Tugboat and Barge Accident Claims

The Risks of Tugboat and Barge Operations

Tugboats and barges perform essential work in ports, rivers, harbors, and coastal waters. Tugboats may push or pull barges carrying cargo, fuel, construction materials, or other goods, sometimes through crowded waterways or narrow channels.

These operations require careful communication and coordination. A tugboat may be relatively small compared with the barge it is moving, while a loaded barge can be extremely heavy and slow to respond. Tow lines, winches, changing currents, poor visibility, and nearby vessel traffic can add to the danger.

An error by a captain, supervisor, crew member, employer, or other company involved in the operation can put workers and nearby boaters at risk.

Common Tugboat and Barge Accidents

Accidents can occur while a vessel is underway, docking, transferring cargo, connecting a tow, or performing maintenance. Common incidents may include:

• Collisions with other vessels
• Striking docks, bridges, or other structures
• Falls overboard
• Slips and falls on wet or cluttered decks
• Crushing or pinning injuries between vessels
• Tow-line or cable failures
• Winch and machinery accidents
• Fires and explosions
• Capsizing or sinking
• Defective steering or propulsion equipment
• Unsafe docking or mooring operations

Tow lines can be particularly dangerous. They may be under tremendous tension and can snap, shift, or recoil unexpectedly. They may also extend between vessels in ways that are difficult for nearby recreational boaters to recognize.

Negligence During Towing Operations

Many tugboat and barge claims begin with determining whether someone failed to operate or maintain the vessels safely. Negligence may involve:

• Failing to maintain a proper lookout
• Traveling at an unsafe speed
• Poor communication between crew members
• Inadequate crew training
• Improperly securing a tow
• Failing to account for weather or current
• Operating with insufficient staffing
• Ignoring mechanical problems
• Failing to inspect or maintain equipment properly

Towing vessels are subject to federal safety and inspection requirements. Coast Guard regulations under Subchapter M address areas including vessel operations, lifesaving equipment, fire protection, machinery, electrical systems, and towing safety management.

A violation of a safety requirement may become important evidence, but liability still depends on the circumstances surrounding the accident.

Claims for Injured Tugboat and Barge Workers

Crew members injured while working aboard tugboats or barges may have legal protections that differ from ordinary workers' compensation.

Workers who qualify as seamen may be able to pursue a claim against their employer under the Jones Act when employer negligence caused or contributed to an injury suffered during employment. Federal law specifically gives qualifying injured seamen the right to bring a civil action against their employer.

Depending on the circumstances, an injured seaman may also have claims involving an unseaworthy vessel or rights to maintenance and cure for certain living and medical expenses while recovering.

Whether someone qualifies as a seaman depends on their work and connection to a vessel or fleet of vessels, not simply their job title. Tugboat and barge workers may therefore need an individualized review of their employment and duties.

Injuries to People Outside the Crew

Tugboat and barge accidents can also injure passengers, recreational boaters, dockworkers, and people aboard other vessels.

For example, a barge may collide with a smaller boat, strike a dock, break loose from its moorings, or create a hazard because of an improperly marked tow.

People injured in these situations may be able to pursue negligence claims against the party whose actions caused the accident. Depending on what happened, responsibility could involve:

• The tugboat operator
• The vessel owner
• The barge owner
• A towing company
• An employer
• A maintenance contractor
• Another vessel operator
• A manufacturer of defective equipment

More than one company may be responsible when several failures contribute to an accident.

Evidence After a Tugboat or Barge Accident

Commercial vessels often generate records that can provide valuable information about an accident. Preserving those records can be especially important when several companies are involved. Evidence may include:

• Vessel logs
• GPS, radar, and navigation data
• Radio communications
• Photographs and videos
• Witness statements
• Maintenance and inspection records
• Crew schedules and training records
• Tow plans and operating procedures
• Coast Guard reports
• Weather and water conditions
• Medical records

Equipment should also be preserved and photographed when a broken tow line, defective winch, steering failure, or other mechanical problem may have contributed to the injury.

Compensation After a Tugboat or Barge Injury

Serious accidents may cause traumatic brain injuries, spinal cord damage, amputations, broken bones, crush injuries, burns, drowning, and other lasting harm.

Depending on the type of claim, an injured person may be able to seek compensation for medical expenses, lost income, reduced earning ability, pain and suffering, disability, future treatment, and other losses.

The rights and compensation available can depend on whether the injured person was a seaman, maritime worker, recreational boater, passenger, or someone else affected by the accident.

Morgan & Morgan May Be Able to Help

Tugboat and barge accidents can involve multiple vessels, employers, owners, contractors, and insurance companies. Determining what went wrong often requires a close examination of vessel operations, equipment, crew actions, and maritime safety rules.

Morgan & Morgan's maritime accident attorneys can investigate the accident, preserve important evidence, determine which maritime laws may apply, and fight for the compensation you may deserve.

Contact Morgan & Morgan for a free, no-obligation case evaluation. With The Fee Is Free™, you pay nothing unless we win your case.