The topic, as I understand it is, who is responsible, liable, for this accident?
The responsibility of
ALL boaters is to keep a proper lookout and have the required lighting at night. If you'd like to visit the USCG Navigation rules site they do have an FAQ section in which they point out that even a ONE PERSON vessel, including an 18 foot boat or kayaks and canoes, have to adhere to Navigation Rules.
To the best of my knowledge,
NH has adopted the
USCG Navigation rules as law. The USCG Nav site also has a FAQ about kayaks and canoes and the response is that, based on the NAV RULES, they are treated like a small sailboat.
Let's review:
The kayaker(s) went out at night
without lights.
The kaykers(s) eventually found themselves in the path of a
lighted underway vessel.
The
kayker abandonded his boat leaving the (probably) overturned kayak, unlighted, unmaned, and
in the direct path of the powerboat.
The powerboat went out at night
with required navigation lights on and functioning.
The powerboat found itself in a position that it required a spotlight to find the next navigation marker
The powerboat,
with a spotlight in use, struck an abandonded, capsized boat (kayak) in the water.
As I posted many many many posts ago. I have had personal experience in coming across an unlighted boat at night. The boat I nearly hit was a fully loaded 21 foot pontoon boat. They had lots of lights on the boat, but not a stern light. I came up from behind and nearly hit them because I didn't see them.
Both of our boats were going at barely above headway speed. I swung around the pontoon boat to come along side to apologize about what I had almost done, and to my utter horror, when I came up behind it again, the boat,
THAT I HAD IN MY SIGHT AND WAS WATCHING! disappeared from view.
The area where I knew there was a boat, it was invisible, no boat, nothing but black!
We're not talking about on Winnipesaukee somewhere out in the Broads, we're not talking about off the coast of Newburyport where folks crowd into the mouth of the river to get home. I am talking about the Merrimack River in LOWELL! We were headed out for the fireworks so both sides of the river were well lighted! And still, even knowing where the boat was after I almost hit it and lots of light from both shores,
NOTHING BUT BLACK!
So, I pulled up along side the pontoon boat to talk to the owner. When I told him what happened, he understood and repositioned his stern light so that instead of lighting the deck of his boat it actually was useful for other boats to see.
Bottom line.
An unlighted boat on the water, whether it's a 21 foot pontoon boat or a kayak, is
INVISIBLE AT NIGHT!
If it is unlighted it is at fault for any accident. Period.
A swimmer is not covered by the Navigation laws. If you're stupid enough to be swimming after dark in an area where there is boat traffic then you stand a good risk of being killed.
A kayak IS required to follow ALL navigation rules.
Quote:
Islander wrote:
Operating an unlit boat is not much of a topic, you are an idiot and you are breaking the law.
What if that swimmer was 50 feet from a properly lighted boat at anchor?
What if their canoe, with a light, had overturned and they a waiting for rescue.
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Let's say the kayak had overturned in front of the on coming powerboat, do you think the kayker would have swum away or called attention to himself?
If the powerboat hit a swimmer 50 feet from shore the powerboat operater is totally at fault.
The powerboater in this case hit an unmanned, unlighted hazard to navigation and you folks are trying to place the blame on the skipper of the powerboater? It was not the powerboaters fault in any way shape or form! The naked kayakers should have been charged!