I don't think the problem is identifing your target as much as it would be what is past your target.

Don't tell me that after you spot a nice buck moving across the woods you scan everything in the background before you shoot. It doesn't happen. Can't happen unless that deer stays still for a good 10 minutes or so. Honestly think about it.

Now you add in the guy with the brown carharts or camo moving through the land he shouldn't be on. He sees you in your blaze orange and is trying to sneak around you. You will have a hard time seeing him if you see him at all! Finally (after a week of hunting NY) you see a deer, the other hunter just kicked him towards you. You shoot and unfortunately you miss and hit the other hunter in the distance who you didn't see because he's hiding in his camo.

Now you don't want blaze orange so I didn't see the other hunter and he got hit by my shot. But you want ME to go to jail?