What to Do After a Barge Accident on the Mississippi River? Your Legal Rights in Baton Rouge

The Mississippi River is an essential waterway for national and international cargo shipping, and many towboats and barges operate on the river for that purpose. When accidents involve these vessels, it can lead to severe damage to the vessel as well as injuries to employees and others nearby. It’s important to know what to do after a barge accident on the Mississippi River.

What You Should Do After a Barge Accident

The operators and crew members of barges must follow safety protocols and requirements in the event of an accident. The exact steps may vary depending on the type of accident. When a vessel is in a crash, collision, or casualty, the vessel operator is legally required to stop the vessel and render assistance as long as it doesn’t create additional danger. However, there are numerous types of accidents that may occur with other requirements.

There are several things to keep in mind in the event of a barge accident to protect the well-being of all individuals and protect your personal interests in a claim, which can help you recover financially. After a barge accident, you should:

1. Render assistance. Whether or not it is legally required, it is crucial that you check yourself, crewmembers, operators, and passengers for injuries. If anyone is in need of immediate assistance, provide that assistance if possible. Conduct a headcount of those onboard. If anyone is missing, search for them unless it creates additional risk.
2. Minimize the danger. The accident may have created additional hazards for those on the barge, which could continue endangering others. Mitigate these hazards if you can do so without creating additional danger for yourself, the crew, the passengers, or the barge. If needed, deploy flotation devices, such as life vests or life rafts. Secure signaling devices like flares, beacons, radar reflectors, and other devices to use when rescuers are searching for you.
3. Report the accident. This includes immediate reporting to emergency responders and later submitting the appropriate reports. If the incident results in death or injury to a person, the disappearance of a person from a vessel, property damage in excess of $500, or complete loss of a vessel, you must immediately notify LDWF’s Law Enforcement Division, the nearest law enforcement agency, or state police. Report it to the department, the state police, or other local law enforcement.The U.S. Coast Guard, located in Baton Rouge, is at 6041 Crestmount Drive, and the Louisiana Department of Wildlife and Fisheries is located at 2000 Quail Drive in Baton Rouge.
4. Remain with the barge and stay together. Unless it would actively put you in danger, everyone should remain with the vessel and stay in a group. This makes it easier for first responder rescue teams to find you when this is necessary.
5. Exchange information. The operator of the barge must provide their contact and vessel identifying information to anyone who was injured or owned damaged property. Collecting contact information and insurance information is also a good step to take, particularly when you are a non-employee who does not already have access to this information. This can aid you in the process of a civil claim.
6. Get medical treatment. After a barge accident, getting medical treatment is important. You may receive medical care from emergency responders, but you should also get treatment at a facility. This helps document any injuries you may have and identify injuries you may not have noticed due to shock.
7. Contact an attorney. Whether you are a crewmember or passenger, it is useful to contact an attorney after a barge accident. Workers on these vessels could file a workers’ compensation claim to recover any medical bills, as well as any lost income. Crewmembers might also be able to file a claim under federal law in specific cases, which secures additional financial compensation. Non-employees may be able to file a personal injury claim if the accident was caused by a party’s negligence.

FAQs About Barge Accident Law on the Mississippi River in Baton Rouge,LA

What Happens If You Fall Off a Barge?

If you fall off a barge as a crew member, you could file a claim for the injuries you sustained. Falling from a barge can result in illness due to toxic exposure, hypothermia, oxygen deprivation, and other injuries. You could file a workers’ compensation claim. You may also be able to file a Jones Act claim in some cases, such as if your fall happened because the vessel was unseaworthy or because your employer was otherwise negligent.

How Many Barge Accidents Are There Per Year?

In 2020, there were 105 barge or towing vessel accidents, as reported by the U.S. Coast Guard. These accidents led to 107 injuries to crewmembers of these vessels, 76.51% of which were minor to moderate injuries.

Only one of these injuries was considered critical and was caused by a tow wire jumping from the bit and striking the crewmember, as well as another crewmember, who sustained minor injuries. There were also, sadly, 23 fatalities involving towing industry vessels.

How Much Compensation Can You Recover in a Barge Accident Claim?

The compensation you can recover in a barge accident claim will depend on many factors, including what type of claim you are filing and the severity of your injuries. Most barge accidents impact the crew, who may be able to recover compensation through a workers’ compensation claim. There may be other options under federal law that recover more compensation. An attorney can help you assess your damages and recover fair compensation.

Why Do You Need an Attorney After a Barge Accident?

It’s important to work with an attorney after a barge accident. When you are an employee, there may be numerous options for recovering financial compensation, and it is important that you don’t overlook these options. If you are not an employee, an attorney can help you determine if you can file a civil claim against a party for their negligence in causing your accident. No matter the type of claim you file, an attorney can improve your chances of success.

Experienced Legal Representation in Baton Rouge

There are many different types of barge accidents, such as vessel collisions, malfunctioning equipment incidents, slip and fall accidents, and even chemical exposure and explosions. Crewmembers aboard barges are at a much higher risk of injury due to the significant hours they spend on these vessels. It is important that maritime workers, like barge crewmembers, know what compensation is available.

For more than 15 years, our firm has helped individuals injured throughout the state. If you were injured in a barge accident on the Mississippi River, contact Knightshead Law Firm and see how we can help you recover financial compensation. Contact us today for a free legal consultation!