Key Takeaways
- Severe weather conditions such as storms, fog, rough seas, and ice accumulation can contribute to maritime accidents, vessel casualties, and serious crew injuries.
- Weather-related accidents are not always unavoidable, and investigations often examine whether negligence, inadequate training, poor planning, or unseaworthy conditions played a role.
- Maritime workers injured in weather-related incidents may have legal rights under the Jones Act and other maritime laws when employer negligence contributed to the accident.
Storms at sea are responsible for many maritime accidents throughout history. From hurricanes and heavy fog to ice accumulation and rough seas, weather can create dangerous conditions that threaten both vessels and their crews.
Ahead, we’ll examine how weather contributes to maritime accidents, the dangers it poses to crew members, and when vessel owners may be held responsible for resulting injuries.
Maritime Weather Is Difficult to Predict
The oceans generate weather patterns of their own, and it can be very difficult to forecast how these natural forces will work together. Maritime storms can build quickly and provide little warning. Maritime workers face many kinds of dangerous weather that can cause ships to run aground and capsize, as well as injure individual workers on board.
Some of the weather-related risks maritime workers face include:
- Storms and hurricanes generate high winds, lightning, hail, and dangerous waves.
- Heavy fog makes it hard to navigate a ship and can cause collisions.
- Icebergs and surface ice pose serious risks to the hull of a ship.
- Ice buildup on the ship and its rigging can make it unstable.
- Tropical storms and waterspouts can flood the decks and sweep crew members over the side.
- Maritime winds generate waves and swells that can capsize a ship or cause crew to fall overboard.
- Extreme heat and freezing weather pose temperature risks for crew members, including heat stroke and hypothermia.
Serious Maritime Accidents Due to Weather Conditions
There are many examples of changing weather conditions where the captain may have failed to take appropriate actions to protect the ship and the crew, leading to a maritime disaster. In other cases, a poorly maintained or unseaworthy vessel can be compromised by maritime weather that a seaworthy vessel would be expected to endure.
Some examples of recent maritime accidents due to weather conditions include:
- The Viking Sky lost power in rough seas off the Norwegian coast in 2019. A total of 460 passengers were safely evacuated from the ship as it dragged both anchors through the stormy seas.1
- The fishing vessel Yong Yu Sing #18 was blown off course in a maritime storm in the South China Sea in 2020. While the ship was eventually located, the crew of 10 appears to have abandoned ship and were never found.2
- The Scandies Rose capsized and sank due to ice accumulation on the masts and structure of the ship off the coast of Alaska in 2019. Five lives were lost when the ship went down.3
- The Russian trawler Onega suffered a similar fate due to maritime damage from ice buildup in the Barents Sea in 2020, with 17 lives lost.4
Weather Dangers for Individual Crew Members
When a commercial vessel goes down due to weather conditions, there is usually an investigation to determine whether the loss resulted solely from severe weather or whether human error, equipment failure, or other factors contributed to the accident. Other contributing causes involving poor planning, failed navigation, lack of crew training, or an unseaworthy vessel may be at least partly to blame for the accident.
However, many individual crew members are injured each year in service to their vessel, and these accidents may not receive the same scrutiny.
- Shifting cargo or falling equipment can crush or injure a crew member.
- Maritime workers can be thrown overboard when a ship runs aground or collides with a dock or bridge.
- Equipment on board can malfunction from corrosion and lack of maintenance.
- The engines and cooling equipment can fail and cause fires or smoke injury.
- Fatigue and lack of training can lead to accidents involving other crew members.
- Lack of appropriate safety equipment or procedures can cause maritime injuries.
Many maritime workers injured due to weather at sea may be entitled to maintenance and cure benefits, Jones Act remedies, or other protections available under maritime law. Working with an experienced maritime injury lawyer can help you determine whether shipowner negligence played a role in causing your accident or making it worse.
Who Is Ultimately Responsible for Maritime Weather-Related Injuries?
While no one controls the weather, and the shipping company’s insurance adjusters will be quick to claim that maritime-related weather accidents are unavoidable, the fact remains that many weather-related injuries at sea could be prevented. Shipowners have a duty to maintain seaworthy vessels that are suitable for the rigors of operating in maritime weather.
Ship captains and owners are responsible for planning routes based on up-to-date weather forecasts and making decisions that prioritize weather and safety, including returning to port or evacuating a platform when conditions become dangerous. There are many ways that a shipowner or drilling platform company might have failed in their duty to prevent the injury or death of a crew member.
The Legal Ramifications of Weather-Related Maritime Injuries
When an accident happens due to weather at sea, you or a loved one can sustain life-changing injuries that can limit your career opportunities and quality of life. Pain and suffering can result from the decisions of shipowners to venture into hazardous weather with a lack of consideration for the safety of their crew.
Having an experienced team of maritime injury lawyers to help you investigate and file a complete claim for fair compensation can help you and your family recover from a devastating accident at sea. Find out if the Jones Act or other maritime laws apply in your case, and get the sound legal advice you need. Contact the offshore accident lawyers at Schechter, Shaffer & Harris for a free consultation.
Frequently Asked Questions
Regarding weather, when do most boating accidents happen?
Boating accidents are more likely to occur during storms, periods of poor visibility, rough water, high winds, and rapidly changing conditions. Operators who fail to monitor forecasts or adjust their plans when conditions deteriorate face a greater risk of an accident.
What are maritime-related weather accidents?
These incidents occur when hazardous weather conditions contribute to vessel casualties or worker injuries. Common examples include collisions in heavy fog, vessels taking on water during storms, overboard accidents, and sinkings caused by rough seas or ice accumulation.
Can I file a Jones Act claim for offshore injuries caused by severe weather?
Possibly. Weather alone does not automatically prevent an injured maritime worker from pursuing compensation. If negligence, inadequate training, unsafe work practices, or an unseaworthy vessel contributed to the incident, legal remedies may still be available.
What are the most common causes of maritime accidents during severe weather?
Poor voyage planning, equipment failures, inadequate maintenance, loss of propulsion, insufficient crew training, and unsafe operational decisions frequently contribute to serious incidents at sea. Investigators often look beyond the weather itself to determine what factors led to the accident.
When should I contact an offshore accident lawyer after a weather accident?
It is generally best to seek legal guidance as soon as possible after an injury. A maritime injury lawyer can help preserve evidence, investigate the circumstances surrounding the incident, and determine what maritime laws may apply to your claim.
Sources
- Norwegian Safety Investigation Authority. Report on loss of propulsion and near grounding of Viking Sky, Hustadvika, Norway 23 March 2019.
- The Maritime Executive. Mysterious Abandoned Longliner Taken in Tow Off Midway.
- National Transportation Safety Board. NTSB Issues 7 Safety Recommendations Based on Investigation of Scandies Rose Sinking.
- Reuters. Russian trawler sinks in Barents Sea, 17 feared dead.
