| Maritime Jobs - Marine Jobs - Deckhands - Tankermen - Able Seaman - Maritime Jobs - Deck Engine - Employment in the Maritime Industry - Work on Ships - Yachts - Tugboats - Cruise Ships |
| Anatomy of a Collision at Sea - or, Comparative Negligence as a Legal Doctrine |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
The Kariba was doing 16 knots, while the Tricolor, behind, was doing close to 18
knots. The Clary was northbound and converging with Kariba. Kariba turned
starboard to avoid an accident with Clary and collided with Tricolor, which sank.
knots. The Clary was northbound and converging with Kariba. Kariba turned
starboard to avoid an accident with Clary and collided with Tricolor, which sank.
Collision at sea is a dreaded form of maritime accident. In legal claims from a 2002
collision, a federal judge, U.S. Court of Appeals, Second Circuit applied the legal
doctrine of comparative negligence to apportion liability - Judge's Decision here.
collision, a federal judge, U.S. Court of Appeals, Second Circuit applied the legal
doctrine of comparative negligence to apportion liability - Judge's Decision here.
The accident occurred in the English Channel on Dec. 14, 2002. The Kariba and
Tricolor were steaming west, parallel to one another. They were traveling in a VTS
Prince William Sound VTS below, involving Exxon Valdez, VTS - vessel traffic service.
Tricolor were steaming west, parallel to one another. They were traveling in a VTS
Prince William Sound VTS below, involving Exxon Valdez, VTS - vessel traffic service.
The English Channel is no
paradise for the navigation officer
on watch.
paradise for the navigation officer
on watch.
Fog can set in during daytime
and nighttime, increasing the
probability for accidents. In
addition, it is difficult by virtue of
the fact that it presents a deck
officer with so much traffic and so
many targets to keep track of in
close proximity to one's own
vessel.
and nighttime, increasing the
probability for accidents. In
addition, it is difficult by virtue of
the fact that it presents a deck
officer with so much traffic and so
many targets to keep track of in
close proximity to one's own
vessel.
The car carrier Tricolor was similar in appearance to the Thames Highway, pictured here. On
December 14, 2002, she was involved in a three ship accident with the vessel Kariba and Clary.
Examining the facts of the accident, the federal judge determined that liability should be
apportioned between all the vessels in varying percentages. This legal doctrine of comparative
liability is one of the elements of maritime law.
December 14, 2002, she was involved in a three ship accident with the vessel Kariba and Clary.
Examining the facts of the accident, the federal judge determined that liability should be
apportioned between all the vessels in varying percentages. This legal doctrine of comparative
liability is one of the elements of maritime law.
Legal Analysis
In its legal analysis, the U.S. Court of Appeals for the Second Circuit examined
collision regs for lookout requirements, collision regs for overtaking vessels, the
legal doctrine of comparative negligence, and the element of intent or state of mind
for the bridge personnel on watch at the time of the accident. The Circuit Court
determined that all three ships contributed to the accident, examining The decision
can be read from the link above. The name of the case is Otal Investments, Ltd. v.
M.V. Clary. The court decision is in Adobe, so you may have to sit patiently as it
opens.
In its legal analysis, the U.S. Court of Appeals for the Second Circuit examined
collision regs for lookout requirements, collision regs for overtaking vessels, the
legal doctrine of comparative negligence, and the element of intent or state of mind
for the bridge personnel on watch at the time of the accident. The Circuit Court
determined that all three ships contributed to the accident, examining The decision
can be read from the link above. The name of the case is Otal Investments, Ltd. v.
M.V. Clary. The court decision is in Adobe, so you may have to sit patiently as it
opens.
VTS for Prince William Sound. The purple corridor is a "no-man's land". Northbound
vessels are supposed to steam to the east of the corridor and southbound vessels
to the west.
vessels are supposed to steam to the east of the corridor and southbound vessels
to the west.