Originally Posted by PeterM
Yep..you can be stationery and the boat still takes a battering....
Yes - but if the rib guys could have proven they had addressed bracing etc in their briefing and the accident had happened when stationary then the judge wouldn't have been sat there saying he didn't believe that he was adjusting speed through the waves. Instead the judge may well have been saying 'its a known risk, the skipper did everything he could to mitigate the risk' or he may have said 'you didn't need to go out in those conditions'.
Originally Posted by the_fifer
Your right but we all know what it's like driving in waves. The throttle is on and off regularly and the wave you thought you had read suddenly disappears from under you or breaks early. Speed is dictated by the conditions and the boat and even then we all fall hard sometimes.
The skipper failed to convince the judge he was adjusting speed. Going back to the aircraft industry the question might be can someone prove they were adjusting speed through some black box stuff? I'm guessing a normal GPS trail wouldn't show it as that updates too infrequently so you'd need a record off the engine revs? (Is there a bit of kit to record NMEA2K data to say an SD Card).
Prove you drove as good as can be expected and that you warned people that even with the best driving a hard fall can happen and how to reduce the risk you might also be looking at a different outcome in court.