Our Brand Is Excellence

The Importance of Preserving Evidence After a Personnel Basket Accident

by | Mar 10, 2023 | Firm News, Maritime Law, Offshore accidents

When a personnel basket transfer results in serious injury, the hours and days that follow are critical. Not just for medical care—but for your legal case. Offshore employers and contractors are often quick to launch internal investigations, but that doesn’t mean they’re protecting your interests. In fact, important evidence may be lost, withheld, or never documented unless you act fast.

If you’ve been injured in a basket transfer accident, preserving evidence can make or break your ability to prove negligence and recover compensation.


Why Evidence Matters in Offshore Injury Claims

To pursue a successful legal claim—whether under the Jones Act, general maritime law, or against a third party—you need more than a report that says you were injured. You need to show:

  • What went wrong
  • Who was responsible
  • How your injuries occurred
  • What could or should have been done differently

Without documentation, it becomes easier for companies to deny fault, minimize your injuries, or shift blame to someone else. That’s why preserving evidence as soon as possible is essential.


Key Types of Evidence in Basket Transfer Cases

Here’s what your legal team will want to collect and review:

✅ Equipment Logs and Inspection Records

Crane maintenance logs, rigging certifications, and basket inspection reports can show whether the gear used in your transfer was safe—or overdue for service.

Pre-Lift Checklists

If safety protocols weren’t followed, the absence (or inaccuracy) of a pre-transfer checklist may reveal negligence by the crew, operator, or supervisors.

✅ Communication Records

Radio logs and recorded communications between crane operators, signalmen, and deck crew can expose miscommunication or failure to respond to hazards.

✅ Incident Reports and Internal Investigations

Companies often complete post-incident reports. These documents may contain early admissions of fault, crew statements, or timelines that conflict with later denials.

✅ Photographs and Video Footage

Images of the crane, basket, vessel, or platform—taken immediately after the accident—can capture damage, weather conditions, or layout issues that may later be cleaned up or altered.

✅ Eyewitness Statements

Fellow workers or crew members may have witnessed unsafe conditions or errors. Their accounts are often more detailed and honest when collected quickly.

✅ Vessel Logs and Positioning Data

If vessel movement contributed to the accident, logs and GPS data can help show whether a ship was holding position properly during the transfer.


What You Can Do Right Away

If you’re able—and it’s safe—try to:

  • Take photos of the equipment and scene
  • Write down your version of what happened
  • Get names and contact info of any witnesses
  • Request copies of any reports you’re asked to sign
  • Avoid giving recorded statements to company reps or insurers without legal advice

If you’re hospitalized or unable to act, a family member or attorney can begin these steps on your behalf.


How Employers May Try to Avoid Responsibility

After a serious injury, offshore companies often move quickly to:

  • Lock down incident reports and communication records
  • Clean or repair damaged equipment
  • Limit your access to the scene or documentation
  • Push you to return to work early
  • Offer low settlements in exchange for waivers of liability

Don’t assume that just because an investigation is happening, it’s being done in your best interest. The company’s priority is to protect itself—not you.


The Role of an Offshore Injury Lawyer

An experienced maritime attorney knows how to act quickly to:

  • Send formal preservation letters to prevent destruction of evidence
  • Request and subpoena critical documents
  • Interview witnesses before their memories fade or stories change
  • Retain experts to inspect equipment and determine fault
  • Build a legal case while you focus on recovery

Time is one of your biggest advantages—if you use it. The sooner you get legal representation, the better your chances of building a strong claim.


Spagnoletti Law Firm Can Help Preserve and Protect Your Case

At Spagnoletti Law Firm, our maritime lawyers represent offshore workers and families after serious basket transfer accidents. We move quickly to secure the evidence you need, identify every liable party, and pursue maximum compensation for your injuries.

📞 Call 713-804-9306 for a free consultation today. You don’t pay legal fees unless we recover money for you. Let us protect your rights while you focus on healing.