Jones Act Maritime Lawyer : Houston Jones Act & Maritime Injury Lawyer & Attorney : Arnold & Itkin Law Firm : Offshore Injury, Maritime Law : Texas, Louisiana, Alabama, Mississippi, Florida

Yesterday, four seamen were found guilty and could find themselves behind bars for the next four years for causing a collision in which 18 seamen lost their lives.

The accident occurred in 2008 when the Ukrainian tug Neftegaz-67 attempted to pass Chinese bulk carrier Yaohai in a shipping channel near Hong Kong. According to the ruling by the judge, the two pilots should have known to leave the other vessel to port. Despite several whistle blasts given by Yaohai, which the master of Neftegaz-67 claims not to have heard, Neftegaz-67 turned to port into the oncoming Yaohai.

The Ukrainian tug filled with water and quickly sank in approximately 120’ of water. Only seven members of the Neftegaz-67’s crew of 25 made it to safety. Sentencing of the two masters and two pilots is scheduled for today.

The maritime industry has always been considered a high-risk occupation. Incidents like the tragedy of Neftegaz-67 only confirm this. In the United States, U.S. citizens occupied as seamen, offshore and other maritime workers benefit from the additional protection provided by maritime laws such as the Death on the High Seas Act, the Longshore and Harborworkers’ Compensation Act and the Jones Act.

If you are ever the victim of a maritime injury, it is important to contact an experienced maritime lawyer as soon after the accident as possible. If you’re employed as a seaman aboard a vessel or offshore rig in navigable waters, you should consult with a Jones Act lawyer if you feel you might be entitled to the additional protections offered by the Jones Act.

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A recent ruling by a federal judge has tugboat operators’ attention.

On December 18, 2009, the family of Freddie Porter, Jr., a U.S. Navy seaman who died as the result of a maritime injury, was awarded $1,250,000 by Judge Henry Coke Morgan, Jr. of the U.S. District Court for the Eastern District of Virginia. The accident occurred when the Rigid Hull Inflatable Boat (RHIB) carrying Porter was struck by one of eight barges in a flotilla propelled by the tugboat William E. Polle owned by Vulcan Materials Company. While the rest of the RHIB’s crew swam to safety, Porter was sucked under a barge in the 600-foot flotilla and killed by the tugboat’s propellers.

Although the judge ruled that the Navy was primarily at fault for ordering an inexperienced crew with inadequate supervision to conduct a nighttime navigation exercise as part of the sailors’ SEAL (sea, air and land) special forces training, 20 percent of the liability (which in the court’s opinion amounted to $1,250,000) was assigned to Vulcan because the maritime injury case proved that Vulcan failed to post a proper lookout, which in the opinion of the court would have prevented the collision.

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The Mel Oliver-Tintamora tugboat oil barge accident in Louisiana last year and the collision of the Cosco Busan with the San Fransisco-Oakland Bay Bridge in 2007 both resulted in massive oil spillage, affecting commerce in the region. Fortunately, no one was injured in either accident.

Much like the Mel Oliver incident, the Cosco Busan accident has been traced back to pilot's incompetence. According to the National Transportation Safety Board (NTSB), the Cosco Busan accident was caused by errors made by a pilot who was "medically unfit”. This, combined with a lack of communication between the pilot and the captain, led to the cargo vessel colliding with the Bay Bridge. The accident resulted in 53,000 gallons of oil spilling into the San Francisco Bay. Thousands of birds were killed and clean up efforts cost more than $70 million. According to the NTSB, Cosco Busan pilot, John Cota, bore most of the responsibility for the accident due to his failure to read radar data properly. Also, at the time of the accident, Cota was, reportedly, taking as many as 11 different medications for various conditions, ranging from alcoholism to depression. The Board vocalized the reaction of many maritime attorneys when they learned the vessel's pilot was steering his 68,000-ton ship under the influence of prescription medication, explaining "How [he] got to stand on the bridge of a 68,000-ton ship and give directions to guide the vessel through a foggy bay and under a busy highway bridge, is very troubling." Cota, it now appears, failed to report the kinds of medication he was taking when his pilot's license came up for renewal. The NTSB also found the ship's captain Mao Cai Sun to blame due to his failure to communicate effectively with Cota. The shipping firm that operated the Cosco Busan, Fleet Management, is also being held responsible and is expected to be charged for violation of environment laws.

Poor oversight of ship crew's senior members can put the lives of other crew members and innocent bystanders in danger. Incompetence of pilots and captains, like Cota's conduct in a drug-hazed stupor, can cause other maritime workers on a vessel serious injuries. When injuries are caused by the negligence of other employees, workers may eligible for compensation from their employer under Jones Act laws. 

Maritime Injury Attorneys

The attorneys at Arnold & Itkin LLP have represented hundreds of maritime accident victims in Louisiana, Texas, Alabama, Mississippi and Florida. 

If you've been injured in a maritime accident, contact a maritime injury attorney at Arnold & Itkin LLP for a free evaluation of your case.

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A tugboat - oil tanker accident that occurred early in July 2008 in Louisiana's New Orleans Harbor can be blamed on the captain's rocky love life. There were no injuries in the maritime accident involving the tugboat Mel Oliver, but it did cause a massive oil spill in the Mississippi River.

The accident occurred on July 23^rd when the tugboat being piloted by John Bavaret III turned abruptly in the path of the oil tanker, Tintomara. The tanker collided with the fuel oil-containing barge being towed by the Mel Oliver. The accident resulted in the barge being split in two, and more than 280,000 gallons of fuel oil spilling into the waters of the Mississippi River. The spill took days to clean, and the busy river channel was shut down for at least six days while crews worked on containing the oil spill.

As investigations now show, Bavaret who was piloting at the time of the tugboat accident was the apprentice mate of Terry Carver, the captain of the tugboat. Apparently, Carver testified that on the 20^th of July, he had received a telephone call from his nephew telling him that he had seen Carver's girlfriend with another man. That was all it took for the lovesick captain to abandon his plans for piloting the tugboat, and rush after his lady. He left the piloting duties to his apprentice mate. Bavaret did not have a master's license, and was ill equipped to pilot the boat. The accident had disastrous environmental effects, although it did not cause any serious injuries.  Carver kept in contact with the tugboat on cell phone, with a deckhand giving him information about the accident when it occurred. 

Tugboat Accidents

The Mel Oliver-Tintamora accident resulted in an expensive clean up of the Mississippi River and massive business losses, as the channel was shut down to allow clean up operations. It was extremely fortunate that none of the crew members aboard the tugboat or the oil tanker were injured in the accident. Serious injuries were a very real possibility in this maritime accident. As is now obvious, nobody aboard the tugboat had a master's license to operate the boat. Maritime law requires that only a crew member with a master's license pilot a tugboat. 

The Jones Act offers seamen a number of rights that protect them in the event of injuries caused by maritime accidents. Under the Act, a seaman is eligible for compensation from his employer, not only when an accident is caused by the employer's failure to provide safe working conditions, but also when the negligence of a crew member causes the accident. The Mel Oliver story isn’t yet complete, and it's not certain who approved and allowed the tugboat to be piloted by an unlicensed apprentice mate, but one thing we know for sure – there was negligence toward the safety of the Mel Oliver and its crew.

When a maritime accident is caused by the negligence of fellow crew members, a Jones Act seaman may seek the help of a maritime lawyer to obtain compensation for his injuries.

If you have been injured in a maritime accident, contact the experienced Jones Act maritime lawyers at Arnold & Itkin LLP for a free consultation. We can answer your questions and help you understand your options for seeking compensation for your injury.

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