You don’t cross a $1B class warship across the bow of a merchant hoping he will obey the rules of the road, any more than you protect yourself from an oncoming truck by standing in a crossing zone counting on traffic laws to force him to stop. Even if you are in the right you are in the wrong.
At that point the law of gross tonnage takes over. The outcome is usually not satisfactory for the small boys.
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BTW, does anyone know if the McCain could have been dead in the water at the time of collision?
(I don't see much shearing action in the damage -- precisely the opposite of the Fitzgerald...).