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Criminal Case In Philadelphia Duck Boat Accident Wraps Up

We have reported on the tragic Philadelphia duck boat accident that occurred on the Delaware River July 7, 2010 several times on this blog.

The fatal accident took the lives of two Hungarian students when a tugboat pilot led a 250-foot barge into a Ride the Ducks tourist boat that had stalled on the river. The collision caused the boat to sink in 55 feet of water.

Months ago, the National Transportation Safety Board determined that the accident was caused by the tugboat pilot, who was distracted by his cell phone and laptop when the crash occurred. Workers on the Ride the Ducks boat were also cited for distraction and for not following safety procedures.

In August, we reported that the tugboat operator pleaded guilty to one count of criminal misconduct for his role in the accident. Just last week, it was announced that the tugboat pilot was sentenced to a year in prison for the crime. The 35-year-old had faced up to three years behind bars.

The prosecutor in the case pointed out that there had been time to avoid the accident, but the tug pilot had gone to a lower wheelhouse where he could barely see to use his cellphone and laptop. He also turned down the marine radio, which was receiving frantic Mayday calls, the prosecutor said.

“Goodness gracious. Everybody knew this was happening but you,” the U.S. District judge on the case told the tug operator, who appeared remorseful.

He said that his son had suffered from complications during a routine eye surgery and that is why he was on the phone with his wife and looking up medical information on his computer when he was supposed to be leading the barge through the busy channel.

However, the prosecutor pointed out that had the man gone on break instead of guiding the giant barge virtually without watching, the whole mess could have been avoided.

The families of the two people killed have also brought personal injury lawsuits against K-Sea Transportation, the operator of the tugboat; Ride the Ducks, the owner of the tour boat; the city of Philadelphia, which owned the sludge barge; and others.

Source: The Wall Street Journal, “Tug pilot gets year in deadly Pa. duck boat crash,” Nov. 1, 2011.