Damage from Ship Wake

[evis102]

The MAN is on my side and my boat damage is being paid. Thank you, come again.

[sulphurboy]

Originally Posted by evis102

I'm already a bubble off and I have plenty of time and money so I think I will see this through.

true(er) words never spoken!

[sulphurboy]

Originally Posted by evis102

The MAN is on my side and my boat damage is being paid. Thank you, come again.

tell us more my man...

[Big Kahunaz]

PICS?

[Finfeatherfur]

Do me a favor, post the details of how you got paid and let us know the details!

[Jedi Lure Tricks]

Hey Evis, i give estimates to replace stolen and damaged fishing gear all the time. If your ins. company needs a written estimate with total damage replacement costs, I'd be happy to help. just shoot me a pm and we'll get it goin for ya.

[evis102]

Chris is going to hook me up. I plan to take it to his place in Texas for full inspection and repair. I will post pics soon. After talking to Chris about how they build there boat I do not think it is as bad as I thought. I think that the boats ability to flex under pressure made a big difference in damage done vs a boat with no flex (composite).

[Sea-Trac Offshore]

Good luck but working in the ship industry the ship has the right of way being where he was. Also, did you have a vhf? Did you try and hail him?

[evis102]

So if your in a canoe and run by you, flip your canoe and you die. It's your fault? LDWF agrees with me, the investigation is under way. The ship will be citied and will be responsible for my damage. The ship did have the right of way but did not have the right to be reckless in it's operation. That is the law.

[Finfeatherfur]

Originally Posted by evis102

So if your in a canoe and run by you, flip your canoe and you die. It's your fault? LDWF agrees with me, the investigation is under way. The ship will be citied and will be responsible for my damage. The ship did have the right of way but did not have the right to be reckless in it's operation. That is the law.

Like I said in an early post he was in a commercial shipping lane, so how was he "reckless". Look man, I wish you the best of luck and hope you get paid for any damages. But please don't take this the wrong way, just trying to elminate any undo stress to you. When you get your check from the ship company post on here for us to see how it's done. I have dealt with these things before, and short of getting the US Federal Marshal's to board w/ a court order and seize the vessel, you can't make them pay crap.

[Ray]

You can. If he is in US waters, he has to obey US law.
If not, that ship cannot come back into US waters. They may not be able to seize a
boat if it is not in US waters, but if it comes back, they can.
No shipping company, nor the Pilot Association wants to fight a court battle for a few
thousand dollars of damage.
He has the right of way, but he is still responsible for any damage he causes.
He cannot run at speeds that will cause damage, unless he is in danger.
Every boat is responsible for any damage they cause. No matter if it is not US flagged.

[Finfeatherfur]

Yes Ray, that is what i meant, I have been on several seizures of foreign vessels - WHEN THEY RETURNED TO THE U.S.!!! One had a judgement from 15 years prior to returning, and it was in and out of the US multiple times before it was finally boarded and seized pending payment for the court order.

And he is responsible for his damages, to a "moored vessel" or "permanent structure". In this case, the larger vessel has the right of way to proceed down the ship channel in the course of commerce.

Look, I'm not here to cause any grief. I just wanted the guy to know that in his particular case, it may not be what it seems - to him. He has responsibilty to control his vessel as well, which from his report was not moored, which means he needs to steer a course/heading to avoid the larger vessel - and it's wake!

But like I said, let me know how that works out for you!!!!!

[Ray]

The damage to a fishing boat is pennies to those shipping companies.
If a lawyer would get involved, they will pay quick, fast and in a hurry.

Vessels approaching or passing another vessel shall be operated in such manner and at such a rate of speed as will not create a hazardous wash or wake.

Operator shall maintain a proper lookout. The lookout should have seen and reported the fishing boat, and the pilot recommend the ship to a slower speed to prevent a big wake.

What "vessels" are required to comply with the Navigation Rules? In Rule 3 the word vessel includes every description of watercraft, including non-displacement craft, WIG craft, and seaplanes, used or capable of being used as a means of transportation on water.

Courts have interpreted transportation to not just include passengers, but also goods or services. The Navigation Rules address vessels, not whom/what is controlling them.

Regarding one's wake, vessels over 1600 Gross Tons are specifically required by Title 33 CFR 164.11 to set the vessel's speed with consideration for...the damage that might be caused by the vessel's wake. Further, there may be State or local laws which specifically address "wake" for the waters in question.

While vessels under 1600 GT are not specifically required to manage their speed in regards to wake, they are still required to operate in a prudent matter which does not endanger life, limb, or property. Nor do the Navigation Rules exonerate any vessel from the consequences of neglect (Rule 2), which, among other things, could be unsafe speeds (Rule 6), improper lookout (Rule 5), or completely ignoring your responsibilities as prescribed by the Navigation Rules.

As to whether or not a particular vessel is responsible for the damage it creates is a question of law and fact that is best left to the Courts. For more information, contact your local Marine Patrol or State Boating Law Administrator.

Title 33 CFR part 173 provides guidance in regards to accident reporting. For most States the issuing and reporting authority is the State itself - if in doubt contact your local Coast Guard Marine Safety Office.

There is a long standing notion of Tort Law--that one is responsible for one's damages--the issue however is culpability and to what degree. These are matters of fact and law.