The court system will end up determining what a safe speed was...
The Court will decide what speed was negligent, not what speed was safe. Huge difference.
The court system will end up determining what a safe speed was...
Did anyone get cited for anything ?? I'm just thinking that if it were a car accident, the police would write and issue tickets right away...is a marine accident different ?
I am thinking with the damages incurred and physical injury, some sort of state law enforcement will investigate.
In NJ it is $2000 or injury.
Am I being too simplistic in thinking that since the boater hit another boat that he didn't see in time he was almost by definition going too fast for the conditions? Assuming he was keeping an adequate watch.
Am I being too simplistic in thinking that since the boater hit another boat that he didn't see in time he was almost by definition going too fast for the conditions? Assuming he was keeping an adequate watch.
Am I being too simplistic in thinking that since the boater hit another boat that he didn't see in time he was almost by definition going too fast for the conditions? Assuming he was keeping an adequate watch.
I'd say you're... ahhh... "pretty much" spot on! Although, fact that the boat hit had no lights may well become a portion of the fault-debate; regarding whose actions [or lack thereof] represents what percent of fault for the accident.
It's great that there was little personal injury as result.
That fits well with a legal phrase "res ipsa loquitur", which means "the thing speaks for itself". Of course it is rebuttable by other information.Am I being too simplistic in thinking that since the boater hit another boat that he didn't see in time he was almost by definition going too fast for the conditions? Assuming he was keeping an adequate watch.
BandB;535314 ... Had boat without lights had them said:Sounds like w/o other extenuating circumstances / facts a 50/50 liability assessment would be reasonable
Sounds like w/o other extenuating circumstances / facts a 50/50 liability assessment would be reasonable
That was close to my original thoughts however...Not to me....if the vessel with no light had shown them, and that would have possibly prevented the incident, I would be at 80/20 against the unlit boat...maybe higher.
His only defense in my mind would be the under 7 meter rule, when anchoring out of busy areas that would relieve him of showing an anchor light.
CoLLEGes clearly covers reacts to AVOID hitting another vessel.Cant use the COLREGS as the hammer if the other vessel wasn't in compliance...that's like saying you have to know which way to turn or hold course if the other isn't showing red and green.
And the COLREGS aren't about hitting objects, just other vessels that have duties, even at anchor.