Charge dismissed in fatal kayak accident case

i'm pretty sure that a civil suit could still be filed in this case.

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.

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.



Read more: http://www.timesunion.com/news/article/Futile-effort-to-wave-off-boat-557390.php#ixzz1VKfQvxN8

Vessel or not a vessel, this is exactly why my biggest concern is private boaters on the bay or other high-traffic areas. The PB'er in this incident obviously was not paying attention or had severe vision impairment. I hate to suggest more regulation on anything but any idiot can zip around in a PB with no experience or training at all.

As far as CA, I believe the state views kayaks the same as the USCG; that is, a less-maneuverable vessel and therefore having right-of-way.

Again, the legal definition of a kayak makes little difference until the damage is done. It doesn't really matter if you're called a "vessel" or a "log" if the PB never even sees you, or, even worse, runs you down intentionally (which I do not think happened in the above incident). Either way, you're still most likely going to physically messed up. The legal consequences might be different but you may be dead, regardless.

Obviously I wasn't there but the article mentioned the boat was traveling at a slow speed.  There may be more to the story, but it's hard to imagine not being able to scoot out of the way.  One or two strong paddle strokes would be enough.  Maybe they assumed the boat operator saw them and was going to change course?

The lesson imo is to assume boats are going to run you down.  Definitely don't paddle with the assumption you have the right of way, regardless if you do or not by law.

The lesson imo is to assume boats are going to run you down.  Definitely don't paddle with the assumption you have the right of way, regardless if you do or not by law.

Sage advice....I always operate under the assumption that the other guy is gonna run me down whether im behind a paddle or the wheel of my boat.


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The lesson imo is to assume boats are going to run you down.  Definitely don't paddle with the assumption you have the right of way, regardless if you do or not by law.

Yep you nailed it Eric.

The lesson imo is to assume boats are going to run you down.  Definitely don't paddle with the assumption you have the right of way, regardless if you do or not by law.

Yep you nailed it Eric.

I'll 3x or 4x that - always paddles defensively around other vessels . . . in fact, anywhere.

I always have a whistle attached to the zipper of my pfd. when it is zipped up it is inches from my lip and ready for such occasions.

Makes me think now about having an air horn on the kayak at hand.

Makes me think now about having an air horn on the kayak at hand.

yeah, a regular whistle often will not be audible on a power boat underway.

I always carry a whistle and also one of these StowMaster air horns. No air canister so it can't go "dead" as long as you can give it a good...um...blow. 
The thing is pretty d@mn loud. Don't test indoors or near dogs.
http://www.talkofthedock.com/gear-reviews/safety/90-stowmaster-air-horn

BTW, USCG requires us to carry a "Sound Producing Device" - at least a whistle.

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

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

WTF? The USCG Navigation Rules, International - Inland http://www.navcen.uscg.gov/pdf/navRules/navrules.pdf clearly states,

RULE 3
General Definitions
For the purpose of these Rules and this Chapter, except where the context otherwise requires:
(a) The word “vessel” includes every description of water craft, including nondisplacement craft and seaplanes, used or capable of being used as a means of transportation on water;

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.

Since Mr. Peltier failed to notice the kayakers and their raised paddles, he definitely violated Rule 5.

RULE 5
Look-out
Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

According to http://poststar.com/news/local/article_4cc3028e-67a2-11e0-8957-001cc4c03286.html,
Queensbury Town Justice Robert McNally found that the kayak that Donald R. Peltier hit near Elizabeth Island last June 9 was not considered a "sailing" vessel under state law, so Peltier was not required to yield the right of way to it.

Even if Mr. Peltier was not required to give way to the kayakers, he still violated Rules 7 and 8.

RULE 7
Risk of Collision
(a) Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt such risk shall be deemed to exist.

RULE 8
Action to Avoid Collision
(a) Any action taken to avoid collision shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.

Great post, I wonder if the USCG Navigation Rules where brought out during the hearings.

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

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

WTF? The USCG Navigation Rules, International - Inland http://www.navcen.uscg.gov/pdf/navRules/navrules.pdf clearly states,

RULE 3
General Definitions
For the purpose of these Rules and this Chapter, except where the context otherwise requires:
(a) The word “vessel” includes every description of water craft, including nondisplacement craft and seaplanes, used or capable of being used as a means of transportation on water;

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.

Since Mr. Peltier failed to notice the kayakers and their raised paddles, he definitely violated Rule 5.

RULE 5
Look-out
Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

According to http://poststar.com/news/local/article_4cc3028e-67a2-11e0-8957-001cc4c03286.html,
Queensbury Town Justice Robert McNally found that the kayak that Donald R. Peltier hit near Elizabeth Island last June 9 was not considered a "sailing" vessel under state law, so Peltier was not required to yield the right of way to it.

Even if Mr. Peltier was not required to give way to the kayakers, he still violated Rules 7 and 8.

RULE 7
Risk of Collision
(a) Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt such risk shall be deemed to exist.

RULE 8
Action to Avoid Collision
(a) Any action taken to avoid collision shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.

Go ahead and blow your whistles and wave your paddles.  I'll be paddling out of the way.

I hate to compare us to jetskis, but they are both entry level water craft, making it really easy to get on the water with no idea about rules of rightaway, etc...

Any time another vessel is on a collision course with you, the protocol is for one or the other to change course, way before a collision situation.  I am always looking and watching other boats, even when they are far away.  If they don't change course, I do.

If there's so many other craft that this is implausible, then maybe a kayak should be there.

I can't imagine waving a paddle rather than using it for it's intended purpose.  Same for other passive defense methods.

can you imagine the pain the wife is going through. from having fun on the water to loosing the one you love, on the water.
i always have my head on a swivel and assume every car(when biking&driving)) and/or boat is out to get me.

FWIW I didn't mean to sound callous there.  But this topic comes up time and time again, and I imagine newbie lurkers reading and thinking blowing a whistle and waving a paddle is the thing to do when a boat is coming at them...  The correct answer is to not get in that situation to begin with.