Maritime accidents occur frequently, and many are the result of a vessel operator’s negligence or wrongdoing. Crewmembers involved in accidents at sea or in port may be eligible to recover compensation for any medical expenses, lost wages and trauma with the help of a seafarer claims attorney, which is exactly what one seaman has sought to do.
Magdier Vargas recently filed a Jones Act lawsuit against a vessel for allegedly traveling at an excessive speed for inland waterways. The speed, he claims, caused a large wake and resulted in the ship’s mooring line to snap and hit him. The suit, filed on Nov.8 in the Eastern District of Texas, Beaumont Division, names Metalgenics Investment Group Inc., the Seahawk 2008 and Chandris (Hellas) Inc. as defendants.
The incident in question took place on Oct. 18, while the M/V Aktea was en route on the Sabine-Neches waterway. The suit claims the vessel created an excessive wake, which hit the Seahawk 2008 and caused the mooring line to snap and strike Vargas. Vargas sustained severe injuries to his head, neck, back and face. The defendants are being accused of negligence in failing to properly supervise crewmembers, failing to properly train crewmembers and operating the vessel with inadequately experienced crewmembers, failing to provide adequate safety equipment, failing to operate the crane safely, and failing to secure the mooring lines properly.
In addition, the defendants are also being accused of negligence for operating at an excessive rate of speed and failing to slow the M/V Aktea when it passed the Seahawk 2008. The suit further claims mariners were not warned of the size and intensity of the wake.
Vargas is suing to recover damages for physical pain and impairment, mental anguish and distress, lost wages, loss of earning capacity, as well as court costs and attorney’s fees. If the defendants are found guilty of negligence, he may receive compensation for his injuries and suffering.
Like Vargas, many cruise ship, cargo, and recreational boat crewmembers are involved in accidents on a daily basis and suffer serious injuries. Unfortunately, a large number of these incidents result from another crewmember or ship operator’s negligence or equipment failure. Crewmembers who are hurt do not always get the compensation or medical treatment they deserve and are eligible for, but seafarer claims attorneys can help.
Seafarers who are injured while in the service of their vessel can turn to our crew claims lawyers for assistance in filing a case. Lipcon has been named the top law firm protecting seafarer rights, and as such, we will apply our extensive legal expertise to help you if you were involved in an accident at sea or in port.
Our attorneys endeavor to help you obtain compensation for your accident and will fight to protect your seaman’s rights. Call our firm to schedule a consultation today to review your options and determine if you qualify for damages.
Published on November 15, 2012
Categories: Crewmember S.O.S.