American legal case - powerboat hits yacht at night

PeterGibbs said:
Indeed they are!

Putting aside the vexed question of the DA declining to prosecute an officer of the law involoved in an accident, there are pointers here for UK sailors concerning the role of alcohol and navigation.

The DA laid great weight on the drink found in the helm on the sailing boat. Friends, this issue is coming to a waterway near you anytime soon! Sailors may not be keeping a lookout, have defective lights etc etc, but any evidence of alcohol in either the master or helm of a vessel involved in an accident will be taken as a negligence with resultant culpability.

For too long, sailors and MOBO operators in UK (and EU) waters have taken a casual attitiude to drink when on the move. It could be a very costly mistake, legally, whatever its contribution in actuality to accidents afloat.

We have been warned!

PWG
Click to expand...

Quite. On the road the drink driver is always prosecuted and rarely, I would have thought, would an accident involving a drink driver not result in successful prosecution.

The main differences between this case and a collision between two cars is:

1) The huge disparity of speed and manoeverability of the two boats.

2) The existence of Rules for the prevention of collisions at sea

3) The status of someone helming and skippering a boat.

In 1) the situation is more akin to a pedestrian stepping out in front of a car, a drunken pedestrian can and will be held liable.

In 2) I haven't studied the events in detail but I assume they must apply.

In 3) There is no direct equivalent to a "skipper" as regards a car, the person helming a boat is not necessarily responsible for the boat, normally the skipper is. The skipper was presumably the person who decided who would "drive" the boat and hence is responsible for appointing a possibly drunk person to helm. The person helming is however subject to the whim of the skipper and probably could not refuse to helm.

Is a lake the sea? legally speaking.

The case brings into sharp relief the faults of the Amercan (and hence our own) legal system. The corruption of power, employees of the state being prepared to use the law for self advancement and lawyers being yet again the only winners, look at the costs!!! All that money to arrive at a decision a child could make in a few seconds.
 
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Having followed this from the early days; It should be noted that the helm was over the current drink limit, but under the earlier limit. i.e. not very impered. The MB driver was seen drinking in a bar for quite a while before the incident, and his sample was not given over till the next day, plus some amazing memory losses by the law inforcement buddies. also some witnesses found their statements were 'lost' about the lights issue. It beggers belief how they think it won't come out in the e-world.
My wife is a US citizen and is appauled.
A
 
Verdict - Not Guilty

But the power boat driver won't stand trial "The statute of limitations has run out on charging Perdock with the death of Lynn Thornton -- it tolled on the three-year anniversary of the crash in April. The defense and other critics of the District Attorney and the Sheriff's Office say that was the plan all along -- to get Perdock off. "
 
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