Charge dismissed in fatal kayak accident case

"The Navigation Law clearly states that a kayak is not a vessel"

http://poststar.com/news/local/article_4cc3028e-67a2-11e0-8957-001cc4c03286.html

More:

http://www.timesunion.com/news/article/Futile-effort-to-wave-off-boat-557390.php

LAKE GEORGE -- The driver of a motorboat charged in the crash that killed a Troy man who was kayaking on Lake George never saw the smaller vessel before striking it, Warren County Sheriff Bud York said Thursday.

Newlyweds and recent retirees Peter G. Snyder and Bonita Hagan, both 63, were out for a paddle on Wednesday -- Snyder in a blue kayak and Hagan in an orange kayak. When the wind picked up, they turned for their home in Cleverdale. Neither wore life jackets.

The kayakers put their paddles up in the air in a futile attempt to turn away the boat, driven by Donald Peltier, 73, of Queensbury.

The impact of the 12:45 p.m. crash left Snyder with five severe cuts to his face and neck. Hagan tried desperately to keep her husband from sinking, clinging to his ear and hair in the 66-degree water. Peltier jumped from his motorboat in an unsuccessful attempt to help, but Snyder slipped from Hagan's grasp.

Snyder's body was discovered about 7:30 p.m. in 53 feet of water.

An autopsy conducted at Albany Medical Center by Dr. Michael Sikirica revealed Snyder died due to drowning after multiple propeller injuries to his head and a neck fracture, the sheriff's office said.

Police found blue paint from Snyder's boat on the bottom of the motorboat, a 22-foot Key West with a 225-horsepower Honda outboard motor.

Peltier was charged with a misdemeanor for reckless operation, which carries a penalty of up to a year in jail and a fine of $200. No other charges will be filed, York said. Peltier is scheduled to answer the charge at 9 a.m. June 28 in Queensbury Town Court.

Peltier told police he had 50 years of boating experience but would never go boating again, York said. No evidence of alcohol consumption was found after the driver was tested, the sheriff added.

Snyder's drowning is the second in Lake George in two weeks. Stephen Canaday, 49, of Albany died May 31 after his canoe capsized in the wake of a motorboat.

John Brothers, a Queensbury resident and former president of the Lake George Association whose first boat ride on Lake George was in 1936, rejected the idea Snyder and Hagan were at fault in the crash.



Read more: http://www.timesunion.com/news/article/Futile-effort-to-wave-off-boat-557390.php#ixzz1VKeeW8cn

That is unfortunate and sad incident. I guess a swimmer would not have right of way as well since they are not a recognised vessel. I do feel from reading the article some of the blame lands squarely on the Yak-er. Drown and not wearing a jacket. Hopefully this will point out some deficiencies in the code and there will be some thought out changes.

I dunno. I see this as opening a slippery slope of "recognized" vessels. Onve kayaks are held to same standard as sailing vessels, here come your fees and regulations big time. And even if this was all in place, I doubt the outcome of this story would have changed except for the PB driver getting some sort of punishment.

better than some sort of after-the-fact legal defense, it seems the victim would have been better served by a bright colored kayak and by wearing a PFD.

sad story all around.

PFD PFD PFD PFD... It just goes without saying.... With one, he could have kicked the guys butt back on shore... Without, dead no response... Sad to hear, but was a likely outcome without a PFD...

PFD PFD PFD PFD... It just goes without saying.... With one, he could have kicked the guys butt back on shore... Without, dead no response... Sad to hear, but was a likely outcome without a PFD...

+1

PFD PFD PFD PFD... It just goes without saying.... With one, he could have kicked the guys butt back on shore...

PB runs over yak = major trauma (head, blunt force).  Victim was mid 60's.  PFD or no, only thing he'd be lucky to kick after such collision is sky high medical bill.

 

There's always a civil wrongful death claim.  PB Owner = $$, assets, insurance policy.  Personally, i hope they nail the f'er - dude kilt someone!

I guess a swimmer would not have right of way as well since they are not a recognised vessel. I do feel from reading the article some of the blame lands squarely on the Yak-er. Drown and not wearing a jacket.

I just cannot believe the a-hole that runs over anything, vessel, dog, swimmer, whatever has the gall to find some technical BS to save his sorry ass.  Karmas a bitch.

Okay this brings up what if any chargers were presented against the boat owner who ran down the guys who were fishing off Oyster point recently.  One man died, so what is California take on this, are we or are we not vessels ? 

Okay this brings up what if any chargers were presented against the boat owner who ran down the guys who were fishing off Oyster point recently.  One man died, so what is California take on this, are we or are we not vessels ?

the victim at OP was aboard a boston whaler = vessel. 

Ridiculous.  Obviously a case of letter of the law overshadowing intent.  The swimmer is a good analogy.

I am not a legal expert and found the attachement from the California Department of Boating and Waterways (DBW) website.  It clearly recognizes kayaks as:

A small, human-powered boat, typically with a closed deck, and a cockpit covered by a spray skirt.
Kayaks are propelled by a doubleblade paddle, and are usually designed for one or two people, who sit facing forward. Kayaks are made from a wide range of materials (wood, cloth, fiberglass, and plastic). There are a number of specialized types of kayaks with varying shapes, sizes, and structures. Kayak types include whitewater, surf, sea, inflatable, fishing, crabbing, surfski, playboat, and scuba diving.

I am always concerned about ignorant private boaters who don't slow down and send their wake towards us yakkers.  I've nearly capsized a few times. Looks like we yakkers are recognized as Non-Powered Boats in CA.

Oh Scheiße!  I guess us hobie mirage pilots aren't on vessels since we rely primarily on propulsion means other than "a double blade paddle"   

Absolute load of crap!!!!!
That gives anyone in a PB open season to start running kayaks and swimmers over at will.
Ooops, sorry, not my fault, it's not a vessel.
BS!

Does this mean I need to start carrying a flare gun or 45 cal. for protection ?