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What Is An Allision?
WHAT IS AN ALLISION?
Similar to car accidents, vessels can have accidents at sea as well, including the same types of negligent causes. Vessel operators are often held to a higher standard of care than the ordinary car driver since they are not only in charge of a much larger vehicle but also due to the fact that any impact can have repercussions on hundreds of people. If you have been involved in an allision, you may be entitled to recover compensation for your injuries.
An allision is a maritime term, referring to the striking of a vessel against a stationary object. This is different from a collision, which involves two moving vessels. Both allisions and collisions can lead to devastating consequences, including the drowning of workers on board and the total loss of a vessel. While the moving vessel is often considered the party at fault, several jurisdictions have crafted their own form of liability standards. Therefore, the jurisdiction you likely fall within may impact your ability to recover.
MARITIME LAW RECOVERY
Injuries resulting from allisions can fall within several federal acts, although there are specific regulations which govern the ability to bring an allision claim. The Jones Act covers injuries which occur to most seaman, and the Death on the High Seas Act offers a method for the families of a deceased seaman to bring a claim for compensation.
However, allisions are subject to various unique rules. Under the Louisiana Rule and the Oregon Rule, a moving vessel is found to be at fault when it strikes a stationary object. Therefore, any damage that occurs as the result of the allision under the Louisiana Rule should be the responsibility of the vessel operator. The moving vessel has the burden of proof in these situations that another party may be comparatively at fault. For example, if the moving vessel runs into a stationary vessel which did not have its lights on and was off-course, the moving vessel may be able to make the argument that the moving vessel is only partially at-fault.
The Pennsylvania Rule, on the other hand, will bar a plaintiff from recovery if the plaintiff also committed a violation which could have led to the allision. The plaintiff must be able to prove that their own violation could not have caused the resulting damage and injuries. Therefore, in the same situation as above, the stationary vessel must be able to prove that their inaction did not lead to the allision.
An experienced maritime law attorney will assist you in preparing the claim for your injuries, as well as calculating the amount of damages you are entitled to receive. Your attorney will additionally take into consideration the potential fault of both parties in determining the maritime claim.
THE MALLEY LAW FIRM | MARITIME LAW ATTORNEY
If you or a loved one have been involved in an allision, do not hesitate to contact the Malley Law Firm. Tony Malley has years of experience in assisting his clients with maritime claims, including those which stem from allisions. Contact our Texas offices today for your initial free consultation.