Quote:
Originally Posted by Mink Islander
Let’s not forget that first and foremost, the captain is required to maintain a safe watch. It was calm and clear yesterday. Only boat wakes stirring things up. We have no idea what color the kayak was, or what the paddler was wearing but it does not diminish the fact that it is the Captain who is 100% at fault here.
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Easy to say, not always easy to see.
Responsibility does nothing to mend a broken body when you were run over because the wind and water and sun/cloud conditions were just right, and the kayak and kayaker were all in muted colors, and the boat operator did honestly just not see you.
Paper rules do not prevent accidents, thats why we call them accidents.
Intentional recklessness should not be tolerated, but legitimate accidents will happen. And no law assigning responsibility will stop it.
Bright colors may help you to not get run over in some situations. And please do not perceive that as victim blaming, it is just a fact the bright colors are more visible and will improve you chances of avoiding a problem.