Navigation and commerce that occurs on waters are governed by admiralty laws and maritime laws. A Maritime worker is protected depending upon their occupational status.
The Jones Act, discussed below, protects traditional seamen or individuals who travel on the high seas. The act allows a boat owner to be held liable without proving fault.
Generally, harbor workers and other individuals who are involved with ships are also protected by tort laws and workers’ compensation laws. For more information on admiralty and maritime laws, see the following LegalMatch articles:
Who Do These Laws Apply to?
Maritime personal injury recovery laws typically apply to the following groups of individuals:
- Longshoremen, or those who load and unload the cargo;
- Maintenance and repairmen, including:
- ship cleaners;
- tank cleaners;
- carpenters;
- electricians;
- mechanics; and
- other workers;
- Other non-seaman or individuals:
- whose occupations bring them aboard vessels on navigable waters;
- whose duties are of the type performed by seamen; and
- who are members of a ship’s company but do not go to sea; and
- Guests and passengers of boat owners as well as boat companies.
What Is Aviation Law?
Aviation laws are those laws that relate to:
- The operation of aircraft;
- The maintenance of aviation facilities; and
- Any injuries that may occur either on an aircraft or at a facility.
Although there are some states that enact their own laws governing air travel, laws enacted by the federal government take precedence over aviation regulations. For more information on aviation laws, see the following LegalMatch articles:
What Legal Issues Arise in the Aviation Industry?
There are numerous types of issues that may arise in the aviation industry, including, but not limited to:
- Personal injury: These types of cases may involve:
- Injuries that result from prolonged sitting in an aircraft seat, such as thrombosis;
- Accidents that occur while traveling on an airplane, for example, strains from plane movements during turbulence;
- Infliction of emotional distress, which may occur while a plane is rapidly descending;
- Slip and fall accidents at airports;
- Wrongful death: Although they are rare, plane crashes and accidents do occur;
- Under the Family Assistance Act, airlines are required to follow specific guidelines after an airplane crash results in death, including:
- Setting up family support services, which include grief counseling and support;
- Designating individual caregivers to assist each family;
- Working with families to identify and return their loved one’s remains and possessions; and
- Setting up a communication network with families;
- Lost or destroyed property: Typically, a passenger cannot sue an airline for lost luggage but, instead, will be compensated by insurance;
- It is important to note that pets are typically considered luggage with no added valuation.
What Are Seaman’s Injuries or The Jones Act?
If a seaman is injured on a vessel, they can seek remedies under the Jones Act. In addition, this act provides for families of seamen who were killed in action.
For more information on the Jones Act, see the following LegalMatch articles:
What Is Trucking or Motor Carrier Law?
A company that transports items between locations engages in the business of commercial trucking. There are numerous commercial transportation firms in the U.S.
These types of businesses transport goods using tractor-trailers. In addition, they employ drivers and workers in warehousing and logistics.
Although any type of business can use their services, high-volume shippers receive discounts. Transportation regulations are published by:
- The Department of Transportation (DOT);
- The Federal Motor Carrier Safety Administration (FMCSA); and
- The National Highway Safety Administration (NHTSA).
Any one of these three organizations may issue new trucking laws each year. States may also enact their own rules that govern truckers.
Because trucking companies are not regulated by the Federal Fair Labor Standards Act, they often require drivers to work 60 or more hours per week. The majority of interstate drivers are paid by the load or mile instead of by the hour.
For more information on trucking and motor carrier law, see the following LegalMatch articles:
What Are Some Issues Involving Motor Carriers or Truckers?
Because of the demanding nature of interstate trucking, car accidents are, unfortunately, inevitable. Personal injury and wrongful death and lawsuits are filed frequently in the motor carrier industry.
Professional truck drivers and motor carriers adhere to Federal Motor Carrier Safety Regulations to safeguard both truck drivers and motorists.
Issues that may apply to motor carriers or truckers include, but are not limited to:
- DOT Certification: The DOT requires that commercial trucks are registered;
- Authority to operate as a motor carrier: Owner-operators or a carrier’s employees can transact business across state lines legally. Every two years, this must be renewed;
- Registration for a single carrier: In order to o operate across state lines, a carrier or owner-operator must register and pay the required annual fee;
- Certification for driving: Many states require yearly certification verification updates. The prerequisites may include:
- A minimum age, typically 21;
- A current commercial driver’s license; and
- Evidence of passing a road test, or other restrictions, depending on the state;
- Alcohol and drug consortium: Numerous carriers have signed up for a DOT random drug testing consortium program in order to comply with the DOT requirements for drug and alcohol testing. If an individual manages their own drug and alcohol testing program or is a member of a consortium, they must show proof of compliance to the DOT once every 12 months;
- DOT examinations: Drivers are required to have a certified physical before getting behind the wheel and then every two years following that. A physical examination may be necessary annually for people with certain disorders, such as heart disease, while it may be necessary every three months for individuals with conditions like severely high blood pressure until the condition is under control. It is important for an individual to make sure they always maintain their exam certificate in their truck;
- DOT Numbers: In general, if an individual engages in interstate, or between states, commerce and drives a vehicle that weighs more than 10,000 pounds, they need a DOT number. For truckers who only operate within their state, certain states further demand a DOT number; and
- Periodic updating: DOT registration must be updated every two years for motor carriers and several other groups. An individual’s DOT number might be deactivated as well as other consequences if they do not comply.
Do I Need an Attorney?
There are numerous laws that govern admiralty and maritime legal issues, aviation legal issues, seaman’s legal issues, and issues involving trucking or motor carriers. In many cases, if you have a conflict with an airline, you may not need a lawyer because you can direct your complaints to the airline and hopefully find a resolution.
If you have any issues concerning personal injury or wrongful death, however, you should consult with a liability lawyer. Your lawyer can advise you of the laws that apply to your case, what remedies you may be able to pursue, and will guide you through the lawsuit process if you are required to file a legal claim to obtain compensation.
