Vessel collisions in Texas waters happen more often than the public realizes. The Houston Ship Channel alone handles more than 8,000 vessel transits per year, with a limited number of anchorage areas, narrow bends, and heavy congestion. When ships, tugs, barges, or recreational vessels collide, the injuries to crew, passengers, and bystanders can be catastrophic. A Texas vessel collision injury lawyer at McFarlane Law handles Jones Act claims for injured seamen, LHWCA and Section 905(b) claims for dock workers aboard vessels, and general maritime tort claims for passengers and third parties.
Inland Rules, COLREGS, and Fault Determination
Vessel collisions are governed by the International Regulations for Preventing Collisions at Sea (COLREGS) on the open ocean and by the Inland Navigation Rules (33 CFR Subchapter E) in internal U.S. waters. These rules establish right-of-way, crossing, overtaking, head-on, and giving-way obligations, and their violation creates strong evidence of negligence in a civil case. Under the Pennsylvania Rule, when a vessel violates a statutory rule at or near the time of a collision, the violating vessel bears the burden of proving that the violation did not and could not have contributed to the collision. This shifting of the burden is a powerful tool for plaintiffs’ lawyers and frequently drives settlement in Texas collision cases.
Coast Guard Investigation and the Casualty File
Every major vessel collision triggers a Coast Guard investigation. Form 2692 Report of Marine Casualty, vessel master statements, crew statements, VDR audio, AIS track records, ECDIS data, and radar plots become critical evidence. The Coast Guard’s post-incident findings — including any license suspension or revocation proceedings against the crew — are admissible in civil court for their factual findings. NTSB investigations of serious collisions produce detailed reports that are also widely used. McFarlane Law pulls the complete casualty file, retrieves VDR audio through subpoena, and retains marine experts to reconstruct vessel tracks, relative motion, and right-of-way analysis.
Who Pays in a Texas Vessel Collision Case
Recovery depends on status. A Jones Act seaman aboard one of the colliding vessels sues his or her employer under the Jones Act and the vessel owner for unseaworthiness. The other vessel’s owner is liable in general maritime negligence for the colliding vessel’s fault. A dock worker aboard a vessel can sue the vessel owners under Section 905(b) and collect LHWCA benefits from the employer. A passenger injured on a cruise ship or charter boat sues the operator under general maritime negligence. Bystanders struck by vessel debris or propwash sue under maritime tort principles. Fault is typically apportioned between the colliding vessels on a comparative-fault basis under United States v. Reliable Transfer Co.
Damages and Deadlines in Texas Vessel Collisions
Maritime damages include past and future medical, lost wages and earning capacity, pain and mental anguish, impairment, disfigurement, and — in appropriate cases — punitive damages. Death cases in internal waters follow general maritime law and (for seamen) the Jones Act’s wrongful death provisions; death cases beyond three nautical miles follow DOHSA. Statutes of limitations vary: Jones Act and 905(b) are three years, general maritime tort is three years under 46 U.S.C. § 30106, LHWCA claims have a one-year filing deadline. Don’t miss these deadlines. Call McFarlane Law as soon as possible after any serious Texas vessel collision.
Related Practice Areas
Related: Texas Jones Act lawyer, Texas barge accident lawyer, Texas tugboat injury lawyer, Texas maritime wrongful death lawyer. Hub: Texas maritime injury lawyer.
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If you or a family member was injured in a Texas vessel collision, call McFarlane Law for a free, no-obligation case evaluation. Austin (512) 222-4900, Odessa (432) 803-5000.
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