RedactedNarrative: Operator of Vessel #1 stated to the effect: I was heading north in Barnegat Bay to the Rt 37 Toms River Bridge to return to Baywood Marina in Bick Twp. My son and other family members began to yell and then I was hit on my rear starboard side by another boat. 
  
  Vessel operator #2 stated to the effect: I was going south and the other boat was heading west. I went hard right to avoid the collision, but we hit. 
  
  witness 1 statement: I was sitting behind my father, who was operating our boat, on the rear Starboard side. I saw another boat was headed right for us. I began to yell because the operator of the other boat was looking down and did not see us. When he began to hear me, he attempted to turn his boat but it was too late and he hit our boat causing damage. 
  
  Investigation Revealed: Vessel #1 and vessel #2 were both underway, cruising north in Barnegat Bay, in the area of the northern section of Island Beach State Park. Vessel #1 was on a steady course heading north. This was confirmed by viewing Vessel #1's on board navigation system, which was verified, via track marks, that Vessel #1 's course was not altered. Vessel #2 attempted to avoid vessel #1, but could not do so in time and Vessel #2's port side impacted the rear starboard of vessel #1 causing damage to vessel #1 gunwale and rupturing the starboard aluminum pontoon. 
  
  Based on both operators statements, physical evidence observed on scene, it was determined that as per rule 5 of the Navigation Rules of Inland waters, the operator of vessel #2 failed to maintain a proper look out and observe Vessel #1, subsequently Striking Vessel #1. 
  
  The drawing for this accident clearly shows that vessel #2 was overtaking Vessel #1. 
  
  07/10/2014 
  On this date, the investigator continued the investigation due to Operator #2's statement not being consistent with damage observed. Operator #2 provided a second statement. 
  Vessel operator #2 stated to the effect: I was going North and saw another boat to my right. I made sure we had a safe distance and then another boat was right out in front of me. I tried to avoid him and we hit. 
  
  07/19/2014 
  On this date, an employee of owner #2 delivered a notarized letter From Owner #2, stating that he was in fact the operator of vessel #2. He stated : I was in the channel headed north from Tices Shoal, in Barnegat Bay towards the Route 37 Bridge. I was traveling at approximately 20 MPH. The pontoon boat, which I had the accident with was also headed north approximately 1000 feet ahead of me at about 10 o clock. A third boat came from my starboard rear and was passing me on my starboard side. I looked to my starboard side at the passing boat for a couple of seconds and when I looked back to my port side, the pontoon boat had turned right directly in front of my boat. I was headed directly into the starboard side of the Pontoon boat. I turned sharp right and my boat fish tailed into the pontoon boat. My port side hit the starboard side of the pontoon boat.