Quote:
Originally Posted by Airwaves
I am just raising the question of what is a "proper" lookout.
It seemed to me in reading the coverage that she was doing everything she could in attempting to locate navigational aides she relied on, to me that would constitute a "proper" lookout.
The fact that she still hit the island says that she should have stopped or slowed the boat to headway speed when visibility went to zero but that was not what the jury found her guilty of.
So the question is the definition of "proper" lookout. Focusing ahead of the boat into the night would be considered proper, until you hit something? Then it is not proper even though conditions were such that the lookout could not see the object?
I'm just pointing out that an argument could me made.
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Proper lookout is definitely not something that is going to get defined the same way by every person. And I really don't believe was the proper way to define the charge that she was ultimately convicted of. However that may be the only way the could charge her, with what was definable by law.
Proper lookout really just refers to the visual aspects of make sure you are aware of your surroundings, and proximity to things.
Truly in this case the better why to define what Ms. Blizzard is guilty of is negligent operation. This would there for include not keep a proper lookout, as well as operation of her vessel in a safe and prudent manor. Visually she didn't keep a good lookout, which was in part hampered by operating her boat at a speed prudent for the situation. If you can't see past the bow of the boat, you shouldn't be moving at more then headway speed.
I had long been thinking of a fitting closing point to make in this thread... summing up my feelings of how this accident as well as others have been use to falsely create fear where there shouldn't be any. But I have decided not to.
This was a sad sad situation. How much of a roll alcohol played here I have no idea, and from reading what I have read, have been left with many questions to ponder. Which will hopefully drive me to do some research and understand things better.
Do I believe the state should hand down the harshest punishment possible. Yes, not because I believe Ms. Blizzard is a horrible, unremorseful person, but because I have and always will believe in punishing people to the fullest extent of the law. In actuality I don't believe any punishment the state can levy can be as bad as the quilt she lives with every day knowing what happened the dark night.
The only thing I walk away from all this the slightest bit disappointed in, is that I got the feeling that the state didn't assemble the case that they should have. Maybe I am wrong, but maybe I am not. I do believe the state case could have been stronger then it was.
To all the families and people involved, I hope that this trial puts this issue to rest. Now is the time that we all need to let this issue go, and let the wounds heal. Certainly we have all gained a new perspective from watching this, and could discuss things for along time. But we need to respect that it is over and allow, the community and the lake itself to move on.