Here’s the thing: as an operator of a boat it is up to YOU to be vigilant and observe your surroundings. Taking your eyes off the water to talk to a friend, crack a drink, look at your lovely wife or girlfriend, etc. is not an excuse. If you hit a kayaker in an 8 or 9 ft kayak (or anything else), even if they are in the middle of the Broads or if they don’t have a flag or colored vest, it’s a good bet you were going to fast or you weren’t keeping a proper lookout. The accident is ALWAYS the boat operator’s fault, both legally and any other way you want to look at it. Speed isn’t always the issue but laziness, ignorance, and/or entitlement usually plays a part.
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