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Woodsy · 08-07-2007, 07:07 AM

This seems pretty simple to me....

Both the powerboat and the kayaks have the right to be out at night, however, the powerboat followed the rules and the kayakers did not. The kayakers were struck as the result of thier own gross negligence. PERIOD! All of this speculation of a moonlit night is hogwash. Those kayaks would only have been illuminated by the moon if the direction the powerboat was heading somehow allowed for the sillouhette of the kayaks to be seen in the moonlight. If you want to go night kayaking,. rig up a light!

There is a level of inherent risk to all activities. Just because you have the right to do something stupid, doesn't mean that the other party in the accident is at fault. If you choose (poorly) to go swimming more than 150' from the shoreline at night with nothing to alert others to your presence, you become a navigational hazard and you assume the risk of death or injury, not the powerboat that is operating legally. The right of the swimmer or kayaker, do not overrule the right of the boater. It comes down to who is the Bonehead.... in this case its the kayakers and they are damm lucky to be alive!

Woodsy

08-07-2007, 07:07 AM	#162
Woodsy Senior Member Join Date: May 2004 Location: Weirs Beach Posts: 1,965 Thanks: 80 Thanked 979 Times in 440 Posts	This seems pretty simple to me.... Both the powerboat and the kayaks have the right to be out at night, however, the powerboat followed the rules and the kayakers did not. The kayakers were struck as the result of thier own gross negligence. PERIOD! All of this speculation of a moonlit night is hogwash. Those kayaks would only have been illuminated by the moon if the direction the powerboat was heading somehow allowed for the sillouhette of the kayaks to be seen in the moonlight. If you want to go night kayaking,. rig up a light! There is a level of inherent risk to all activities. Just because you have the right to do something stupid, doesn't mean that the other party in the accident is at fault. If you choose (poorly) to go swimming more than 150' from the shoreline at night with nothing to alert others to your presence, you become a navigational hazard and you assume the risk of death or injury, not the powerboat that is operating legally. The right of the swimmer or kayaker, do not overrule the right of the boater. It comes down to who is the Bonehead.... in this case its the kayakers and they are damm lucky to be alive! Woodsy __________________ The only way to eliminate ignorant behavior is through education. You can't fix stupid.