Re: Hopin' This'll Buff Out
I must preface this post with letting you know that I am thankful nobody was seriously hurt or killed in this accident. The good Lord was definitely watching out for both of you!
And, I want to clear something up - the ASSUMPTION by some here that I was somehow negligent for enjoying a good read and soaking up some sun. Well...
Allison Creek is a two mile long tributary to the main part of Lake Wylie, I had gone to the very limit of it; in other words, two miles from the main part of the lake to boldly try and relax for a little while after fishing for a couple of hours. Would you be placated if I was repairing a damaged anchor rope, or re-rigging a broken line from a snag, or possibly having the nerve to jump in the water to relieve myself, huh? Which one of these respites qualifies as having a death wish?
Sheesh, Really? This guy almost (within a millimeter or so) killed me! I don't have a right to a 16 by 6 foot piece of a 13,000 acre lake without attempted murder visited upon me?
Your callousness is shocking...
I will feel the wrath of all for this, but....
Don't be surprised if the insurance company assigns a percentage of fault on you, decreasing the settlement amount.
Their arguments will be that A) you were engaged in recreational activity in a marked channel (main channel or not, it's still a channel), obstructing traffic (also read as creating a hazard to navigation) B) you weren't keeping a proper watch while underway.
There have been many threads written, along with laws in all 50 states about using marked channels for purposes other than travel (ie fishing, swimming, tubing, waterskiing, and yes, even reading). Because it wasn't the 'main channel', you feel it was ok. So with that logic, is it ok to put my lawnchair out in the street and read a book? Hey, it's a side street. What you talk about above are emergency situations (except the potty break). When a boater break down in a channel, along with attempting repairs, etc., they will still (typically) keep an eye open for other boats, and try to wave them off or signal in some manner to alert the oncoming vessel. You were aware of an approaching vessel, were able to assess a high rate of speed by the engine sound, but you "Didn't even look up". Maritime law requires all vessels to do whatever they can to avoid a collision. Remember, you were underway, (not moored, anchored, or aground) which can make a tremendous difference from a legal standpoint.
It really, 100%, without question, undeniably SUCKS that this happened to you , and your boat you put so much of yourself into. Don't read my post as a negative or an assumption of callousness. Read it with an open mind, and try to learn from it. Be thankful that you have the opportunity to even be here and read these posts. It's too often we read about a boater who has joined Neptune, and there isn't a soul alive that isn't glad you weren't one of them.
