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Originally Posted by Gavia immer
The captain is required to maintain a proper watch regardless. He also may not display lighting that interferes with his capacity for night operations and keeping a proper watch.
While one or both kayaks violated visibility regulations, the captain is responsible that a proper watch is kept and responsible for the safety of his passengers and crew. Unlighted kayak, raft, island, shoal or cruiser, conditions that night were ideal for the captain to avoid a collision. A captain cannot pick and choose what he may collide with.
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Yes , when it comes to responsibilities "the buck stops here " on the captain . But your answer is akin to blaming the man in charge of operating a locomotive with 10 or 100 cars behind him for running over an idiot asleep on the railroad tracks. The kayakers had no right being there,were breaking many of our boating laws and only by the Grace of God are they alive .
the captain of this boat deserves a "round of applause" and not a negative word otherwise . To to do anything else or to suggest that he /she is partly at fault is simply inappropriate and insulting to the captain and simple human logic....But then, there is an entire group out there in our society that thinks that there is always someone else to blame . "hey , I have lung cancer because i smoked butts for 25 years ...i think I'll file a suit against the tobacco companies " while they have been telling everyone who will listen that smoking causes cancer..... The fault must fall on the person who acted
irresponsibly....that would be,by 99 % of the American public,the kayakers
I am very happy that no one suffered serious injury.There was injury caused that night: to the people operating and riding in the boat...they will never forget that night and I am sorry for that . they don't deserve that.....