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Originally Posted by Gavia immer
You agree that the captain was completely negligent in striking the cliff at top speed at night. Now change the struck cliff to striking "five teenagers in a seriously overloaded, unlighted canoe sitting extremely low in the water". Your legal defense of unsafe night operation would turn five teenagers into roadkill.
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The problem with the scenario presents above is the cliff was likely on the chart, and wasn't required to have a light to keep a vessel from striking it. On the other hand, in your example, the canoe with 5 kids on board at night, would have been required to display a light for their own safety. While likely to be killed, its also likely that the operator of the vessel that struck them wouldn't be charge with negligence or any wrong doing. Keep twisting it, and someone will come along and keep knocking your ridiculous scenarios out of the park.
As an aside, my boat will only go above 45 mph at full throttle, although it's not likely to happen, as I don't abuse my stuff, nor can I afford to waste money like that.