Maritime collisions often lead to serious injury claims under the Jones Act. For vessel owners, operators and insurers, understanding how these accidents occur is important when preparing a defense.
Below are some key factors that must be examined in every maritime collision.
Did the crew act reasonably?
Many claims focus on human error. Allegations may include failure to maintain a lookout, misjudging distance or speed or poor communication. However, fault is not always clear-cut. In many cases, both vessels contribute to the collision. A defense strategy may involve highlighting shared responsibility or showing that the crew acted reasonably.
Claims may also point to violations of navigation rules. Demonstrating adherence to safety procedures and established practices can help counter these accusations.
Was the vessel well-maintained?
Mechanical failure is another common factor in maritime collisions. Issues with engines, steering systems or navigation tools can reduce a vessel’s ability to avoid impact. In these situations, maintenance records and inspection history can be central to the defense.
Weather can also play a significant role. Heavy fog, strong currents, or sudden storms may limit visibility and reaction time. Showing that the crew responded appropriately under difficult conditions may help reduce or challenge liability.
Other contributing factors
Some claims include accusations of alcohol or drug use. These require supporting evidence and may be challenged through testing records or witness accounts. Fatigue, unclear command structures or distractions on the bridge may also be relevant.
Understanding the full picture behind a collision is key when responding to claims under the Jones Act or general maritime law. A strong legal defense often depends on the finer details.