Agreed. I think a major part of the case will be about whether the sailboat did or did not have the running lights on. It matters.
yup , as to the Running Lights
I did sailboat deliveries in my youth { early to mid ‘70s } from NYC area to FLA and back ( West Palm , Miami , Ft Laud ) ,.. and we’d “run dark” off South Carolina , Georgia and northern FLA because of piracy { true } and we were well armed
oddly enough , .. the Close Call was in the IntraCoastal , in The Virginia Cut on a warm , sunny October afternoon
but , I digress , .. running lights are a must on small bodies of water with mucho traffic , ... . we kept high-powered flashlights in the cockpit , to shine on our sails ( we’d look like an outdoor movie *chuckle* ) , and of course , the spreader lights