Peninsula Daily News
and news sources
SEATTLE — A Chimacum man will seek reimbursement of medical costs and money to replace his sailboat after a state ferry destroyed his boat and injured him.
The Sept. 13 collision between the 2,700-ton state ferry Hyak and the 25-foot Taysa sailboat owned by Jack Gray, 68, of Chimacum sank the boat and left Gray still under a doctor’s care, according to his attorney, Terry McGee of Seattle.
The collision in the San Juan Islands was caused by human error by crew members on the ferry Hyak, the state ferries system said last week.
“The ferry system has done a very conscientious job of trying to evaluate the cause of the accident,” McGee said.
“They have invited us, after we read this report and other materials, to come in and sit down and talk about the report and our claim.
“Both sides hope we can resolve this without having to get into a lawsuit.”
McGee said the two parties would meet “pretty soon,” a matter of weeks, not months.
He didn’t know last week how much money Gray will claim is owed to him.
“I’m waiting on get an understanding from his medical treatment providers that he is stable and resolved . . . he is still hurt,” and is recovering at home, McGee said, declining to go into more detail about Gray’s injuries.
McGee also said that he had not yet determined the value of the Taysa.
“The sailboat was an unusual type,” he said.
The boat, which he estimated to have been about 20 years old, was built in England.
“It’s not like you can go out and price them, because they aren’t around.”
Gary is retired from a career with the state Department of Social and Health Services and so “he doesn’t have lost earnings,” McGee said.
Washington State Ferries’ investigation found that the collision was “avoidable,” and that the Hyak had adequate time, equipment and sea room to avoid the crash, according to the Kitsap Sun.
The Hyak was traveling from Lopez Island to Orcas Island when it struck the Taysa, crushing the pilot house where Gray was standing.
Nearby boaters rescued Gray and his terrier, the Kitsap Sun said. The Taysa sank in 250 feet of water.
Gray was checked for hypothermia and chest pain at a Friday Harbor hospital.
The Hyak was required to stay out of the way of the sailboat, which was under motor power, as it overtook the craft form behind, but the captain didn’t slow down soon enough, the state report said.
Weather, visibility, tides and currents weren’t factors, nor were alcohol or drugs, and the crew wasn’t fatigued, the report said.
“The root cause of this incident was human error due to loss of situational awareness,” it said.
The Coast Guard is conducting a separate investigation, which has not been completed, Lt. Cmdr. Darain Kawamoto of the Marine Investigation Department of the Puget Sound sector told the newspaper.
“We conducted a thorough and detailed investigation into what happened and why,” Washington State Ferries Director David Moseley said. “We’re now shifting our focus to making improvements to prevent future incidents.”
Recommended are a bridge team management training program, refresher training for officers in charge of navigational watches, installing voyage data recorders, incorporating into policies and procedures the duties of newly assigned second mates on Super Class vessels like the Hyak, and reviewing the qualification process for quartermasters.
For this trip, Capt. Patricia Whaley was in charge of the navigational watch and Second Mate Kirsten Hervey, who had been with the state ferries system for nine months, was at the helm.
At 1:38 p.m., Hervey told Whaley the Hyak was getting close to the sailboat and the captain told her to “come left and blow the whistle if you feel it is necessary.”
Hervey put the rudder to starboard instead of port for about four seconds, the Kitsap Sun said. Then she realized her mistake and went full left rudder.
Seeing that, Whaley ordered the engines full astern and took the helm from Hervey before hitting the sailboat.
Both women were placed on paid administrative assignment.
The report said Whaley relied solely on the radar, lost track of the Taysa, didn’t follow the navigation rule for overtaking, and gave a late and nonspecific rudder command.
Hervey understood the command but applied the rudder in the wrong direction.
The report has been referred for further review to the director of operations and human resources, where any disciplinary action would occur.
