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Old 08-05-2009, 02:39 PM   #44
Woodsy
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Join Date: May 2004
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Quote:
Originally Posted by Bear Islander View Post
Last years accident is and must be part of any SL debate. It's clear to me that the accident would not have happened if the speed limit law was in place and being adhered to. Obviously there is no guarantee that it would have been adhered to, but that is true of any law. You pass a law, set a standard, punish the abusers, and hope people comply.

The outcome of the trial is not important to the debate. The basic circumstances of the accident are important to the debate. The boats operation was not reasonable and prudent considering the conditions. That is the relevant point in my opinion. The outcome of the trial will not change my opinion on that point.
BI...

How on earth can you make a statement like that?? Your contradicting yourself! In one paragraph your saying a speed limit would have made a difference, in the next you stating that the boats operation was not reasonable or prudent for the conditions! I dont see how you can argue that a speed limit would have mattered....

I am sure you agree that the 25MPH Speed Limit is not an absolute. There will be times and conditons on the lake when a speed much less than 25 MPH would be considered "reasonable and prudent".

The estimated speed at impact has not been released, (I am sure we will get that number in Oct) so we have no way of knowing if in fact she was traveling at a speed greater than 25 MPH! All conditions being equal, without knowing exactly how fast she was travelling, you really cant logically form an opinion if a 25MPH speed limit would have made a difference.

WinnFabs used the same argument for the Littlefield/Hartman accident. The NHMP accident team estimated that speed at 28 MPH!

All things being equal, It may be that she was travelling too fast for the conditions that night, and there is an existing rule for that. It's possible that she wasnt keeping a proper lookout (got a rule for that too) Its up for a JURY to decide what are the mitigating circumstances surrounding this accident to determine her innocence or guilt, not you, I or anyone else.

The only way one can ABSOLUTELY say the accident would not have happened was for that boat and those poor souls to have never left the dock that day!

Woodsy
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