Not necessarily. Consider this:
This would have been turning into the collision. The ‘give way’ rules indicated (turning to starboard) are for when the two ships are heading in opposite directions (you pass on the other ship’s port, or left side). Turning to starboard would not have averted this impact. It would have worsened it.
More significantly, I think the location of damage on the freighter, combined with the established low speed (3 kts) of the Destroyer, makes it clear that the container vessel was moving faster than the DD, on a roughly similar course (ie: was coming from behind and would move ahead, if their courses were such that they didn’t collide). As a result, the applicable rule becomes:
[quote]Rule 13 - Overtaking
(a) Notwithstanding anything contained in the Rules 4-18, any vessel overtaking any other shall keep out of the way of the vessel being overtaken.
(b) A vessel shall be deemed to be overtaking when coming up with a another vessel from a direction more than 22.5 degrees abaft her beam, that is, in such a position with reference to the vessel she is overtaking, that at night she would be able to see only the sternlight of that vessel but neither of her sidelights.
© When a vessel is in any doubt as to whether she is overtaking another, she shall assume that this is the case and act accordingly.
(d) Any subsequent alteration of the bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the meaning of these Rules or relieve her of the duty of keeping clear of the overtaken vessel until she is finally past and clear.[/quote]
The problem comes in when you don’t know just what the initial angle of approach was—which at the moment, we don’t. The DD’s crew may be at fault. In fact, it’s quite likely they were. But they may not be, and again, it’s way too early to go declaring this an open and shut case.