Advocating for Crews, Dock Workers & Bystanders Hurt by Tankers on the Lower Mississippi
Tankers loaded with fuel, chemicals, and asphalt pass the New Orleans riverfront on their way to and from the Gulf. They share a narrow, fast river with towboats, ferries, and passenger vessels, and they tie up at docks where people are working. When one of them is handled badly, the harm can reach its own crew, the workers on shore, and people who had nothing to do with the ship.
Frischhertz & Impastato represents people injured in tanker accidents in New Orleans, Jefferson Parish, and across south Louisiana. Our team brings mover than 85 years of collective experience and a track record of more than $700 million recovered for our clients.
Call (504) 276-6962 for a free consultation. There are no upfront fees, and no attorney fees at all unless we win your case.
At 10:13 p.m. on February 2, 2016, the tanker Nordbay was heading down the river through New Orleans with a pilot aboard when it struck a dock and a set of water intakes. Less than an hour later, on its way to an anchorage, it struck a wharf. Nobody was hurt, but the damage was estimated at $6.4 million. The National Transportation Safety Board found that the pilot and the master had not adequately assessed the risk of handling an empty tanker in high water with a strong following current, and that the master was distracted by a phone call before the second strike.
Eight years earlier, at about 1:30 a.m. on July 23, 2008, the tanker Tintomara collided near downtown New Orleans with a fuel barge that a towboat was pushing. The barge was torn in half. NOAA put the spill at more than 9,000 barrels of heavy fuel oil. The Justice Department later said the towboat had been steered by an apprentice mate with no properly licensed captain aboard.
Ships on the Lower Mississippi move under the direction of local river pilots. After the Nordbay strikes, the NTSB put the lesson in one sentence: "The presence of a pilot does not exempt the master and bridge team from their duty to safely navigate the ship."
That principle shapes who can be held responsible. A claim may reach the:
Company that owns the tanker
Company that operates and crews it
Towing companies whose tugs were assisting
Terminal where it was loading
Operator of any other vessel involved
Sorting out which of them made the decision that caused the harm takes records that only those companies hold, which is why demands for those records must be sent to these parties early on.
When a tanker hits something that was not moving, such as a dock or a moored vessel, maritime law starts by presuming the moving vessel was at fault. Its owner has to prove otherwise.
Injuries Aboard the Tanker
Not every tanker injury involves a collision. Cargo tanks and pump rooms can hold toxic vapor or too little oxygen. Vapors can ignite during loading and tank cleaning and cause explosions and burn injuries. Mooring lines part under load. People fall from gangways and ladders while boarding.
Crew members who qualify as seamen can bring a negligence claim against their employer under the Jones Act. They are owed maintenance and cure while they recover, and they can pursue an unseaworthiness claim when the ship or its equipment was not fit for the work.
If You Were Not Part of the Tanker's Crew
Many of the people hurt by tankers never set foot on one.
You may still be able to file a claim for a tanker accident if you fit into one of the following categories:
Tugboat and towboat crews working alongside a tanker can have claims against both their own employer and the tanker's owner.
Passengers and crew on a vessel that a tanker strikes can bring claims against the tanker's owner, such as when a riverboat or a cruise ship is struck by a tanker.
People on shore who are hurt by a strike, a fire, or a release can bring a negligence claim under maritime law.
An owner that knew, or should have known, about the cause does not get the benefit of the cap. Proving that is usually the center of a serious tanker case.
Deadlines for Tanker Injury Claims
Most maritime injury and death claims "must be brought within 3 years." Some claims have shorter deadlines. Evidence is the more pressing concern, because a tanker leaves port and takes its crew, its recorder data, and its logs with it.
How Our New Orleans Team Handles Tanker Cases
Our eight attorneys work on cases together, and we prepare each one as if it will go to trial. We handle offshore and maritime injury cases for clients who work on the docks in New Orleans, along the Jefferson Parish bank, and throughout the Gulf Coast.
There are no upfront costs, and we do not get paid unless we recover compensation for you. Call (504) 276-6962 to talk with a New Orleans tanker accident lawyer in a free consultation.
A compilation of the Frischhertz & Impastato attorneys and staff at work and interacting with clients.
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