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post #56 of Old 03-07-2013
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Re: Close call! Who had rights?

Originally Posted by CapnBilll View Post
If you are in a collision, and your engine was running, and you didn't use it, I wouldn't want to be in your shoes.
Yes. It is well to remember that, unlike car accidents, maritime accidents almost ALWAYS end up with the blame being shared. That is because the one rule that over-rides all the others is, if you CAN avoid an accident, then you MUST! Just because you are the stand-on vessel doesn't mean that you can sail right into an accident and it will be the other guy's fault. You are going to get a significant portion of the blame if you had any opportunity to avoid the accident and you didn't take it.

And it wouldn't hurt to take this opportunity to remind everyone that you don't have "right of way" in any circumstances. That is a concept from driving, not maritime law. There is a "stand-on vessel" and there is a "give-way vessel," but BOTH bear responsibility to try to avoid an accident.

Last edited by denverd0n; 03-07-2013 at 02:21 PM.
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