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Channel Bumper Boats

MagicMan

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Last weekend cruising through the channel came upon 2 boats colliding. Who’s at fault Conquest or Eliminator. Sorry for the crappy video I was pretty hammered on buddy’s boat. I turned off the sound. Looks like the Eliminator suffered a couple holes on the hull.
 
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Ace in the Hole

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Eliminator looks to have entered the line of traffic.. but its a short video 🤷‍♂️
 

azsunfun

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Didn't see registration tags. California drivers.😣
 

Melloyellovector

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If I recall that’s a fairly new eliminator.
conquest solo female driver from video looks to be powering thru dragging down the side of eliminator
the conquest turn around at end w a full throttle blast seems odd too.
I think they’re both members here.
 

C_J_J_C

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I know this isn't a popular opinion here but there is ZERO excuse for OUI and if true it is 100% the OUI's fault no matter what happened. If true, I hope they are criminally and financially held liable.
 

QC22

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Looks like the Eliminator was out of gear to me, and Conquest plowed into her. Also Conquest was give way vessel.
 

RiverDave

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I know this isn't a popular opinion here but there is ZERO excuse for OUI and if true it is 100% the OUI's fault no matter what happened. If true, I hope they are criminally and financially held liable.

100% oui fault no matter what happened.. lol. That sure absolves a lot of responsibility..

Our society is big on removing responsibility in modern times and placing the blame on a villain, even if sometimes the villain didn’t do anything but sit there.. sad state of affairs.

Responsibility should ALWAYS fall on those responsible.. it absolutely matters “what happened” in every scenario.
 

RiverDave

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You couldn’t really say who’s at fault from that video because you can’t see what’s leading up to it..

I wouldn’t “guess” at it either. The way the girl is driving the boat at the end of the video though.. she shouldn’t be driving that conquest.
 

Badchoices03

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That Hallett next to you seems to be moving a bit fast as well, maybe he wanted in on the bumper boat action also...lol
 

JFMFG

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Can’t tell from the video but I’m pretty sure that eliminator is brand new.
 

28Eliminator

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My moneys on the conquest for fault, but the fact that the guy in the Eliminator seems awful calm about it seems suspect.
 
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2Driver

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At 8 seconds the conquest gassed it forward toward the Eliminator, why? Perhaps she got confused with reverse?

Later the girl (at 43 seconds) in the Conquest, for no apparent reason, hits the throttle a little abruptly trying to turn the boat. That’s not the throttle control you’d expect in the channel with an experienced driver, but who knows, it’s a bit hard to pass judgment for certain
 

Racey

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Last weekend cruising through the channel came upon 2 boats colliding. Who’s at fault Conquest or Eliminator. Sorry for the crappy video I was pretty hammered on buddy’s boat. I turned off the sound. Looks like the Eliminator suffered a couple holes on the hull.
View attachment 1156769

Eliminator is on the Starboard and is the stand on vessel who has the right of way. Conquest is on the Port and must give way. Bow of the conquest hits the port side of the Eliminator further exacerbating fault.
 

Mcintyrelocal

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100% oui fault no matter what happened.. lol. That sure absolves a lot of responsibility..

Our society is big on removing responsibility in modern times and placing the blame on a villain, even if sometimes the villain didn’t do anything but sit there.. sad state of affairs.

Responsibility should ALWAYS fall on those responsible.. it absolutely matters “what happened” in every scenario.
Due Process👍
 

was thatguy

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That’s a ridiculous statement.

No it is not.
AZ is a “negligence per se” State.
That can work both ways in a DUI that results in an accident where the DUI driver did not cause an action that led to the accident…theoretically.
But just being impaired behind the wheel or at the helm will offset any causation/ responsibility by the other driver or operator.
In other words, you never should have been driving in the first place, so you are going to absorb some or all of the blame, legally, because you broke the law first…negligence per se.
My opinion, and your opinion, and pretty much anyones opinion does not matter. That’s the way it will play out in court. You’re impaired you are going take that hit, for the most part.
 
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boatnam2

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What ever happened it started before the video did so everything is a guess, just the fact the lady isn't looking to go in reverse or look back is weird.
 

coolchange

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No it is not.
AZ is a “negligence per se” State.
That can work both ways in a DUI that results in an accident where the DUI driver did not cause an action that led to the accident…theoretically.
But just being impaired behind the wheel or at the helm will offset any causation/ responsibility by the other driver or operator.
In other words, you never should have been driving in the first place, so you are going to absorb some or all of the blame, legally, because you broke the law first…negligence per se.
My opinion, and your opinion, and pretty much anyones opinion does not matter. That’s the way it will play out in court. You’re impaired you are going take that hit, for the most part.
Kind of like drag racing, first loser.
 

was thatguy

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Kind of like drag racing, first loser.

Kind of.
If you look it up the example they like to give is like speeding in a school zone.
AZ State law is 15MPH in posted school zones.
If you are doing 20 MPH and a kid gets shoved off the sidewalk and you hit him it is 100% automatically your fault.
Why? Because you were doing 20 in a school zone. “Negligence per se”.
Argue all you want, you wont win.
DUI and OUI are worse.
You will have virtually no successful argument because you were already committing a criminal offense just by driving…IF you are in fact over the limit. Any impairment will shift all or most of the responsibility onto you.

The easiest way to confirm this is to ask your insurance carrier.
But I wouldn’t recommend starting with “So I got an OUI when I hit that guys boat, but it wasn’t my fault…”
 

Javajoe

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I think it should be the fault of whoever has the higher BAC 😁
 
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02HoWaRd26

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I saw a few other videos as a buddy was parked right there, and the female driver of the Conquest is beyond hammered from what you can see, and that was with herself and the officers doing the tests on her.
 

was thatguy

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100% oui fault no matter what happened.. lol. That sure absolves a lot of responsibility..

Our society is big on removing responsibility in modern times and placing the blame on a villain, even if sometimes the villain didn’t do anything but sit there.. sad state of affairs.

Responsibility should ALWAYS fall on those responsible.. it absolutely matters “what happened” in every scenario.

It really isn’t a “modern times” paradigm.
Or a “society” searching a villain.
Since 1980 (MADD is formed) cities and states have recognized that DUI, DWI, OUI is a tremendous revenue stream. This is because impairment is a real thing, and the efforts of crusaders have pushed it to the top of revenue generation. Frankly, Joe drinking public makes it easy.

Hey, I’m not preaching here, I got my DWI in the absolute worst place in the country at the absolute worst time. The year 2000 in Anchorage, home of the most stringent DWI laws in the nation at that time. I got the bare minimums and it still cost me at least $20K and 3 days in jail.

It isn’t a witch hunt, it’s a real thing…regardless if any of us here believe otherwise.
It doesn’t take a big search to uncover the facts that make it so easy to blame drunk or impaired driving/ operating. Impaired drivers/ operators are involved in a staggering % of accidents and fatalities regardless of circumstances.

Here’s the basics. I’m not a lawyer so my vocabulary may not be 100% accurate.
If you are operating a vehicle or watercraft at a BA over your state or city limit you are in fact engaged in a criminal act in most states.
In AZ the law enforcement agencies fall under “DPS” that’s the Department of Public Safety.
Dui and Oui are criminal activities that are specifically written as endangering public safety.
They aren’t simple citations. That why you get handcuffed and taken to jail.
Because you are engaging in criminal activity basically all bets are off from that point.
If you get a DUI or Oui you WILL LOSE your insurance coverage for at least 3 years, and it would be a miracle if your carrier covered anything at all regarding any damages sustained by any party in the incident when you had your dui/ oui.
“But I was just sitting there not even moving, my engine wasn’t even running!!”
Does NOT matter. You will be drug through the fire. It is ALL your fault.

During my 3 year navigation of post DWI era, not a single word was ever mentioned about the damage I could have caused, the danger I put people in, the possible lives I could have ruined.
The only discussion from courts and the endless court ordered, costly, requirements was dollar amounts.

I invite the membership to now flame away, call me names, preach about how it doesn’t affect them, it won’t matter.
If and when they put the bracelets on you it will all be clear.

I mean, the membership will post pages of prayers for any child killed by a drunk boater, and call for the killing of the perp and their immediate family…and in the next breath will lament the closing of a waterfront bar that has sent thousands of OUI candidates out onto the water.

At some point one has to decide.
 

28Eliminator

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No it is not.
AZ is a “negligence per se” State.
That can work both ways in a DUI that results in an accident where the DUI driver did not cause an action that led to the accident…theoretically.
But just being impaired behind the wheel or at the helm will offset any causation/ responsibility by the other driver or operator.
In other words, you never should have been driving in the first place, so you are going to absorb some or all of the blame, legally, because you broke the law first…negligence per se.
My opinion, and your opinion, and pretty much anyones opinion does not matter. That’s the way it will play out in court. You’re impaired you are going take that hit, for the most part.

Absolutely, YES it is.

The attitude that anyone who has had a drink is 100% at fault and responsible regardless of ACTUAL physical fault is ridiculous and absurd. Could they be? Absolutely. But are they 100% at fault just because of the presence of alcohol… Absurd.

Legal interpretation of fault and actual fault are 2 very different things.
 

was thatguy

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Absolutely, YES it is.

The attitude that anyone who has had a drink is 100% at fault and responsible regardless of ACTUAL physical fault is ridiculous and absurd. Could they be? Absolutely. But are they 100% at fault just because of the presence of alcohol… Absurd.

Legal interpretation of fault and actual fault are 2 very different things.

Legal interpretation is all that matters.

Read closer.
I said “absorb some or all”.

Are you an insurance broker?
You live in CA?
CA is not a negligence per se State.
It is a comparative negligence state.
Totally different animal.
Know your laws.
It isn’t me you have to convince anyway.
Tell it to the judge…I’m sure he or she has never heard it before…

When you are committing a crime you are not protected by traffic laws.
And the fact is that driving under the influence is in fact a criminal act…even in CA.
It’s not a felony, until you kill someone, but it is a criminal charge.
So the reality is that yes, you are assuming a lot of liability in the commission of that crime. Regardless of who crashes into you (unless they are drunk as well)!
 
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SOCALCRICKETT

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Not to beat the dead horse but to me it never made sense to drink on the water. If it's my boat that gets taken out that day then I know it will be a dry day for me. Between my 17 years as a paramedic being on scene of the aftermath and having a 2 year old son in the boat, the risk vs reward equation never added up. Let me honest, it sucks sometime when everybody has a cold one and I get to play the role of the kid in the corner of the high school dance.

Guess what I'm trying to say is that with as much as I have on the line with my family, others families, the vehicles and even my career I never understood how that was all worth gambling for a little drink, I wait till we are off the lake and back at the house sitting in the pool before I crack a top
 

was thatguy

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Not to beat the dead horse but to me it never made sense to drink on the water. If it's my boat that gets taken out that day then I know it will be a dry day for me. Between my 17 years as a paramedic being on scene of the aftermath and having a 2 year old son in the boat, the risk vs reward equation never added up. Let me honest, it sucks sometime when everybody has a cold one and I get to play the role of the kid in the corner of the high school dance.

Guess what I'm trying to say is that with as much as I have on the line with my family, others families, the vehicles and even my career I never understood how that was all worth gambling for a little drink, I wait till we are off the lake and back at the house sitting in the pool before I crack a top

I take 3 beers for me, and a bunch of waters.
I know my posts sound preachy, but the reality is that I’m more of a cautionary tale.
Yes, I have a couple beers while boating. But at 61 YO I know what it takes to put me over.
I’ve blown a few times at .04 or whatever. Am I open to impairment charges? Yes.
That’s MY decision. But the reality is that, although a joke was made about it earlier, I’m more sober than most!
 

DarkHorseRacing

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I’ll take it a step further. My boat, it isn’t just me that is dry but everyone else is too. No exceptions to alcohol on the boat, but my passengers are free to drink when they get off or go to lunch with me and drink there.

I’m descended from alcoholics so while I’m sure it’s a bit harsh, I don’t think alcohol and fun mix with anything that has a motor.

Now if I’m on someone else’s boat, they and the other passengers can drink like fish if they want to. I just won’t be comfortable with it.

The other half of my family start the light beer drinking at like 10am and drink all day while we are out on Mohave. I’ll only drink when I get back to the hotel, but I’ll still have fun on the lake.

And since I’m at it, no cigarette smoking on my boat either. Do it elsewhere. I had an unknowing chick hold her cigarette once right next to the tank vent. Miracle we are all around to tell the tale.
 
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