Fiona and Georg* were visiting family in the northwestern United States. On Sept. 24, 2015 - the last day of their vacation - they toured Seattle in a so-called Duck boat, a former military amphibious vehicle used as a tourist attraction in many cities. The moment the Duck boat drove onto the Aurora Bridge, it made a sudden movement to the left, followed by an abrupt turn to the right. Fiona was thrown from her seat by the violence and flung back and forth several times on the hard floor between the metal benches of the Duck boat. Georg hit his head against the metal back of the driver's seat. Glass flew around, metal parts of the vehicle succumbed to the pressure. People were screaming and crying.
Toedracht
Investigation revealed that the front axle of the Duck boat had broken in half. As a result, the driver lost control of the wheel, after which the vehicle bore into a tour bus carrying foreign students on the narrow bridge. The investigation also revealed that the risk that materialized on Sept. 24, 2015, was known to both the local operator of the Duck boat formula (franchisee and owner of the fatal vehicle) and its developer (franchisor).
Impact
At the road accident six people were killed and dozens more were seriously injured. ABC, CBS, CNN and other news outlets reported extensively on the accident. Fiona suffered severe orthopedic injuries, while Georg continues to be hampered by forgetfulness and difficulty concentrating. The trauma caused Fiona and Georg psychological symptoms of a permanent nature.
Procedure
In cooperation with the American law firm Stritmatter, we held both Duck boat companies, among others, liable. Since liability was not recognized out of court, legal proceedings were initiated - together with 42 other victims. In preparation for this, Fiona, Georg and I traveled to Seattle for examinations by the experts we hired into the physical and psychological problems. Some time later, we spent time in the United States again, this time for witness interviews (depositions) and expert examinations commissioned by the Duck boat companies. In late 2018, we returned to Seattle for the actual proceedings, which included hearing Fiona and Georg in court in front of the 12-member jury.
The jury ruled earlier this year and ordered the Duck boat companies to pay unprecedented damages. An appeal was initially filed by these parties, but eventually an agreement was reached on a final settlement for all victims of the Duck boat crash.
Outcome
Fiona and Georg had thrived together for more than 40 years. Their lives were turned upside down by the accident, and their relationship was permanently changed by its aftermath. Fiona's persistent optimism, Georg's sense of humor and the perseverance of both of them has taken them far. With the damages awarded, Fiona and Georg need not worry about the future financially.
The time with Fiona and Georg - especially our weeks in Seattle - has brought me much. I admire how resilient they are in life and have made sense of this impactful event.
The collaboration with the U.S. attorneys was intensive and gave me the opportunity to be involved in a class action on behalf of a group of victims in a jurisdiction with jury trials.
Postscript
Stritmatter has commissioned an interesting 6-part podcast about the Duck boat accident.
For some time now, I have been an active member of the American Association for Justice (AAJ), the largest organization of trial lawyers in the United States. I know Stritmatter's lawyers through AAJ. I also work with AAJ lawyers or lawyers who, like me, are members of the Pan-European Organization for Personal Injury Lawyers (PEOPIL). This collaboration ensures optimal results for my clients, while together we can call attention to the interests of victims in general on many levels.
If you have questions about this blog, please contact Bojan P. Dekker.
*The names of the main characters in this blog are fictitious; the facts described are real.