Airwaves
Since I frequently go out at night, I've been trying to come to grips with this one all week, and I'm not sure that the issue is quite that simple.
I'll freely admit that the kayakers were completely and totally in the wrong being out there without lights.
I also commend the operator of the powerboat for stopping and assisting the kayakers.
But, had there been a fatality (God forbid that should happen to anybody on Winni ever again
), I'm not at all certain that a case couldn't have been made for "failure to keep a sharp lookout" and/or operating at too high a speed for the current conditions.
I've never come across a legal definition of keeping a sharp watch
(Skip, maybe you can help out with this) but I suspect that it would involve becoming aware of dangers in time to avoid them. That did not happen in this case.
And, I've no idea how fast the powerboat was going, but whatever the speed was, it was inarguably too fast for the powerboat operator to see the kayak in time to respond and miss it.
The powerboat operator came within a few feet of possibly having his/her life ruined by this incident (and the kayaker's stupidity), and certainly had a horrible scare that will stay with him/her for a long time; I'm not in the least unsympathetic to him/her.
But, I suspect that there are a couple of object lessons here for the rest of us.
First, if you can't see what's around you clearly and for a goodly distance, slow down (way down, if necessary)! That applies to sun glare, fog, rain, etc. as well as darkness. Never, ever, outrun your field of vision!
Second, carry a spotlight at night and use it to "sweep the area" in front of your boat as needed to be certain that you know what's in front of you (brief scans, please; don't just leave it on!)
Silver Duck