Islander
You are correct that Dan was not convicted of BUI (though the jury seems to have considered alcohol to be a contributing factor to "failing to maintain a proper lookout") and that the speed at the time of collision was determined to be 28 mph.
However, I'm curious whether you think that, had an otherwise identical collision occured at 25 mph rather than 28 mph, the outcome would have been materially different? If so, on what do you base this conclusion? To me, it seems counter intuitive that 3 mph would have made a big difference. However, I'm willing to listen to scientific evidence to the contrary if you have some to present!
I'll happily admit that 25 mph at night is a safer speed than 45 mph, or 65 mph; I limit myself to hull speed after dark (about 7 - 8 mph). I just don't think that 25 mph is slow enought to eliminate the likelihood of another tragedy should a collision occur. Personally, I think that safety at night can only be attained through a combination of operator vigilence and, perhaps, something that makes a boat easier to spot from astern. I know from exoperience that it's sometimes difficult to tell from a distance whether the white light in front of you is a boat's stern light or somebody's porch light!
I just don't think that, by itself, the 25 mph speed limit after dark will be enough to make it completely safe to be out there at night.
Silver Duck
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