Hi Silver Duck
We agree that had the kayaker followed the law and displayed the proper lighting configuration the accident would never have happened.
I don't know if you've ever come upon an unlighted boat at night or not, I have, and from that one experience I can tell you that anything above headway speed and you are going to have a collision! An unlighted boat at night is invisible!
As for keeping a proper lookout, that's part of the law but again, even with someone kneeling in the bow seat whose only job was to look ahead an unlighted kayak would still be invisible until the collision.
As for using a search light ahead of your boat, even it's it's brief I would strongly recommend against it for all but tricky situations. The use of a searchlight destroys everyone's night vision. When you turn it out and the world is darker than before. Wasn't there a post on another thread about someone being pulled over by the MP because he forgot he had his headlights on while leaving the Weirs? Those kinds of lights are helpful going through tough channels at night, searching for something, or someone lost overboard and maybe even docking if you aren't sure of your approach, but should not be used to sweep the area.
As I mentioned, if there is NH case law floating around to the contrary then my arguments are moot. But in the absence of NH case law then you have to look at similar accidents in other areas and lacking other circumstances, such as excessive speed or alcohol, the case really is pretty simple.
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