Evenstar wrote in part:
Quote:
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Of course it is wrong (dumb, suicidal, and in violation of our boating laws) to be out on any lake at night in any type of boat without the proper lighting. I haven't seen where anyone here has posted that the kayakers were not in the wrong. But I also believe that any power boat out on a lake at night should be traveling slow enough to avoid a collision with any other large floating object on the lake. So I feel that both parties were at fault.
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My friend, and you know that I mean that, you're wrong.
If you consider what we currently understand to be the facts.
The powerboat had a proper lookout and even was using a search light (I personally never use a search light unless someone or something falls overboard, but that's another post).
The kayaker, who we all agree violated the law by even being on the water, saw the boat coming and jumped out of his kayak leaving it (probably) capsized and in the path of the oncoming powerboat.
The powerboat struck said (overturned) unlighted kayak even as he/she was using the searchlight looking ahead.
Evenstar, I know you to be a strong advocate of human powered vessels and to tell you the truth, every time I saw a kayak on Winni this summer I wondered if you were among them. That aside, the powerboat operator in this case is completely innocent and not to be held responsible in any way!
* The kayak should not have been on the water.
* The kayaker should certainly never have abandonded his unlighted boat in the path of a powerboat.
* It seems to me that the kayaker was trying to avoid being caught on the water without lights, and without clothes rather than take evasive action.
* The powerboater did everything right and yet because of the kayaker's actions the powerboat operator's judgement is being called into question because he/she was at the helm of a boat driven by a machine.
Yes, there is blame to be handed out in this case, and that blame goes completely to the kayaker. In my judgement, that kayaker should have not only been cited, he/she (both) should have been arrested.
Good to see you posting again!