Talk of the dock today - Who is at fault? Shrimper plows into anchored fisherman

[Sooner]

30+ Foot, powered fisherman anchored out in gulf fishing.  4 or 5 onboard - several hurt.  No ball day shape displayed.
Shrimper dragging net -helmsman on deck working.  Plowed into anchored fishermen - Shrimper thought the fisherman was under way and he had right of way.
Shrimper got everyone out of the water and towed the fisherman into the marina.
How do you place the fault?
I don't have a round black ball on board - do you?
Jim

[Captain Smollett]

Rule 2a would seem to apply to me in regard to the shrimper. Not having a a helmmsman with another vessel in sight hardly seems  'practice of seamen.'

My money goes on a 'both share fault' ruling. These kinds of cases usually do. For good reason, imo.

[SailorTom]

Exactly why I always fly the day shape(and anchor light at night). Because that so simple procedure would make this case clear. But since both are in error, probably shared responsibility.

[Mako]

The ship under way had to avoid collision... Hitting something fixe it's not So .... ???

[CharlieJ]

Not totally true. Most marine courts assign percentages of fault. If the anchored vessel was not showing proper signals he WILL be assigned part of the fault. You MUST adhere to COLREGS

[SeaHusky]

Incidentally this is the topic on the news here in Sweden as well.
Lack of clear communication entering Gothenburg harbour...