[Answer] Who Really Heads the Ship?

By
Mfame Team
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32539

Maritime Executive in an article discusses, “Who’s really in charge of the ship?”

Contribution of a ship captain

In spite of the unique contribution a good captain can make to the success of a voyage, shore offices and customers are more pushy than ever.

And this often comes at the risk of safety, as in the case of the sinking of SS El Faro, where a decision was made to head through a hurricane in order to save the extra bunker needed to sail an additional 160 nautical miles around that rough weather.

Yet there can be no doubt. The captain of a vessel still has overriding authority. That is to say, he can override any other demand made on him.

Safety regulations

Captain’s word, on board the ship, that is law.

This is enshrined both in the International Safety Management (ISM) Code Sec. 5.2 and in the International Convention for Safety of Life at Sea (SOLAS) Chapter 5 Regulation 34-1, which gives the captain the right to make any call necessary in order to protect the life of persons on board or to safeguard the vessel.

In practice, the pressure exerted by customers and the shore office to cut corners in the name of costs can make such decisions unduly difficult for the captain.

After all, captains are also people. And people can be afraid of getting fired, getting reprimanded or getting pushed back from desired promotions.

The same rule applies as elsewhere

If you’re going to make an unpopular decision, be ready to do your homework. Simply because ISM and SOLAS grant the right to exercise overriding authority does not mean others will uncritically accept this truth.

Thus, documenting the process and reasoning used in coming to the determination that overriding authority must be exercised, and supporting that with appropriate, thoroughly gathered, well-presented and organized evidence is essential.

Every action has consequence

It should be assumed that any such decision will come under fire and will need to be defended, possibly in court.

What followed was a deep-dive into a multitude of possible scenarios, from ship collisions requiring a yard visit to weather deviations to measures undertaken to prevent cargo damage.

Photos, witnesses, surveyors, notes of protest and logbook entries were discussed along with the various attending details, e.g. the correct use of time-stamps and validating witness identities.

Of course, gathering this evidence is important, but it’s arguably even more valuable to assemble evidence in a systematic, credible manner so that it can be be used fruitfully in case of a dispute.

No matter how good the evidence is in principle, if it cannot be validated and submitted to support an argument, it will not be of any use in helping a captain defend an unpopular decision made under his overriding authority.

Captain’s role is critical to a well-functioning shipping industry

If charterers and owners encourage a race to the bottom, it’s up to ship’s captains to use their overriding authority! Charterers see logistics as a pure cost.

Owners want to do right by their customers in a competitive market. Captains must shout: “stop!” if it goes too far. That means preventing the worst of the cost-cutting and putting in the legwork, e.g. fact-finding, assembling evidence, submitting reports, to justify any unpopular decisions.

Characteristics of a good captain

At the end of the day, the shipping industry relies on diligent captains to make the right call time after time.

A captain who has integrity and a sense of duty, and an ability to accurate anticipate and address risks, is a valuable – essential – contributor to the success of a global industry. If the captain’s decisions are based on good seamanship and can be supported with evidence, there is nothing to fear.

The shore office and the customer may complain about extra expenses, but in the end, they are all relying on the captain to get the crew, the vessel and its cargo safe and sound to the contemplated destination.

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Source: Maritime Executive

679 COMMENTS

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  2. But even the ideal technicians occasionally get in a hurry and overlook important safeguards, leaving the motorcycle’s operator to pay for the cost.

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    A target of a motorcycle accident has legal grounds for filing a declare for payment if they’re able to demonstrate another person was chargeable for the crash that triggered them damage. This could certainly imply demonstrating A different driver:

  6. The kind of car accident assert also impacts how long after an accident you are able to sue. After the day in the accident is outside of the statute of constraints, you are able to’t sue the at-fault get together.

    The viewpoints expressed are definitely the author’s by itself and possess not been offered, authorised, or normally endorsed by our associates.

    For minor accidents, it’s very feasible you don’t will need an attorney. Even so, even when it turns out you don’t will need to hire an auto accident lawyer, consultations are always 

    Why the concept of negligence is pivotal in many personal injury conditions, And just how the at-fault get together’s negligence can be proven.
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    The opinions expressed are the author’s alone and possess not been supplied, authorised, or in any other case endorsed by our partners.

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    Adam Ramirez has long been crafting and enhancing regarding the legislation and lawful challenges for in excess of twenty years. After earning a legislation diploma in the University of Arizona, he clerked for two several years to get a U.

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  8. Not one person receives into their car or truck and expects to become linked to an accident. Motor vehicle accidents However take place every day all through the condition of California. In many scenarios, folks involved in car accidents maintain major accidents that may have an effect on them For the remainder of their lives.

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    All reviewers are confirmed as attorneys via Martindale-Hubbell’s in depth attorney databases. Only attorneys practicing not less than a few a long time and getting a ample variety of opinions from non-affiliated attorneys are suitable to receive a Ranking.

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    After a car or truck accident, you have to be focusing on your recovery, not seeking to Recuperate compensation to your injuries and also other losses. The Statute of Limits in California lets you file a lawsuit within two a long time of one’s injury, don’t hesitate to have the payment you ought to have.

    In reality, you can find instances through which functions aside from drivers could possibly be accountable for damages. These consist of, but usually are not restricted to: crashes that involve semi-vehicles or other commercial motor vehicles; MBTA motor vehicles; risky roadways; motor vehicle defects; personal buses or tour cars; and govt motor vehicles.

    All reviewers are verified as attorneys via Martindale-Hubbell’s extensive attorney database. Only attorneys working towards a minimum of three years and obtaining a sufficient range of assessments from non-affiliated attorneys are qualified to receive a Rating.

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    We don’t provide fiscal advice, advisory or brokerage companies, nor can we suggest or suggest people or to order or sell individual shares or securities. Overall performance info can have adjusted Because the time of publication. Earlier efficiency will not be indicative of future results.

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    It is best to acquire the report and be certain it incorporates an exact portrayal of Whatever you claimed. If it does not, you can request to hold the report amended.

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    Though technically one other driver will continue to be accountable for the rest of that money, it may be difficult to acquire if the money doesn’t exist. That’s why Lots of individuals carry uninsured, underinsured or PIP protection.

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    Although no two traffic accidents are similar, at the least a person negligent motorist is to blame for resulting damages most often. In some instances, having said that, multiple get-togethers could be held accountable.
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    Any injury could be agonizing and monetarily costly, but some injuries is often lifestyle-switching to victims and their families. Intense and catastrophic injuries That usually cause motor vehicle accidents involve:

    Christy Bieber is really a personal finance and lawful author with much more than a decade of expertise. She attained her JD from UCLA College of Regulation and was an adjunct professor At first of her occupation, teaching paralegal scientific tests and relevant classes.

    Sometimes, victims may be entitled to payment for psychological distress resulting from the motor vehicle accident.

    It is usually essential for accident victims to get Call facts from anybody who can have witnessed the accident come about. In several cases, drivers can have significantly distinct accounts of how an accident occurred and eyewitness testimony can normally enable solve these kinds of disputes.

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    If fault is disputed or when you sustained serious damages and don’t think you’re being quite compensated, it’s a smart idea to employ the service of an attorney for assistance.

    A flat-payment arrangement occurs each time a auto accident attorney prices a set amount to represent you throughout Everything of the situation. You are able to set up to pay for the fee on a payment prepare, but will often should make an First payment.

    The company of the motorcycle if a defect while in the motorcycle triggered the accident to happen or resulted in worse injuries
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    You can’t go back as soon as you accept a settlement, so just take time to contemplate your options. Dependable attorneys provide cost-free case evaluations and can assist you make your mind up if the scenario is worthy of litigating.

    Underneath is a set of articles or blog posts that can help you choose the right measures pursuing a car or truck collision in CA. In case you have been linked to an auto accident in California we invite you to Make contact with us for just a free of charge scenario overview by our knowledgeable auto accident lawyers.

    Just about every insurance provider included can have their unique damages and compensation formulation to apply to common damages. This can most likely bring about a Considerably reduced supply of settlement than your First desire letter, which is able to challenge and refute your claims.

    At trial, a jury awarded the couple $6.5 million, with auto accident lawyer Ellis effectively proving quite a few violations about the Section of the construction business, the town, and the general contractor and engineering organization involved in the task.

    Dealing with the aftermath of a car or truck accident might be overpowering. The importance of swift motion cannot be overstated, and getting in touch with a vehicle accident lawyer in the vicinity of me or an auto accident attorney around me ought to be a priority.

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  15. Whenever a crash happens, a motorcycle accident lawsuit can result if accident victims ought to check out courtroom to obtain entire compensation for your losses that happened.

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    When most conditions of whiplash take care of themselves with time, some is often permanently disabling. On top of that, the trauma of the vehicular collision may cause various varieties of injury for the gentle tissues of the upper and decreased again, and in really serious cases, may even bring on disc herniation or connected skeletal trauma.

    Personal Injury Claim Advice: The entire process of submitting a personal injury assert could be intricate. Our workforce of personal injury lawyers will manual you thru Every single stage, ensuring all paperwork is the right way crammed out and deadlines are met.
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    In case the concerned get-togethers don’t agree on who’s at fault plus a motorcycle accident lawsuit success, a decide or jury will identify who is guilty and how much compensation is acceptable. Every time a situation goes to courtroom, it’s the victim’s responsibility to demonstrate who’s at fault.

    Head-on accidents arise when two automobiles collide right with each other though likely in opposite Instructions. Even at modest speeds, head-on collisions can result in severe injuries or death.

    In this situation, it could be tough to suit your needs as a vehicle accident target to barter Together with the insurance company without the need of authorized information. An attorney can help you gather all the correct documentation and proof to aid your scenario and get by far the most income for the motor vehicle accident.

    Each day, Many drivers make the error of contemplating they can use their cellular phones for making a get in touch with, mail a text message or pay attention to songs while behind the wheel. Mobile phone use, and specifically texting, is now among the list of prime brings about of distracted driving accidents. Underneath the point out’s Protected Driving Law, Massachusetts has the subsequent constraints concerning mobile phone use when driving:

    If the vehicle insurance company will not agree Using the fault or the worth and refuses to budge, your declare could head over to trial. Although this tends to be tense, a jury could award you in excess of the settlement volume.

    These Restoration won’t transpire automatically, nonetheless, and vehicle accident statements often have to have a big quantity of evidence to show negligence and accident-connected losses.

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    A rear-stop accident happens each time a driver collides With all the car or truck before them. These kind of accidents can vary from slight to very severe, depending upon the pace at which the cars had been relocating and the precise circumstances underneath which the accident takes place.

    Auto accident attorneys realize that motorists remain chargeable for vehicle accidents, and insurance policy plays a vital purpose in dealing with these promises.

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  20. Our auto accident lawyers won 1000s of automotive injury cases and boast a success price of in excess of ninety nine percent.

    Unfortunately, even essentially the most conscientious cyclists can find on their own slipping sufferer to conditions exterior their control. In fact, figures show that motorcycle riders are four situations far more most likely than car owners to suffer an injury and 16 moments a lot more likely to be killed inside of a website traffic accident.

    Although most circumstances of whiplash resolve themselves with time, some may be forever disabling. In addition, the trauma of a vehicular collision can result in many kinds of damage into the tender tissues in the higher and lower back again, As well as in critical conditions, may even produce disc herniation or connected skeletal trauma.

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    Do I Have to Head to Court? This depends on the person circumstance, but in reality, not many motor vehicle accident circumstances drop by court docket, mainly because this sort of an all-or-almost nothing approach can be pricey and is never in the top curiosity of any bash associated.

    We do not offer you fiscal tips, advisory or brokerage products and services, nor do we suggest or recommend people or to buy or sell specific shares or securities. General performance details may have altered Because the time of publication. Past performance isn’t indicative of potential results.

    Your health and fitness insurance policies will protect your injuries, even so, you might have to reimburse the organization for any award you receive within your case for the accidents. Due to this it is vital to doc the particular cost of the health-related care, not merely your own private copays or deductibles.

    Attorneys know the ins-and-outs on the lawful process and may help victims negotiate a fair settlement or produce a powerful situation in court docket.

    If you do finish up employing us to characterize you, there’ll be no upfront costs or progress payments demanded. In case you recover nothing at all, you owe us almost nothing. We’re right here to acquire you the most beneficial end result probable and we Focus on a contingency fee basis.

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    In some instances, a motorcycle accident is not the fault of any driver, but occurred because of the dilemma Along with the motorcycle itself. This could happen, by way of example, If your brakes had been faulty or if Various other problem Together with the motorcycle resulted in the collision transpiring.

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    The worth of the automobile accident declare mainly hinges on if the accident has impacted your quality of life. For those who’re an expert carpenter who can’t return to work just after your accident, the accident has impacted your lifetime eternally.

    Even in a lot less critical accidents, victims typically experience major pain and incur Countless dollars in property harm to their motor vehicles. Luckily, when motor vehicle accidents are caused by the negligence of others, victims tend to be ready to Get well money payment for their losses via a California personal injury assert.

    Whilst accident victims can file a motorcycle accident lawsuit, many situations settle outside of court docket.

    A settlement occurs when an accident target accepts an offer of payment from an insurer and agrees to not go after any further promises in Trade for the payment. Several aspects affect the level of a settlement which include:

    When collecting your thoughts and files, consider what you’ll need to ask the lawyer. Take into consideration which includes on the record questions on:

    Your attorney will Consider the Particular damages within your circumstance, and then use a multiplier known as the damages and payment components to ascertain the value of your respective common damages.

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    Careless motorists: Accidents where the motorist moves to the bike rider’s lane, strikes the motorcycle from driving or executes a turn instantly before the bike owner take place every single day across the nation.

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    Selecting an attorney is crucial following a automobile accident case as a way to protect your rights and ensure you receive the complete number of compensation that you choose to ought to have next a crash.

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    An attorney can assist with equally negotiating a settlement and with pursuing a motorcycle accident lawsuit. Crash victims need to search for a lawyer with motorcycle accident knowledge along with a demonstrated reputation of thriving claims on behalf of hurt clients.

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    Bear in mind, the insurance policy adjuster of the other human being linked to the wreck doesn’t give you the results you want, and their most important objective is to minimize loss for their insurance provider. If you have an attorney inside your corner, you might have somebody that can battle on the behalf.

    It will be up to your victim to reveal who was accountable and to point out the extent of reduction to be able to achieve success within a motorcycle accident lawsuit.

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    Even in a lot less really serious accidents, victims usually experience significant ache and incur A huge number of pounds in assets damage to their automobiles. The good thing is, when motor vehicle accidents are brought on by the carelessness of Many others, victims are often able to Get well economic compensation for his or her losses through a California personal injury declare.

    A talented auto wreck attorney will always endorse paying attention to information! Even though not as substantial-tech as utilizing a digital digital camera to gather photographic evidence, everyone involved in an accident also needs to make notes about distinct environment they think could possibly have contributed to the way wherein the accident happened.

    Injury victims in these circumstances can find it challenging to recover truthful payment mainly because of the multiple get-togethers That could be included. The attorneys in the Massachusetts-primarily based Kiley Law Group recognize the complexities of accidents involving MBTA buses and trains, and we are proud to struggle for just compensation for victims.

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