How Tanker Accidents Happen on the Lower Mississippi
Federal investigators have taken apart several tanker accidents on this river. Their findings show what a claim usually comes down to.
The Pilot & the Master Weren't Working from the Same Plan
On May 16, 2019, the loaded tanker American Liberty left a dock near Reserve and struck moored vessels, barges, and wharves along about eight-tenths of a mile of riverbank. Four people were hurt, one of them seriously, and the damage came to a reported $40.5 million. The National Transportation Safety Board found the probable cause was "poor bridge resource management and miscommunication between the pilot and the master." It also found that the assisting tugs were let go before the undocking maneuver was finished.
The Other Vessel Had No Licensed Captain Aboard
Sometimes the failure is on the vessel the tanker meets. At about 1:30 a.m. on July 23, 2008, the tanker Tintomara collided with a fuel barge being pushed by the towboat Mel Oliver near downtown New Orleans. The barge was torn in half and, according to NOAA, spilled more than 9,000 barrels of heavy fuel oil into the river. The Justice Department later said the towboat was being steered by an apprentice mate with no properly licensed captain present. The towing company, based in Harvey in Jefferson Parish, was fined $200,000 and placed on probation, and one of its owners was sentenced to 21 months in prison for obstruction of justice.
A Ferry Crossed in Front of a Tanker
On the morning of October 20, 1976, the Norwegian tanker Frosta was headed upriver when it struck the ferry George Prince, which was crossing from Destrehan to Luling in St. Charles Parish. 64 Parishes counts 76 people killed and calls it the deadliest ferry disaster in U.S. history. The Coast Guard's investigation found a series of errors on the ferry's part, including that it sounded no warning and posted no lookout.
A Tanker Struck a Ship Tied to the Dock
On November 13, 2026, a tanker struck the river cruise ship American Heritage while it was docked at the Port of New Orleans with about 129 passengers aboard, according to the Port's statement reported by WDSU. The ship had tied up about two hours earlier so passengers could get off.
When a moving vessel hits one that is moored, maritime law starts from the presumption that the moving vessel was at fault. Courts have applied that rule since an 1895 Supreme Court case called The Oregon. The moving vessel's owner has to prove otherwise.
Tanker Work Is Dangerous Without a Collision
Many tanker injuries have nothing to do with a collision. They happen to crew members and terminal workers in the ordinary course of loading, discharging, and maintaining the ship.
Cargo tanks and pump rooms can hold too little oxygen or too much vapor. Hydrogen sulfide comes off crude oil and some fuel cargoes, and a worker sent into a space that wasn't tested and ventilated can be overcome before anyone notices. Vapors that collect during loading or tank cleaning can ignite, which is how explosions start on ships that never left the dock. Hot cargoes such as asphalt cause severe burns. Mooring lines under load can part and whip across the deck. Crew members and pilots fall from gangways and ladders while getting on and off.
Federal law has required double hulls on oil tankers for years, and single-hull tankers have been barred from operating since January 1, 2010. That rule protects the river. Crew safety still depends on how the ship is run: whether tanks are tested before anyone goes in, whether lines and winches are maintained, and whether there are enough rested people on watch.
Which Law Covers You Depends on Your Job
Two people hurt in the same tanker accident can have completely different claims.
What matters is who you worked for and where you were.
- If you were a member of the tanker's crew, the Jones Act lets you sue your employer for negligence and have a jury decide the case. You're also owed maintenance and cure, which covers living expenses and medical care while you recover, no matter who was at fault. If the ship itself was unsafe, you may have a separate claim against its owner.
- If you worked on the dock, at the terminal, or in a shipyard, you're probably covered by the Longshore and Harbor Workers' Compensation Act, and you may also be able to sue the vessel's owner.
- If you were on another vessel the tanker hit, such as a towboat, a barge, or a ferry, you can have a claim against the tanker's owner and operator on top of any claim against your own employer.
- If you were a passenger or on shore, general maritime law lets you hold a negligent vessel owner responsible.
- If you lost a family member, you may have a wrongful death claim under one or more of these laws.
Who Can Be Held Responsible for a Tanker Accident
A tanker's owner, the company that manages and crews it, and the company that chartered it are often three different businesses, and more than one can share the blame. So can the terminal that was loading the ship, the towing company whose tugs were assisting, the operator of another vessel, and the maker of equipment that failed. The pilot's orders and the master's response to them get examined closely, as they were in the American Liberty investigation.
Working out which of those companies made the decision that hurt you is a large part of a tanker case, and each company's lawyers will be pointing at the others.
When the Shipowner Asks a Court to Cap What It Owes
After a serious accident, a vessel owner can go to federal court and ask to limit its liability. Under a federal law that dates to 1851, an owner's liability "shall not exceed the value of the vessel and pending freight" when the loss happened without the owner's "privity or knowledge." In plain terms, the owner argues it had no way of knowing about the problem that caused the accident, so it should owe no more than the ship and its cargo fees are worth.
The filing pulls every injured person's claim into one federal case. To defeat it, you have to show the owner knew or should have known: that maintenance was put off, that the ship was short-handed, that the crew wasn't trained for the job. Those facts are in the company's own records, and we know how to get them.
How Long You Have to File a Lawsuit After a Louisiana Tanker Accident
Most maritime injury and death claims "must be brought within 3 years" under federal law. Some deadlines are shorter, depending on which law covers you and who owns the vessel, so don't assume you have three years.
Time matters for another reason.
A tanker doesn't stay in port, and its crew and records leave with it. Getting a lawyer involved early is how the voyage data recorder, the bridge audio, and the maintenance logs get preserved before the ship sails.
Talk to Our Louisiana Tanker Accident Lawyers
Our firm has handled maritime cases in Louisiana and the Gulf for two decades. We represented crew members of the Deepwater Horizon. Shipping companies and their insurers start building their side right away. We do the same for you, and we take cases to trial when a company won't pay what it owes.
If you or someone you love was hurt in a tanker accident in New Orleans, Jefferson Parish, or anywhere in Louisiana, call us at (888) 493-1629. The consultation is free, and you pay nothing unless we win.
