When everyone thinks they have the right of way

This exact thing, including size & direction, happened to me & my wife on a snorkeling sail during our honeymoon in Aruba 20+ years ago. We booked a sailing/snorkle excursion on a "Pirate sailboat". During the trip out to the wreck we were snorkeling over they ran under power. We anchored for several hours while using a swing rope to jump into the water & swim. The Rum Punch was flowing freely for all to partake. I beleve the captain & mates were imbibing a bit as well. On the return trip we were under sail power & I was watching a smaller sailboat off to our starboard approaching on a collision course. Much like the man on this video I started shouting to the captain but, his back was turned as he & his mates were engaging a young group of bikini girls. Between the reggae music blasting & the rum punch imbibing, he did not hear, or acknowledge my pleas. So, we hit the small boat sticking our pulpit right through his main sail, snapping the mast & knocking the occupants into the water. Well, that finally got the crews attention & the look on their faces was priceless, much like the bikers in "A Bronx Tale" when Sonny locks the door & says:
"Now yews can't leave"! :cool::D
 
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So let me ask this? Will try to keep short as I can.
Last night watching Forensic Files at 2am, about one boat hit another on Cayuga Lake in upper NY. At night. Both 21 bowriders, one ran over the other at night. Hit boat driver killed instantly, passenger girl lost arm from the prop as the hitting boat went over the other. Forensics found the hitting boat arrested the driver. Driver and his buddy passenger said they knew they hit something but went around and couldn’t find anything in the dark moonless night.
driver got 4 years.
Now the punch line…
The hit boat was drifting with NO lights on, engine off, in a boating channel, on a dark moonless night. I think the guy got screwed getting 4 years in prison.
What say you?
If there is no other important 'facts' then I feel he got screwed too. The protection proper lighting gives is for both boats. When it's pitch black the main thing, usually the only thing, that shows the presence of another boat is the lights. The dead guy is darn lucky he didn't kill someone in the other boat. In fact I'd guess that if the death and injury were in the other boat instead there would be full agreement that the unlit boat was at fault and the cause.
 

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