Imperfect Intersection – Perfect Intersection
Faulty Collision and No Faulty Collision: The Balance of Liability and Compensation
In maritime activities, collisions between ships can lead to both material damage and serious legal liabilities. The Turkish Commercial Code (TTK) , in Articles 1298 and subsequent articles, regulates the liability regime related to collisions in detail. The TTK divides collisions into two categories: fault-based collisions and faultless collisions. This makes the compensation and liability aspects more distinct.
What is the concept of collision?
A collision is an accident that occurs when two vessels collide with each other in the open sea or in a port area. Collisions are most often navigational errors, technical malfunctions, weather conditions, or human error . However, not every collision automatically means that the parties are at fault. The Turkish Commercial Code (TTK) categorizes collisions into fault-based and no-fault-based categories, applying different liability provisions.
What is a Defective Collision?
A collision caused by faultoccurs when the collision results from the negligence, carelessness, or violation of maritime regulations by the captain, crew, or owner of the vessels involved.
Examples of Faulty Collision Cases:
- The captain incorrectly determined the course or did not adhere to the speed limits.
- Loss of direction due to poorly maintained navigation equipment.
- Violation of navigation rules in the port.
- The ship was not using the necessary lighting and signaling.
Liability in Defective Collisions:
In the case of a collision caused by fault, the party responsible for the damage pays compensation according to their degree of fault. If both parties are at fault, the compensation is divided according to their respective degrees of fault. Expert reports, radar records, logbooks, and witness statements are taken into account in determining the percentages of fault.
What is a Perfect Match?
A faultless collisionis a collision caused by entirely unavoidable reasons in which neither vessel is at fault. These are typically storms, fog, currents, mechanical failure, or intervention by another third party .
Examples of Perfect Matching Situations:
- Ships drifting and colliding due to a sudden, violent storm or hurricane.
- A ship docked in port being pushed by another ship due to a tugboat error.
- Loss of control due to an unforeseen technical malfunction.
Responsibility in Flawless Assembly:
In a collision without fault, neither party is liable for damages. Each shipowner bears the cost of their own losses. However, in a collision claimed to be due to force majeure , the parties must prove their case
Sharing of Fault and Responsibility in Collisions
Sometimes collisions result from actions that are, to a certain extent, at fault on the part of both vessels. In such cases, according to Article 1302 of the Turkish Commercial Code, the damages are apportioned according to the degree of fault. If the degree of fault cannot be determined, the compensation is shared equally between both parties.
Compensation Claims and Statute of Limitations
The party that suffered damage as a result of the collision may claim compensation from the other party. This compensation may include the cost of repairing the vessel, loss of cargo, passenger injuries, and environmental damage. According to the Turkish Commercial Code, a two-year statute of limitations is stipulated for compensation claims arising from collisions.
The Importance of Distinguishing Between Defective and Perfect Collisions
A collision due to fault creates an obligation to pay compensation between the parties, whereas a collision without fault does not. Therefore, the accurate determination of the nature of the incident expert examinations and reports from maritime specialists . In collisions occurring in international waters, COLREG (International Rules for Preventing Collisions at Sea) applied.
Insurance and Collision Relationship
Ships are generally protection and indemnity (P&I) insurance . In the event of a collision due to fault, this insurance covers the damages incurred by the shipowner. However, for the insurance to be valid, the shipowner must not have acted intentionally or with gross negligence.
Conclusion
In maritime law, collisions are complex situations requiring both technical and legal expertise. collisions due to fault , the parties are liable for compensation according to their degree of fault, while in collisions without fault , each vessel bears its own damages. Therefore, it is vital for parties engaged in maritime transport to exercise utmost care regarding maritime regulations and to take insurance measures against potential risks. A properly managed process minimizes financial losses for the parties and ensures the security of international trade.
Gozdenur Turna
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