Collision vs. Allision: What’s the Difference in Maritime Injury Cases?

Understanding the Difference Between a Collision and an Allision

Most people use the word “collision” whenever a boat or ship crashes into something. Maritime law, however, makes a distinction based on whether the objects involved were moving.

A collision generally occurs when two moving vessels strike each other. This could involve two recreational boats, a fishing vessel and a cargo ship, or any other vessels underway at the time of impact.

An allision occurs when a moving vessel strikes a stationary object. Examples include a boat striking a dock, bridge, pier, seawall, offshore platform, or anchored vessel. Federal courts have recognized this distinction when evaluating maritime accidents and determining how fault should be assigned.

Although the difference may appear minor, it can affect how an injury claim is investigated and which legal principles apply.

Vessel Collisions

A maritime collision can occur when two vessel operators fail to safely navigate around one another. These accidents may happen in open water, crowded harbors, narrow channels, marinas, rivers, or areas with heavy commercial traffic. Common causes of vessel collisions may include:

• Failing to maintain a proper lookout
• Traveling too fast for the conditions
• Misjudging another vessel’s speed or direction
• Ignoring navigation lights or sound signals
• Failing to follow crossing or passing rules
• Operator distraction or inexperience
• Boating under the influence
• Mechanical or steering failures
• Poor visibility caused by darkness, fog, or heavy rain

The Inland and International Navigation Rules explain how vessels should respond when meeting, crossing, or overtaking one another. For example, a vessel overtaking another generally must keep out of the way, while vessels meeting head-on usually alter course so they pass safely.

After a collision, investigators may examine the actions of both vessels. One operator may be primarily responsible, or fault may be shared between multiple parties.

Vessel Allisions 

An allision may occur when a vessel approaches a dock too quickly, drifts into a bridge, loses steering near a pier, or breaks free from its moorings and strikes another object. Common causes may include:

• Operator error while docking
• Excessive speed
• Failure to account for wind, waves, or current
• Steering, engine, or propulsion failure
• Improperly secured lines or anchors
• Inadequate crew training
• Poor communication among crew members
• Missing or inadequate warnings
• Unmarked or poorly lit structures

Allisions can involve vessels of any size. A small recreational boat may strike a dock, while a commercial ship may hit a bridge support, loading facility, or offshore structure.

The resulting impact can throw passengers from their seats, knock crew members to the deck, crush workers between the vessel and dock, or cause people to fall overboard. Serious incidents may also damage the vessel, structure, cargo, or surrounding property.

Determining Fault After an Allision

A vessel that strikes a stationary object or anchored vessel is not always the at-fault party. However, some maritime allision cases apply a legal principle commonly known as the Oregon Rule. Under this rule, a moving vessel that strikes a stationary object may initially be presumed to have been at fault.

The principle reflects the idea that a properly operated vessel generally should not strike an object that is not moving. However, the presumption can be challenged with evidence that the vessel was operated reasonably, the accident could not have been avoided, or the stationary object contributed to what happened.

For example, a dock, platform, anchored vessel, or other structure may have been improperly positioned, inadequately marked, or missing required lighting. Mechanical failure, severe weather, or another vessel’s actions may also have played a role.

This is why an allision claim requires more than simply identifying what the vessel struck. The complete circumstances must be investigated before responsibility can be determined.

Potentially Responsible Parties

Depending on the accident, potentially responsible parties may include:

• A vessel operator
• The vessel owner
• A charter company
• A commercial boating company
• The injured person’s employer
• A dock, marina, or bridge owner
• A maintenance contractor
• A manufacturer of defective equipment
• A company responsible for marking or maintaining a structure

More than one party may share responsibility. For example, an operator may have approached a dock too quickly while a mechanical defect prevented the vessel from slowing down. In another case, a vessel may have struck a poorly lit structure that should have been sufficiently marked.

Evidence That Can Help Explain the Accident

Evidence can be lost quickly after a maritime accident. Vessels may be repaired, damaged equipment may be replaced, and electronic information may be overwritten. Helpful evidence may include:

• Photographs and videos of the scene
• Vessel damage patterns
• Witness statements
• GPS and navigation data
• Radar and electronic chart information
• Radio communications
• Maintenance and inspection records
• Crew training records
• Weather and water conditions
• Coast Guard or law enforcement reports
• Medical records documenting the injuries

The Coast Guard investigates reportable marine casualties and publishes findings from certain incidents, including collisions and allisions. An attorney may also work with maritime safety professionals or accident reconstruction specialists to determine how the impact occurred.

Morgan & Morgan May Be Able to Help

Whether an incident is legally classified as a collision or an allision, the consequences can be serious. Passengers, crew members, dockworkers, and others may suffer broken bones, head injuries, spinal cord damage, crush injuries, drowning, or other life-changing harm.

Morgan & Morgan’s maritime accident attorneys can investigate the vessels and businesses involved, preserve important evidence, identify potentially responsible parties, and fight for the compensation you may deserve.

Contact Morgan & Morgan for a free, no-obligation case evaluation. With the Fee Is Free™, you pay nothing unless we win your case.