Reports surface that the the crew member aboard the barge that hit the Ride the Ducks boat was not stationed on the deck.
A tour boat captain has sued the operators of a towboat that pushed a huge barge into his vessel in Philadelphia, leaving two tourists dead.
The parents of two Hungarian tourists killed have also sued K-Sea Transportation Partners, the city and others.
K-Sea operated the towboat, which the city had hired to move sludge in the Delaware River.
Fox worked for Ride the Ducks. His 33-foot amphibious boat was stalled in the river's busy shipping channel when the 250-foot-barge struck it. The crash sent Fox, his deckhand and all 35 passengers into the water.
The National Transportation and Safety Board says Fox's distress calls to the towboat went unanswered.