Andrew Kirkendall – Offshore Injury Lawyer – Maritime Attorneys – Houston Maritime LawyersOffshore Injury Attorneys

Jan 4, 2014

The Downside of the Jones Act

Established back in 1920, the goal of the Jones Act was to defend the American shipping industry from foreign competition and secure the workplace for mariners. Among other things, it allows only American ships to deliver cargo from one US port to another. While a foreign ship can visit more than one port at a time and pick up US goods while it does so, it can’t redistribute them to other American ports.

For the most part, the Jones Act is associated with the protections it provides mariners. However, more and more, industry professionals are seeing the negatives associated with the act. The term “American ships” is a literal one, after all. This means the ships have to actually be produced in America, not simply utilized by an American company or sporting the American flag.

This is especially an issue for transporting oil. Under the Jones Act there are only 32 tankers eligible for the job and just 42 barges. Until the oil boom there wasn’t a need for much more. But with the skyrocketing demand, and foreign ships unable to pitch in, oil prices will continue to rise. Industry analysts estimate the cost for operating a tanker has already risen 87% in the past 18 months alone. This equates to around $85,000 a day just to transport oil from one American port to another.

Another way of looking at the expenditure is that it costs between $5 and $6 to transport a barrel of oil from the Gulf Coast to an East Coast refinery. However, it would only cost $2 to move that same barrel to Canada, as it counts as an international port.

While they specialize in maritime accidents, Kirkendall Dwyer LLP keeps abreast of all news related to their industry. Stories like the above help support their knowledge of maritime laws to better understand the clients they represent.

Dec 22, 2013

Man Acquitted of Causing Deaths in Boating Accident

November 14^th saw the conclusion of a trial for a tragic boating accident that happened in June 2012. The accused, Paul Bennett, had been his fishing boat when it crashed into the Prince family’s pontoon. Two young boys, Jake and Griffin Prince, were killed by the impact, and investigations have been ongoing since then as to who exactly was at fault for the fatal incident.

While Bennett was found not guilty of being at fault for the deaths of the boys, he was convicted on several other charges and sentenced to two and a half years of prison. He is also no longer allowed to operate a boat in the state of Georgia.

The original accident also caused a legislation change in the state, with a lowering of the legal alcohol limit permitted when in operation of a boat. It had been 0.10 but is now 0.08.

The boys’ family was unconvinced that Bennett was not at fault for the accident. While they are relieved that he received partial punishment and is no longer permitted to operate a boat, they still expressed disappointment that he was not being held responsible for the actions that they feel led to Jake and Griffin’s deaths. They are, however, happy that the law has been changed to make things safer for everyone and that the long process of determining what had happened was done, so that they could move forward with their lives.

Regardless of where responsibility lies for this accident, it is agreed by all parties that it was unexpected and tragic. Very few people are mentally or legally prepared for a serious boating accident. If you spend a lot of time on the water, you should seek the services of a maritime lawyer like Kirkendall Dwyer LLP.

Dec 19, 2013

Two Dead in Gas Platform Accident

An accident on a gas platform in the North Sea earlier this year left two dead and one injured. It seems to have been caused by an equipment malfunction, so the platform was not evacuated as it would have been in the case of a leak.

Due to other North Sea accidents and vocal concerns that equipment on North Sea platforms should be replaced or at least closely inspected due to age, it is clearly a dangerous time to be an offshore worker on these platforms. However, even if such inspections were carried out, there would still be risk.

Regardless of the inevitability of risk, companies carry the responsibility to protect their workers as much as possible. Whether the company should have anticipated the failure of the faulty part is difficult to say, but because it did not, two workers have lost their lives.

Offshore workers do have legal recourse to companies cutting corners or otherwise not doing the best job of protecting them. There are many ways that a maritime worker can get compensation for injuries or that their families can be compensated for an accident that ends in death.

The best option is to have maritime injury attorneys at the ready. After you have already been injured is no time to be looking for a lawyer to help get the money you need to pay your hospital bills. Call Kirkendall Dwyer LLP today to either find out more about your options should you be injured in the workplace or just want to form a working relationship with the company in case the worst should occur.

Dec 14, 2013

Ship Strikes Gulf Oil Platform

While no one was killed, an incident earlier this year still highlights the potential risks for any Texas maritime workers in the Gulf of Mexico. In the incident, the ship the Celeste Ann hit an oil platform and sank. The boat was a supply ship, bringing supplies and workers to the platform.

Some oil was spilled, but it was largely contained and was not a considerable amount compared to other spills the gulf has suffered. What could have been in much more danger was the workers involved. All twenty were rescued, but that is only due to a lot of luck. The incident could easily have been much worse, especially since the vessel ended up sinking completely.

Such dangerous incidents can feel like standard risks to many maritime workers, who have to deal with the reality that every day holds dangers for them as they travel through the water. There are many risks in maritime settings that land workers can’t even compare to.

Investigations are ongoing as to the cause of the collision. If the company is found to be responsible due to poor training or endangerment of its employees by unsafe practices, it will have to pay considerable damages.

As a maritime worker, you need to have such risks covered should the worst occur. A Houston maritime attorney can help you get the security you need. Specifically, a call to Kirkendall Dwyer LLP will help you get started in making sure you will always get the proper safety or else get the proper compensation for any altered safety methods. If you have even been injured as a result of an offshore or maritime work accident, you should contact Kirkendall Dwyer LLP today and start on the road to proper compensation for all injuries and stress.

Oct 1, 2013

The Dangers of Commercial Fishing

In early September, a crew member of a commercial fishing boat died after he sustained injuries to his head and neck while on-board the boat. The man was Donald Alversa, and he was onboard the “Jason & Danielle”, a dragger which was off the coast of North Carolina at the time of the accident.

After the accident, he was lifted by helicopter to be treated at the hospital, but his condition quickly worsened and he was pronounced dead shortly thereafter.

According to the Centers for Disease Control and Prevention, commercial fishing is one of the dangerous occupations in America. The general rate of death among all U.S. workers is 4 in 100,000. For commercial fishermen, the rate is 124 in 100,000.

What makes commercial fishing so dangerous? Dangerous weather, long hours, strenuous manual labor, and heavy equipment combine to create a work atmosphere ripe for serious injury and death.

Most of these accidents occur when the vessel itself has an accident, but fall overboards are also a common cause of death.

If you are a commercial fisherman and have suffered serious injury while on the job, an offshore injury attorney at Kirkendall Dwyer LLP can help. Injuries in this line of work can be serious and leave you unable to work and support yourself and your loved ones. Our maritime attorneys can help; there is broad compensation available to maritime workers. Find out more about your legal options. Contact us today for your free case review.

Sep 30, 2013

Two Barges Collide with Bridges in Arkansas

In late August, 2 barges were accidentally set free from a tugboat and drifted down the Arkansas River in Little Rock, eventually crashing into a pedestrian bridge and the Interstate 30 bridge. The bridges were shut down in order to assess their stability and safety, but were shortly thereafter reopened.

Similar collisions have led to tragic results in the past. In May of 2002, a barge struck a bridge, a piece of which later collapsed, killing 14 people. Authorities inspected the bridges that were struck in this instance, but deemed them safe enough to travel.

Bridges are only inspected ever 2 years, more frequently if the need arises. Many bridges in the area have protection systems designed to protect the integrity of the bridge in case of a collision such as this one.

Have you been injured in a barge accident? If so, contact the offshore accident attorneys at Kirkendall Dwyer LLP. There are innumerable ways in which barge accidents can occur. From collisions with subsequent consequences as in this case, to more common accidents in which a worker is thrown from a barge or injured while employed aboard a barge. Our attorneys can provide immediate help. Contact us today.