Quote:
Originally Posted by Bear Islander
I went back to the thread on the accident. SIKSUKR knows the people in the boat. At the time he posted... "The guy saw the boat coming,bailed and swam to the shore." That doesn't sound like the kayak was a floating piece of debris. Sounds more like a close call.
The kayaker is a lucky idiot, we can all agree on that.
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So the kayaker did not see or hear the boat coming ahead of time? A properly lit powerboat with a gas engine? What happened to the kayaker maintaining a proper watch? Clearly they were intoxicated, clearly they did not have lights, clearly they were naked, and clearly they failed to maintain a proper lookout. Basically 4 laws broken. There is NO REASON that the kayaker should not have had plenty of time to react between the sound of the boat and the incoming lights. Lucky idiot is an understatement.
They were not in an area where the boat was traveling at excessive speeds by any means and there has been no report to indicate otherwise. I do believe that the boater was not at fault, they hit a unmanned, unlit kayak that sits low in the water in the dark. Had the person been in kayak I still think that a court would have a tough time finding the boater negligent.