Quote:
Originally Posted by ITD
... I am having a very hard time believing she was going much over 20 or 25 mph. If I am right, the question I have is would a reasonable person think 25 mph is too fast at night. I would have to argue no, a reasonable person would think 25 mph is a safe speed at night, because we now have a law that implies that is so...
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I don't want to get in a back & forth with you ITD, I have much respect for you and your opinion. But I do have to clarify your position on the new law.
The new law mandates that the maximum speed you can travel at night on Winnipesaukee is 25 MPH. You can only operate up to that speed if conditions allow you to do so safely. If the conditions warrant a lower speed, such as fog, rain, crowded conditions or mechanical issues then you can still be guilty of negfligent operation at a speed less than 25. Do not forget the caveat contained within the law.....reasonable and prudent.
Back to the thread at hand. I think that unless a gross mechanical or temporary physical impairment occurred just prior to the collison, a reasonable person is going to conclude that striking an
island and causing serious injury and death infers that the craft
was not being operated at a reasonable and prudent speed given the conditions present that evening.
Time will tell....