The swimmer may have had some or all of the responsibility for where she was
swimming but the boaters bear 100% of the responsibility for going off and
leaving the injured woman to die. Hopefully the jury will show the boaters the
same compassion that they showed the woman they left to die.
Fijimoto is to blame for this accident. She was swimming approximately 300 yards
off shore, in the middle of navigable waters, with no flags, buoys or other
devices to alert boaters to her presence.Swimming that far out in a
lake is akin to playing in the middle of the interstate. You just don't do it.
people swim in Pineview all the time and boaters are supposed to make sure
they're following safety rules.The fact they're trying to blame the
victim is really disgusting. I agree with Rifleman on this issue.
DeltaFoxtrot,She may have put herself into a dangerous situation but
the boaters would be negligent if they were doped up and drunk. Leaving her to
die in the water instead of rendering help only seems to incriminate them.
Re: DeltaFoxtrot | 2:24 p.m. Feb. 16, 2012 "Fijimoto is to blame for
this accident."Assuming you are correct and Fijimoto was to
blame for the accident does that excuse the men to leave her in the water
knowing that she was seriously injured?If a child wanders into the
street and you hit him with your car is it OK for you to leave the scene of the
accident .... or are you expected by law to stay?
DeltaFoxtrot: Correction to your "in the middle of navigable waters".
Esther was swimming within the buoys of a no wake zone. The no wake zones at
Pineview are posted to allow swimming in those areas. Yes, boats are allowed
within that particular area if they are driving slow enough not to leave a wake.
This is often to drop off or pick up people on the beach/shore. Boats
shouldn't be inside that buoy area wihout someone on the boat spotting for
swimmers. Esther was wearing a red swim cap.You can not dispute
these facts: 1. The three guys knew they hit a swimmer with the boat. They
did not call 911 for help or assist the victim. 2. The boaters pulled their
boat out of the water very quickly after the incident (police went to the boat
ramp) 3. The boaters did not turn themselves into authorities when this
incident was headline news or anytime thereafter.You must have ties
to the boater's, otherwise why would you attempt to blame the victim? If you
hit a pedestrian or cyclist with your own automobile, I'm sure you'd drive off
and blame them for being on the "drive-able road".
I don't believe this woman was in wake less waters or the police would have
charged the boaters. If a swimmer is going to test the fringes of an imaginary
fence line then the caution is her responsibility.The boaters did
stop to render aid and had they tried to render aid that no emergency team could
have done in this situation, it could have done her more harm than good. People
are trying to compare maritime laws with driving laws but they don't mesh for
obvious reasons, boating is under the jurisdiction of maritime laws, and
different rules of procedure in boating incident or accident. Impairment by
drugs and drinking is the only criteria with any similarity in cars and boats.
No laws require to carry communications equipment or phones on boats
and there is no established communication on shore to call so that argument even
from the parking lot is moot.The quick get away is also a useless
argument, if a boat is damaged by objects is runs over you don't stick around
and watch it sink, if able you leave ASAP, your obligation is to passengers
This is as disgusting and wrong as trying to claim that the Powell boys were
responsible for their own deaths.
@My2Cents"I don't believe this woman was in wake less waters or
the police would have charged the boaters."Ummm, her location
(within designated swimming buoys) is in the police report. You can read it for
yourself, then you will no longer have to "believe".Also,
she was wearing a bright swim cap. That made her even more visible than what is
required by law."If a swimmer is going to test the fringes of
an imaginary fence line then the caution is her responsibility."Are you serious? That's like saying that if a pedestrian is crossing the
street in a crosswalk but he's not right in the center of the crosswalk, it's
his fault if a drunk & stoned driver hits him. You don't really believe the
stuff you're writing, do you? You're just having fun by stirring the pot and
being a contrarian, right?