There is no doubt about which vessel was burdened, but which of them had the last chance to avoid the collision? Not so clear. My own Rules of the Road are (1) always get out of the way early, and (2) always get out of the way of a bigger boat even earlier. You don't want to "win" some legal argument and spend the next few years getting your boat, or your body, repaired.
I would also wonder if either boat was operating on autopilot when this collision took place. I see big boats on the Chesapeake all the time operating on autopilot, even in congested areas. I had a close call with such a boat a few years ago. I turned away early, blew my horn 5 times, and the so-called operator (I won't call him "captain"), poked his head up from the lower cabin to find out what all that noise was about....Scary stuff.
