Based on the above, it would appear that the Fitzgerald was in the wrong, and crossed in front of the vessel with the right-of-way.
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In fact, the maneuvering of the ACX Crystal was so bizarre as to indicate a deliberate collision maneuver:
From the location and direction of the damage, the Fitzgerald was sailing smoothly northeastward toward Yokosuka, and landward of the ACX Crystal when the ACX Crystal rammed it traveling on a directly landward course.
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It is difficult to imagine a huge container ship making two sharp reversals of course, and hard , sharp turn to port without deliberate intent to ram.
That is one absolutely crazy path, especially for a large ship. WTH was going on there???!!
Wow. That is weird. Could the merchant vessel have been in kind a holding pattern waiting for dock space at its destination? Would burn fuel to do that, but a port wouldn’t want ships stacked up, so to speak, right outside it, would it?
Or could the merchant vessel have been off loading or taking on some illicit cargo during that u-ey?