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[email protected] dougking888@yahoo.com is offline
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First recorded activity by BoatBanter: Feb 2007
Posts: 900
Default An obvious case of injustice.


On Tue, 19 Aug 2008 08:14:38 -0700 (PDT), said:

The problem can be analysed fairly easily:
What action could a becalmed sailboat skipper have taken to avoid
being run down by a powerboat going 40+ knots?
What action could a powerboat skipper going 40+ knots take to avoid a
becalmed sailboat?


Dave wrote:
Turn on his navigation lights?


There were plenty of witnesses, including the forensics examiner, who
said the sailboat's lights were on. They were excluded from giving
evidence by the police & by the prosecutor.


.... Assuming he's sober enough to see and hear
the other vessel


Now there's a clearly unbiased statement.


, shine a light on his sail to make sure he's seen?


A good idea, but a bit time-dependent. When you're on a small lake and
a powerboat is aimed right for you at 40+ knots, there's not a lot of
time to rummage around for a flashlight.

Here's a funny thought.... your saying that the sailboat should have
made himself visible to the powerboat is a tacit admission that the
collision was the powerboats fault. In other words, the sailboat needs
to rely on the powerboater's situational awareness & following ColRegs
(and common sense).



It's very easy to reach the wrong conclusion when you have only half of a
story.


Agreed.

Kind of like when you exclude all exidence that the sailboat's running
lights *were* on

I have to say, I am not particularly unbiased in this situation. A
close friend of mine was killed years ago by being run over by a
powerboat while he was sailing. And no, he had not been drinking and
it wasn't at night. The powerboat driver was 16 years old.

DSK