TYPES OF MARITIME ACCIDENTS AND THEIR LEGAL CONSEQUENCES: COLLISION, SINKING, GROUNDING, AND LIABILITIES

Types of Maritime Accidents and Their Legal Consequences: Maritime accidents encompass any event occurring at sea that may result in loss of life or property . The causes and consequences of these accidents are quite diverse. From a legal standpoint, the consequences of these accidents vary depending on the type of damage incurred, the party responsible for the accident , and the applicable legislation. A large portion of world trade takes place at sea. With the increase in maritime trade, maritime accidents have also increased. Maritime accidents cause significant damage to human lives, transported goods, and the seas themselves. Many international agreements and regulations have been established to prevent these accidents. However, despite the existence of these agreements and regulations, maritime accidents continue to occur. The biggest cause of maritime accidents is human error. At the same time, the intensity of maritime traffic, natural disasters, and technical malfunctions can also cause maritime accidents. Maritime accidents encompass various events that may occur during maritime trade and transportation and cause damage . These accidents can create serious problems for ship owners, operators, cargo owners, and insurers, as well as for the environment and human health . The types of maritime accidents are as follows:

1. Types of Maritime Accidents: Collision: A collision is an accident that occurs when two or more vessels collide . These types of accidents can occur due to navigational errors, communication failures, or adverse weather conditions. For a collision to be considered, the vessels colliding must be vessels defined as ships in the Turkish Commercial Code (TTK). The type of vessel involved is irrelevant; whether it's a merchant ship, a yacht, or a state vessel, the provisions of the TTK regarding collisions apply. The provisions of the Turkish Commercial Code regarding collisions apply in cases where two or more vessels collide, or when a vessel causes damage without a collision by performing a maneuver, failing to perform a maneuver, or failing to comply with navigation rules . The TTK mentions two types of collisions: faulty and faultless collisions. Faultless Collision: This is a concept regulated in the Turkish Commercial Code and frequently encountered in maritime law . Briefly, faultless collision can be defined as follows: These are collisions that occur due to an unforeseen event or force majeure, the cause of which is not clearly understood . In such collisions, the party that suffers the damage to the people and goods on board is responsible for that damage. Characteristics of a Faultless Collision:  Unclear Cause: The cause of the collision cannot be clearly determined.

 Unforeseen Circumstance: An extraordinary and unexpected situation is involved.  Force Majeure: Events that cannot be foreseen or controlled, such as natural disasters or war . Examples:  Collision in foggy weather: A collision in foggy weather with very low visibility, despite both ships taking all precautions, can be considered a faultless collision.  Suddenly appearing underwater reef: A ship colliding with an underwater reef that unexpectedly appears in its course can be considered a faultless collision. In short, a faultless collision is a maritime accident that occurs without fault on the part of either party . In the case of a faultless collision, the injured party is obliged to compensate for its own damages. Faulty Collision: A faulty collision is a concept regulated in the Turkish Commercial Code (TTK) and frequently encountered in maritime law.  Fault of One Party: This is the situation where the damage resulting from the collision of two or more ships is due to the fault of an employee or owner of one of the ships . In this case , the owner of the ship that caused the damage is obliged to compensate for the resulting damages .  Joint Fault: A collision with joint fault means that in a maritime accident, the accident occurred due to the fault of the captain or crew of all or some of the colliding ships. In other words, the collision did not result from the fault of a single ship, but from the combined faults of two or more ships . Characteristics of a Collision with Joint Fault:  Multiple Faults: All or some of the ships that caused the collision have a certain fault on the part of the captain or crew.  Joint Result: The collision occurred as a result of the combined faults .  Joint Liability: The owners of all ships that caused the collision are obliged to compensate for the damages in proportion to their faults. Liability in a Collision with Joint Fault: According to Article 1289 of the Turkish Commercial Code, the owner of each ship is liable for the damages suffered by the ships or the goods on board due to the collision in proportion to their own fault . So, if one ship is 70% at fault and the other is 30%, 70% of the damages will be covered by the owner of the ship with greater fault, and 30% by the owner of the other ship. Example: In an accident resulting from a collision between two ships, the collision occurred because the first ship exceeded the speed limit and the second ship did not comply with navigation regulations.

This has occurred. In this case, both shipowners are responsible for the accident and must compensate for the damages in proportion to their respective faults. Bodily Injuries in Collisions with Joint Fault: Article 1290 of the Turkish Commercial Code provides a different regulation for bodily injuries in cases of collisions with joint fault. According to this article, the shipowners of the at-fault ships are jointly and severally liable for the damages arising from the death or injury of persons on board the ships due to the collision . In other words, the injured party can choose from which ship they want compensation. However, the shipowner who later pays the compensation can seek recourse from the shipowners of the other ship in proportion to their shares. Compensation Claim in Case of Collision: In case of a collision, the competent court for the evidence gathering process before filing a lawsuit is the primary commercial court responsible for maritime trade matters in the place where the collision occurred ; if such a court does not exist, then the primary civil court responsible for commercial cases is competent. Statute of Limitations: The statute of limitations is very important in compensation claims. According to the Turkish Commercial Code , a specific statute of limitations is set for compensation claims based on collisions , and it expires after two years from the date of the collision. Failure to file a lawsuit within this period may result in the loss of rights. Recourse claims between shipowners, however, expire after one year from the date of payment. 2. Sinking: Sinking is the situation where a marine vessel becomes completely or partially inoperable due to being submerged underwater . One of the most serious consequences of maritime accidents, sinking can lead to both material and moral losses. Therefore, it is an important issue in maritime law. Causes of Sinking: Many reasons can cause a ship to sink. These include:  Technical malfunctions: Malfunctions in the ship's engine, steering system, or other critical systems.  Collision: Damage resulting from collisions with another ship, a fixed obstacle, or underwater rocks .  Fire: Inability to control a fire on board the ship.

 Water ingress: Water entering the ship due to a hole or crack in the hull .  Natural disasters: Natural disasters such as storms, tsunamis, and earthquakes. 3. Ship Grounding: Ship grounding refers to the situation where the underwater part of a ship strikes land or a shallow area and becomes stranded. In other words, the ship, with its underwater portion, becomes stuck on the seabed or shore and cannot move. This situation usually occurs due to various reasons such as technical failures, navigation errors, natural disasters, or human error. Causes of Ship Grounding: There can be many reasons for a ship grounding:  Navigation errors: As a result of errors by the captain or navigation systems, the ship may deviate onto the wrong course and run aground.  Technical malfunctions: Due to malfunctions in the ship's engine, steering system, or other critical systems, the ship may become uncontrollable and run aground.  Natural disasters: As a result of natural disasters such as storms, tsunamis, and earthquakes, the ship may deviate from its course and run aground.  Human error: Groundings can occur as a result of the negligence or incorrect maneuvers of the ship's crew .  Errors in shallow water charts: Due to inaccuracies or outdated nautical charts, the ship may enter shallow waters and run aground. In cases considered as maritime accidents, such as collisions, sinkings, and groundings, the carrier is presumed liable for the death or injury of passengers and for damage to their belongings . However, the carrier may be relieved of liability by proving its innocence.

Law Student Intern Nursena İbanoğlu