COLLISION - Black's Law Dictionary

What is COLLISION? Definition of COLLISION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

Striking together of two objects, -one of which may be stationary. Davilla v. Lib- erty Life Ins. Co., 114 Cal.App. 308, 299 P. 831, 834. Act or instance of colliding; state of having collided. Guenther v. American Indem. Co., 246 Wis. 478, 17 N.W.2d 570, 571.

Maritime Law
The act of ships or vessels striking together. In its strict sense, collision means the impact of two vessels both moving, and is distinguished from allision, which designates the striking of a moving vessel against one that is stationary. But collision is used in a broad sense, to include allision, and perhaps other species of encounters between vessels, or a vessel and other floating, though nonnavigable, objects. Wright v. Brown, 4 Ind. 97, 58 Am.Dec. 622; London Assur. Co. v. Companhia De Moagens, 68 F. 258, 15 C.C.A. 379; Lehigh & Wilkes Barre Coal Co. v. Globe & Rutgers Fire Ins. Co., C.C.A.N.Y., 6 F.2d 736, 738, 43 A.L.R. 215.

The term is not inapplicable to cases where a stationary vessel is struck by one under way, strictly termed "allision" ; or where one vessel is brought into contact with another by swinging at anchor. And even an injury received by a vessel at her moorings, in consequence of being violently rubbed or pressed against by a second vessel lying alongside of her, in consequence of a collision against such second vessel by a third one under way, may be compensated for, under the general head of "collision," as well as an injury which is the direct result of a "blow," properly so called. The Money, Abb.Adm. 73, Fed.Cas.No. 9,894.

Automobile Insurance Law
The term denotes the act of colliding; striking together; violent contact. Long v. Royal ins. Co., 180 Wash. 360, 40 P.2d 132, 133, 105 A.L.R. 1423. The term implies an impact or sudden contact of a moving body with an obstruction in its line of motion, whether both bodies are in motion or one stationary and the other, no matter which,in motion. St. Paul Fire & Marine Ins. Co. v. American Compounding Co., 211 Ala. 593, 100 So. 904, 906, 35 A.L.R. 1018; Rea v. Motors Ins. Corporation, 48 N.M. 9, 144 P.2d 676, 678, 679, 681.

But liability depends on what the automobile collides with and, of course, the cause of the collision and the terms of the policy. Liability has been sustained where collision was with embankment, Pred v. Employers' Indemnity Corporation, 112 Neb. 161, 198 N.W. 864, 866, 35 A.L.R. 1003; and also denied, Fox v. Interstate Exch., 182 Wis. 28, 195 N.W. 842. Liability has also been denied where collision was with earth, after automobile had gone over an embankment, Continental Casualty Co. v. Paul. 209 Ala. 166, 95 So. 814, 815, 30 A.L.R. 802 (contra Polstein v. Pacific Fire Ins. Co., 203 N.Y.S. 362, 122 Misc. 194) ; and with stump after skidding off the road, Ploe v. International Indemnity Co., 128 Wash. 480, 223 P. 327, 328, 35 A.L.R. 999. Liability has been sustained for damages caused by collision with sides of rut, Wood v. Southern Casualty Co., Tex.Civ.App., 270 S.W. 1055, 1057; and both sustained and denied where body or frame of automobile collided with the road through the breaking of an axle or other cause, Young v. New Jersey Ins. Co., D.C.Mont., 284 F. 492, 493 ; Great American Mut. Indemnity Co. v. Jones. 111 Ohio St. 84, 144 N.E. 596, 35 A.L.R. 1023; Great Eastern Casualty Co. v. Solinsky, 150 Tenn. 206, 263 S.W. 71, 74, 35 A.L.R. 1007. Liability has been sustained where elevator containing automobile fell, Freiberger v. Globe Indemnity Co., 199 N.Y.S. 310, 311, 205 App.Div. 16; National Fire Ins. 'Co. of Hartford, Conn., v. Elliott, C.C.A. Mo., 7 F.2d 522, 527, 42 A.L.R. 1121 ; where standing car ran over precipice, St. Paul Fire & Marine Ins. Co. v. American Compounding Co., 211 Ala. 593, 100 So. 904, 906, 35 A.L.R. 1018; where scoop of steamshovel loading autotruck fell on latter, Universal Service Co. v. American Ins. Co., 213 Mich. 523, 181 N.W. 1007, 14 A.L.R. 183; but denied where second floor of garage fell upon automobile, O'Leary v. St. Paul Fire & Marine Ins. Co., Tex.Civ.App., 196 S.W. 575. This subject is fully discussed in Blashfield, Cyc. of Automobile Law and Prac., Perm.Ed., §§ 36913698.

More On This Topic : BOAT

That's the definition of COLLISION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of