There was a fatal boat collision on San Diego Bay Sunday December 20, 2009. A 33 foot Coast Guard vessel collided with a smaller 20 foot recreational vessel. According to reports, there were 13 people aboard the smaller vessel.

U.S. Coast Guard Vessel Collides with Recreational Vessel During San Diego Bay Parade of Lights




Boat Accident - San Diego Bay - Coast Guard Vessel Collides with Pleasure Vessel

There was a fatal boat collision on San Diego Bay Sunday December 20, 2009. A 33 foot Coast Guard vessel collided with a smaller 20 foot recreational vessel. According to reports, there were 13 people aboard the smaller vessel. The collision occurred during the San Diego Bay Parade of lights.


Navigational Rules Analysis

The Rules of the Road (also known as Inland Navigational Rules) apply to vessels on the San Diego Bay. Although much is not known about the collision here are a few Navigational Rules which may apply to this collision. First, a vessel in navigation should never collide with an anchored or non- moving vessel. Second, the anchored or non-moving vessel may have been required to have lights.

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.

Comment:

There is a serious question concerning whether the Coast Guard vessel violated the Look Out Rule. Why did the Coast Guard boat not see the pleasure boat?



Rule 6 SAFE SPEED

Every vessel shall at all times proceed at a safe speed so that they can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.

In determining a safe speed the following factors shall be among those taken into account:

(a) By all vessels:

1. The state of visibility;
2. The traffic density including concentrations of fishing vessels or any other vessels;
3. The manageability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;
4. At night, the presence of background light such as from shore lights or from back scatter from her own lights;
5. The state of wind, sea and current, and the proximity of navigational hazards;

Comment:

Having been to many Christmas Parade of Lights (having attended again this year); one thing is very clear. There are many, many different vessels in the water. Travelling at high speeds during the Boat Parade is exceedingly risky.



Rule 30 ANCHORED VESSELS

(a) A vessel at anchor shall exhibit where it can best be seen:

1. in the fore part, an all-round white light or one ball;
2. at or near the stern and at a lower level than the light prescribed in subparagraph (i), an all-round white light.

(b) A vessel of less than 50 meters in length may exhibit an all-round white light where it can best be seen instead of the lights prescribed in paragraph (a) of this Rule.
(c) A vessel at anchor may, and a vessel of 100 meters and more in length shall, also use the available working or equivalent lights to illuminate her decks.

(d) A vessel aground shall exhibit the lights prescribed in paragraph (a) or (b) of this Rule and in addition, if practicable, [Inld] where they can best be seen;

1. two all-round red lights in a vertical line;
2. three balls in a vertical line.

(e) A vessel of less than 7 meters in length, when at anchor not in or near a narrow channel, fairway or where other vessels normally navigate, shall not be required to exhibit the shape prescribed in paragraphs (a) and (b) of this Rule.

Comment:


It is unclear whether the 20 foot recreational vessel was anchored or stopped. And it is unclear what lights the pleasure boat was running, if any.

Making Sense Out of This Tragedy

A detailed Rules of the Road Analysis still needs to be performed. And there are facts and circumstances which must be determined. However, it appears that there may be a question of whether the Coast Guard vessel violated Rule 6 - Safe Speed Rule and Rule 5 Look Out Rule.

Once more information is known a more detailed Rules of the Road analyis can be conducted.

In the meantime, our prayers are for the boy and the families involved in this tragedy.

Bill Turley - Boat Collision Lawyer


Bill Turley is a Proctor in Admiralty. He has been practicing Maritime Law (i.e., the Law of the Sea) since 1986. Bill is considered the Dean of the Maritime Bar in San Diego. He has been handling high profile boat accidents and ship accidents since the 1980's.




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