When two vessels collide at sea, the consequences can be catastrophic, impacting lives, property, and entire maritime operations. In the aftermath of a vessel collision, a competent maritime and admiralty lawyer plays a vital role in helping injured crew members, passengers, or vessel owners pursue compensation for injuries sustained. Evaluating claims that arise from a vessel collision is often a complex process, involving in-depth investigations required by admiralty law and international navigation rules.
Whether a vessel collision results from human error, equipment failure, or regulatory violations, establishing fault requires extensive legal experience and maritime insight. If you’ve been harmed in a maritime collision, an experienced vessel collision lawyer can help guide you through your legal options and fight for the full recovery you deserve.
How Fault Is Determined in Vessel Collision Cases
Determining fault in a vessel collision typically involves analyzing navigational errors, failure to follow COLREGs (International Regulations for Preventing Collisions at Sea), and negligence. Courts and insurers may rely on voyage data recorders, radar data, maintenance logs, crew statements, and eyewitness testimony to reconstruct events and determine liability. Examining environmental conditions, vessel speed, and communication records is also critical for identifying which parties may have contributed to the incident.
The Role of Comparative Fault in Maritime Law
Maritime injury claims incorporate the doctrine of comparative fault, which was designed to encourage accountability and ensure fair distribution of liability in complex maritime incidents. Under the doctrine of comparative fault, multiple parties may be found legally liable for an incident, and compensation is adjusted accordingly if this is found to be the case. For example, if a crew member’s negligence contributed 20% to the accident, they may recover only 80% of their damages.
Courts analyze each party’s actions, including those of vessel owners, operators, and third-party contractors, to fairly apportion fault among the liable parties.
“When marine casualties involving U.S.-flagged vessels or significant harm to U.S. waters occur, the U.S. Coast Guard investigates to determine causes and issue safety recommendations.”
— U.S. Department of Transportation
Types of Compensation Available in Maritime Collision Claims
Victims of vessel collisions may be entitled to several forms of compensation, known as “damages”, depending on the nature of the incident and the type and extent of injuries sustained. Potentially recoverable damages include:
- Medical expenses and future treatment costs
- Lost wages and diminished earning capacity
- Pain and suffering
- Property damage to vessels or cargo
When a Wrongful Death Occurs at Sea
If a fatality results from a ship collision, surviving family members may file a claim under the Death on the High Seas Act (DOHSA). A knowledgeable maritime wrongful death lawyer can help navigate this complex legal area and ensure that impacted families receive justice. Compensation may cover funeral expenses, loss of financial support, and other pecuniary damages. Legal guidance is essential in filing a DOHSA claim, as these claims involve unique procedures, strict deadlines, and jurisdictional challenges that may vary depending on where the incident occurred.
Who Can Be Held Liable in a Ship Collision?
Multiple parties may be held liable in vessel collision cases, including:
- Shipowners
- Captains and officers
- Third-party contractors or maintenance crews
- Shipping companies
Because liability may be shared, filing a claim without the guidance of an experienced maritime accident attorney could jeopardize your recovery.
How Long Do I Have to File a Vessel Collision Claim?
In most cases, maritime claims must be filed within three years of the accident, but deadlines vary depending on jurisdiction and circumstances. If the case involves a government vessel or wrongful death, the statute of limitations could differ.
Some claims, such as those that fall under the Jones Act or DOHSA, may have shorter filing windows or more specific filing requirements. Failing to take legal action within the appropriate timeframe and in the appropriate form can result in you losing your right to compensation, so it’s crucial to consult with a vessel collision lawyer promptly to ensure that your legal rights are preserved.
What to Do After a Vessel Collision
If you were involved in a maritime collision, take these steps:
- Seek medical attention immediately
- Report the incident to the Coast Guard or relevant authority
- Document the scene with photos and witness statements
- Consult a qualified maritime injury attorney before speaking with insurers or signing anything.
Acting quickly can preserve crucial evidence and strengthen your claim.
Get Legal Help from Experienced Maritime Lawyers
Vessel collision claims require in-depth knowledge of both national and international maritime laws. At BoatLaw, LLP, our attorneys focus exclusively on maritime and admiralty cases, providing you with the strategic edge needed for litigating complex cases.
From Alaska to Washington to Oregon to California, our firm has supported numerous injured maritime workers and passengers in securing the justice and compensation they deserve. To explore your legal options, contact us today for a free consultation.
According to the European Maritime Safety Agency, over 1,500 ship collisions were reported globally in 2022, representing 8.9% of all marine accidents.
Source: EMSA
Legal Disclaimer
The information provided is for educational and informational purposes only. The information on this website is not intended as legal advice and should not be used as a substitute for consulting a licensed attorney. Legal outcomes and laws can vary by jurisdiction, and only a qualified lawyer can provide guidance tailored to your situation.
Douglas R. Williams was raised in a military family. After retiring from the armed forces, his father sailed as the chief medical officer with many of the most popular cruise lines, including Holland America Line, Carnival Cruise Line, Disney Cruise Line, and Norwegian Cruise Line. When not in school, Doug spent a good part of his youth in the crew quarters sailing with his father on cruise ships. He developed a practical knowledge of the maritime industry from a young age. Learn More here.
