Analogous Collision (Damage Caused Without a Collision) in Maritime Law

One of the most notable areas of maritime law is maritime accidents and the resulting liabilities. In this context , "collision" refers to the rules concerning damages arising from the actual collision of two or more ships at sea. However, in practice, not every event causing damage necessarily occurs as a collision . In some cases, damage can occur without direct physical contact between ships. In such situations, legal doctrine and the Turkish Commercial Code (TTK) introduce the concept of "analogical collision" or, alternatively, "damage caused without a collision."

The Difference Between Confrontation and Comparative Confrontation

A collision occurs when there is direct contact between at least two ships . Legally, for a collision to occur:

There must be actual contact between the two ships
This contact should cause harm,
There must be fault or negligence.

In contrast a comparative collisionencompasses damage that occurs without actual contact between ships. That is, there is no collision, but the negligent conduct of one ship causes damage to another or third parties.

Collision by Analogy in the Turkish Commercial Code

Article 1285/II of the Turkish Commercial Code (TTK) explicitly regulates this matter:

"If, without a collision between ships, damage occurs to another ship, its passengers or third parties due to the maneuvering or conduct of a ship contrary to the rules of navigation, the provisions relating to collisions shall apply by analogy."

Based on this provision, there are three elements to analogous collision:

No collision → The ships did not actually collide.
A faulty action must exist → This must be a maneuvering error, a violation of navigation rules, or negligence.
Damage must have occurred → Damage must have been caused to the ship, its cargo, passengers, or third parties.

Therefore, the concept of comparative collision aims to ensure justice by expanding the liability regime of collision

Examples of Comparative Comparison

Comparative collisions are a common occurrence in maritime practice. Examples:

Wave Damage: In a harbor, the effect of waves (salvos) created by a ship sailing at high speed causes cargo to fall from or damage to a neighboring ship.
Maneuvering Error: A situation where one ship endangers another by suddenly changing course, resulting in the other ship running aground or losing cargo while attempting a sudden maneuver.
Towed Vessel Situation: The tugboat's faulty maneuver caused damage to the vessel's unloading equipment during docking, even though the towed vessel did not make contact with another vessel.
Cargo Loss: When the anchor chain of a ship that has dropped anchor becomes entangled in the propeller of another ship, immobilizing that ship.

In these cases, there is no direct collision between the ships , but the damage clearly results from the negligent action of one ship.

Legal Consequences and Responsibility

In cases of comparative collision, the liability regime operates as in a normal collision. That is to say:

Fault Principle: Liability for damages is based on fault. The ship or owner at fault is obligated to compensate the injured party for the damages suffered.
Scope of Compensation: The compensation covers damages not only to the ship but also to the cargo owners and passengers.
Right of Recourse: Injured third parties may directly claim compensation from the negligent shipowner; the shipowner may also seek recourse from the relevant personnel or other responsible parties in proportion to their degree of fault.
Insurance: As with collision liability, P&I (Protection and Indemnity) insurance also covers comparative collisions.

Analogous Collision in International Law

The principle of analogous collision in Turkish law the 1910 Brussels Convention on Collision. While this convention did not directly regulate analogous collision, many countries have adopted the principle of "application of collision by analogy" to ensure fairness in maritime trade.

Furthermore, COLREG 1972 (International Regulations for Preventing Collisions at Sea)sets out the rules that ships must follow. Liability arises if damage occurs as a result of a violation of these rules, even if there is no direct contact.

Analogous Encountering in Supreme Court Decisions

In Turkish judicial practice, the Court of Cassation frequently applies the principle of collision by analogy.

The 11th Civil Chamber of the Supreme Court of Appeals, in one of its decisions, considered the damage caused to a neighboring ship by waves created by a ship sailing at high speed in the harbor as falling within the scope of "comparative collision".
Another ruling stated that the collision provisions would also apply by analogy if damage was caused by a tugboat's faulty maneuver without direct contact.

These decisions highlight the practical importance of Article 1285/II of the Turkish Commercial Code

The Importance of Comparative Comparison

Collision by analogy is important in many respects in maritime law:

Justice and Fairness: Ensures compensation for damages even though there is no direct contact between the ships.
Maritime Safety: Encourages captains and ship personnel to exercise caution.
How the Insurance System Works: It makes it easier for P&I clubs to cover losses.
International Harmonization: Establishes parallels between Turkish maritime law and international regulations.

Conclusion

In maritime law , collision by analogy is a fair principle that allows collision provisions to be applied to damages occurring without direct contact. It serves to protect those who suffer damage, particularly in situations such as port maneuvers, wave action, and tugboat errors

When the Turkish Commercial Code, Supreme Court decisions, and international regulations are considered together, the principle of comparative conflict arises:

It introduces liability based on fault
It operates the compensation regime in a manner similar to a clash,
It safeguards the rights of third parties
It enhances security in maritime trade.

Therefore, the principle of comparative collision is indispensable for ensuring legal certainty in the maritime sector.

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Analogous Collision (Damage Caused Without a Collision) in Maritime Law