CLAIMS IN COLLISION INVOLVING THE LOSS OF LIFE TO CREW

Maritime law is a specialized field that encompasses a myriad of legal principles governing maritime activities, including shipping, navigation, and marine commerce. Among the challenges faced within this domain, collisions at sea stand out as a particularly grave issue, especially when they result in the loss of life among crew members. Such tragic events not only lead to profound personal losses for families but also invoke intricate legal frameworks for claims and compensations.

Legal Framework for Claims

Collisions between vessels are a recurring problem in the maritime industry. They can occur due to a variety of factors, including navigational errors, poor visibility, or mechanical failures. When a collision results in fatalities, particularly among crew members, the implications are not only tragic but also legally multifaceted. In such scenarios, the parties involved – shipowners, insurers, and crew members’ families – must navigate through a maze of legal requirements and procedural steps to seek justice and compensation.

The legal framework governing claims arising from maritime collisions varies significantly based on several factors, including:

• Jurisdiction: The location of the incident plays a crucial role in determining the applicable law. Collisions occurring in international waters may invoke different laws compared to those occurring in territorial waters.
• Nationalities of the Vessels: The flags under which the vessels are registered can influence the legal principles applied. Different countries have varying regulations regarding maritime accidents and liability.
• Employment Contracts: The contracts governing the employment of deceased crew members may stipulate specific terms related to compensation, liability, and claims processes.

These factors contribute to a complex legal landscape that requires careful consideration by all parties involved.

Navigating Criminal Liability

A representative case highlighting the challenges and considerations in maritime collision claims involved our client, a shipowner, whose vessel collided with a fishing boat. Tragically, this incident resulted in the death of the fishing boat’s captain. Upon being retained as legal representatives for the shipowner’s insurer, our immediate course of action was to liaise with relevant authorities to gather comprehensive information about the incident. We appointed a marine surveyor to evaluate the damage and ascertain the circumstances surrounding the collision. Simultaneously, the family of the deceased captain sought compensation for their loss. Through diligent negotiations and the presentation of evidence, we were able to facilitate a fair compensation settlement for the fishing boat owner’s family, who expressed gratitude for the support received during this difficult time.

In addition to civil claims for compensation, the collision brought forth the potential for criminal liability for the ship’s captain, who was responsible for navigating the vessel at the time of the incident. Maritime law often holds captains to high standards of conduct, and in cases of fatal collisions, they may face serious repercussions. In this case, our legal team successfully argued for mitigating circumstances before the court, emphasizing the factors that contributed to the incident, such as navigational challenges and adverse weather conditions. As a result of our advocacy, the captain received a monetary penalty rather than facing imprisonment, which underscored the complexity of determining accountability in maritime law.

Pursuing Justice After Maritime Collision

Claims for loss of life due to ship collisions are not only serious but also intricate. Engaging legal expertise is crucial for navigating the multifaceted aspects of maritime law. Legal representatives play a vital role in ensuring that all parties understand their rights and obligations, facilitating negotiations, and advocating for fair compensation.

In conclusion, while maritime collisions can have devastating consequences, the legal frameworks in place allow for claims to be pursued by the affected parties. Through diligent representation, comprehensive assessments, and a thorough understanding of the relevant laws, stakeholders can navigate the challenging waters of maritime claims effectively, providing a semblance of justice for the victims and their families.

At ANHISA, our deep expertise in Vietnamese shipping law empowers us to guide you through the complexities of maritime choices with precision. We are dedicated to collaborating with you to identify the most effective strategies, ensuring that your client’s legal journey is not only navigable but also successful. Our comprehensive understanding of local regulations and practices enables us to provide tailored solutions that meet your specific needs.

For more information, please contact:

ANHISA

Mr. Dang Viet Anh

Email: anh@anhisa.com 

T: +84 28 5416 5873

M: +84 983 467070