SailNet Community - View Single Post - who had right away?
View Single Post
  #48  
Old 11-01-2012
denverd0n's Avatar
denverd0n denverd0n is offline
Senior Member
 
Join Date: Jun 2008
Location: Tampa, FL
Posts: 898
Thanks: 0
Thanked 18 Times in 18 Posts
Rep Power: 7
denverd0n is on a distinguished road
Re: who had right away?

Quote:
Originally Posted by jackdale View Post
Marine accidents tend to have shared responsibility.
Tend to? More like, almost always. Why? Because no one has "right of way" in this situation (and certainly not "right away").

There is a "give-way" vessel, and there is a "stand-on" vessel, but in the end BOTH have the responsibility to avoid a collision. If you "stand-on" all the way into a collision, when you could have done something to avoid it, then you are just as much at fault as the "give-way" vessel that didn't.

I think that too many people believe this is like driving a car, and that if they have "right of way" then any accident that happens is going to be considered the other guy's fault. Nope. Doesn't work that way. Not even close.
Reply With Quote Share with Facebook