tanker is damages at sea it can result in serious injury or death along with spills that can cause serious environmental issues.

Boating accident lawyers

If you are involved in a boating accident on a river or in the high seas, it is important to understand how maritime law affects you in these situations. An experienced maritime and admiralty lawyer can help you navigate the ins and outs of maritime law.

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