Quote:
Originally Posted by Gallivanters
In my opinion - it usually takes two captains to have a collision at sea.
But all things being equal, the vessel pictured is at fault primarily due to the fact that they did not give way to the vessel on their stbd side in a crossing situation... as clearly evidenced by them getting t-Boned on their stbd side.
Kirk
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Ah, Kirk, so right you are. In but a very few occasions can a collision be deemed to be the fault of one ship alone. As a third officer, I was officer of the watch on a cargo ship when she was struck on the starboard side by another vessel. At the enquiery, I was exonerated from all blame as the ship I was on was berthed alongside a quay in Willmington and working cargo at the time. How did it ever get so far as an enquiery I wonder?
Nonetheless, if two vessels, both under way, are involved in a colision the blame is usually atrubuted in parts to both vessels. The vessel which is required by the rules to give way may be attributed with 80% of the blame but the stand-on vessel will also be awarded the remaining proportion of the blame, especially if the look-out has been lacking, she did not show correct and adequate navigation lights, she did not indicate in sufficient time to the stand-on vessel that any action taken to avoid collision was not ample and in good time and she did not take such action as would best aid to avert collission.
Of course I am guessing here but the fact that such a colission occured indicates to me that the yacht's look-out was inadequate.
Aye // Stephen