Collision at Sea

Definition of Collision under Article 1286 of the Turkish Commercial Code (TCC)

Article 1286 of the Turkish Commercial Code defines a “collision” (çatma) as the event in which two or more vessels collide at sea. The scope of this provision is strictly limited to vessels. In order for the rules on collision to apply, both parties involved must legally qualify as vessels. In cases involving non-vessel structures—such as docks, breakwaters, or buildings on the shoreline—TCC provisions do not apply. Instead, general tort liability under the Turkish Code of Obligations shall govern such incidents.

Scope of Application of Collision Rules

Within the scope of Article 1286, collisions may occur between vessels of various types—commercial ships, warships, passenger ships, yachts, or other maritime crafts—so long as they qualify as vessels. There must be no contractual relationship between the parties. For example, if a tugboat is towing a vessel under a towage contract, collision provisions are not applicable; such disputes are instead evaluated under contract law.

Importantly, vessels need not be underway for collision rules to apply. Collisions involving moored or anchored vessels in port are also subject to TCC collision provisions.

Types of Collisions and Legal Liability in Maritime Law

Collisions in maritime law are categorized into four main types based on fault:

✅ 1. Collision Without Fault (No-Fault Collision)

This occurs when neither party is at fault. According to TCC Article 1287, a no-fault collision may arise in the following situations:

• Unexpected circumstances: e.g., a captain suddenly falling ill, or a technical failure arising unpredictably.
• Force majeure: e.g., a sudden storm or fog.
• Unidentified cause: where the cause of the collision cannot be determined with certainty.

In such cases, each party bears its own damages. For example, the shipowner bears the damage to the vessel, while the cargo owner bears the damage to the goods.

✅ 2. Collision Caused by the Fault of One Party

Where the collision results solely from one party’s negligence, TCC Article 1288 stipulates that only the owner of the at-fault vessel (the shipowner) is liable. Examples include:

• Improper maneuvers
• Excessive speed
• Violation of navigation rules
• Technical negligence (e.g., failure to maintain the anchor)

However, establishing liability requires not only proof of fault but also a causal link (causation) between the fault and the resulting damage.

If a collision occurs during compulsory pilotage due to the pilot’s error, liability does not fall on the shipowner but rather on the institution employing the pilot.

✅ 3. Collision Caused by Mutual Fault (Shared Fault)

When both parties are partially at fault, the collision is classified as one of shared fault:

• For property damage (e.g., ship repair costs, towing expenses), liability is proportional to the degree of fault. Joint and several liability does not apply.
• For personal injuries or death, Article 1290 establishes joint and several liability. The injured party may claim the entire amount from either shipowner. The party that pays more than its share may seek recourse from the other according to fault percentage.

✅ 4. Constructive Collision (Analogue Collision)

Under Article 1286/2, a collision claim may still arise even if there is no physical contact. If one vessel, while attempting to avoid another’s faulty maneuver, causes damage to a third vessel or structure, the rules on collision apply by analogy.

For instance, if a vessel makes a sudden turn to avoid a collision and strikes a docked vessel, collision rules still apply—even though there was no direct impact with the at-fault vessel.

Preservation of Evidence Before Filing a Compensation Claim

To ensure a fair trial and accurate assessment of damages, the collection of evidence is crucial. Article 1292 allows for pre-trial evidence preservation (delil tespiti) procedures.

The competent court is the maritime commercial court in the location where the collision occurred. If such a court does not exist, jurisdiction falls to the commercial court of first instance or civil court of first instance, in that order. During the process, captains or representatives of the involved vessels must be notified. However, the court only establishes the facts; fault assessment is reserved for the trial phase.

Compensation Claims Arising from Collision

Damaged parties may file compensation lawsuits against the shipowner or crew of the at-fault vessel. If the collision was due to the negligence of a compulsory pilot, the claim is directed against the pilot or their employer.

The burden of proof lies with the plaintiff to demonstrate both the extent of damage and the defendant’s fault.

Limitation of Liability in Collision Cases

According to Article 1296 of the TCC, a shipowner may limit their liability for collision damages under the 1976 Convention on Limitation of Liability for Maritime Claims (LLMC). This serves to protect shipowners in high-value damage cases by capping their liability to specific monetary limits.

Statute of Limitations for Collision Claims

All compensation claims arising from collisions must be filed within two years from the date of the incident. If a shipowner who paid the full damage seeks recourse against another party, such action must be brought within one year from the date of payment.