On may 25, 2013 at approximately 12:30pm in swearing creek on high rock lake in davidson county nc, 2o motor boats were involved in a collision.  Vessel 1 was traveling north on swearing creek up on plane at an approximate speed of 40-45 mph with 4 people onboard, all wearing PFDs.  Vessel 2 was traveling south on swearing creek at approximately 5-10 mph. 

The operator of vessel 1 stated this was the first time the boat had been out on the water this year.  He had just put the boat in the water at the private boat ramp and was going to go north in swearing creek to make sure everything was operating correctly.  He stated he was checking the different mechanical gauges for the engine which included the oil temperature, rpm, and water temperature gauges.  As vessel 1 was heading north in swearing creek, the operator observed a pontoon boat in front of him.  He stated that there were no other boats around him or in front of him besides the pontoon boat he saw.  He saw the pontoon boat as it was just coming around the bend before the white and orange danger buoy.  The operator of vessel 1 could not give an exact distance on how far vessel 2 was when he first observed it.  

He was traveling north on the right side of the creek and was going to go around a white and orange danger buoy keeping the buoy on his starboard side.  The operator stated that he looked down at his mechanical gauges, looked to the right, to the left, and when he looked in front of him, he saw vessel 2 directly in front of him.  He attempted to turn right to avoid vessel 2, but collided bow to bow.  As the collision occurred, vessel 1 became airborne as it traveled across the bow and deck of vessel 2 striking 3 passengers on board vessel 2.  

After the collision with vessel 2, vessel 1 operator stated he made sure he and his passengers were okay.  They were no physical injuries to anyone on board vessel 1.  Vessel 1 came to rest at approximately 20-30 yards away from vessel 2 after the collision.  The operator of vessel 1 then heard people yelling about a woman that was in the water.  He then jumped into the water with a life jacket and began to look for the woman.  

The operator of vessel 2 was headed south on swearing creek.  He stated they were taking a short boat ride down to linwood-southmont bridge and back.  He was in the middle of the creek and had just passed the white and orange danger buoy on his port side.  He could hear and see a yellow boat coming north on swearing creek.  At this time, the operator of vessel 2stated that vessel 1 was approximately 200-250 yards away from his boat heading straight towards him.  He also stated that vessel 1 was not completely on plane and that his bow was tilted up.  The only thing he could see was the operator's head above the windshield on vessel 1.  Vessel 2 then began to turn slightly to the right.  Vessel 1 continued coming straight at vessel 2.  The operator of vessel 2 stated that vessel 1 was approximately 75 yards away from him.  Vessel 2 began to blow his horn to get the operator's attention of vessel 1.  Vessel 2 then began to turn to the left to try to avoid getting hit by vessel 1.  At the moment before impact, the operator of vessel 2 saw the operator of vessel 1 turn to the right at the last second before the vessels made contact.  After the vessels made contact, the operator of vessel 2 asked the operator of vessel 1 what was he doing and why didn't he see them?  The operator of vessel 1 stated "i was looking at my gauges, i was looking at my gauges."  multiple witnesses stated that they could hear the operator of vessel 1 stating that he was looking at his gauges and he didn't see the passengers were sitting with one another on the front left side of vessel. At this time, the operator of vessel 2 was reaching for passenger 1 when they both fell into the water.  When vessel 1 struck vessel 2, there were 3 passengers on vessel 2 that were struck by vessel 1.

Passenger 1 was wearing a u
SOUTHMONT