I'm not disagreeing with the point that the power boat is at fault, but here in WI, we just had a case where a person who had been drinking (can't remember if he was over or under the limit), hit and paralyzed a teenage girl after dark. Everyone was up in arms about stringing this guy up and making him pay for his sins. Turns out the girl was walking down the middle of the road with some friends and was wearing all dark clothes (read no running lights). The girls friend who was with her, testified that she made no effort to move out of the cars way and 3 other vehicles "almost" hit her before this guy picked her off. The charges for hitting the girl were dropped and the driver was only charged with the drinking offense or inattentive driving or something like that.