July 19, 2024 – East Harris County’s calm waters were abruptly shaken when a tugboat, carrying five people, capsized just before 3:00 near Peninsula Boulevard close to San Jacinto Boulevard.
As emergency responders raced against time, an act of sheer bravery unfolded amidst the chaos as a good Samaritan leaped into action, pulling out four individuals to safety from the unforgiving waters.
In a somber update to the Harris County tugboat incident, the prolonged search and rescue operation concluded over 30 hours later with the recovery of the missing deceased crewmember. The focus has now shifted towards salvaging the Miss Peggy, a venerable towboat in service since 1976.
Over the weekend, efforts saw her being righted and resurfaced using a crane barge. Meanwhile, preliminary investigations hint at a possible collision involving a large merchant vessel, currently docked at a nearby coal terminal, which might explain this tragic accident.
The crewmen would be covered under a special called the Jones Act. The Jones Act is not a traditional workers’ compensation insurance case as it requires the crew members (or their survivors) to file a lawsuit in state or federal court for injury compensation.
If the tug boat was indeed involved in a collision with that huge merchant vessel mentioned earlier, fault lines could be complex. Ownership plays a big role too—since the tug is operated by a fleet management firm, both boat ownership and operational control come under scrutiny.
Was there negligence? Were all maritime safety protocols followed? These are just a couple threads in what could turn into an intricate legal battle depending on how responsibilities were distributed among the parties involved.
After a maritime tragedy, the survivors and the families of deceased crew members have grounds to pursue claims. Those rescued might file for personal injury to cover medical expenses, lost wages, and pain and suffering endured due to the accident. Families of the deceased could seek wrongful death claims which further encompass funeral costs and loss of consortium, with the extent of these damages being heavily dependent on proving negligence or fault.
The vessel involved is owned by Houston Fleeting (a local subsidiary of Ingram Marine Group), a big company with a variety of tricks up its sleeve. We are currently handling a claim that resulted in the death of an employee of the vessel’s owner, Ingram Marine.
“In cases like these, the tugboat company will likely try and limit its liability to the value of the vessel if there is a death, resulting in a smaller compensation payout,” says Matthew D. Shaffer, who has handled many cases against Ingram including a death case that is currently in litigation. “A skilled maritime lawyer can find a way around this tactic and defeat this argument.”
When navigating the choppy waters of maritime accident claims, having a seasoned attorney is crucial. Injured parties are required to deal with the insurance companies and evasive at-fault parties all while focusing on recovery and piecing together evidence. Speaking with a maritime accident lawyer helps investigate the facts of the accident, identify fault, and call out the common tactics that reduce compensation potential.
If you have been affected in Texas, reaching out to Schechter, Shaffer & Harris can be a game-changer. With a solid track record in marine accident law and experience with similar cases in the past, our team could help tilt the scales in your favor.
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