In this case, simply looking at the damage on the ships, the container ship would be at fault. Give way to vessels crossing from starboard, as per COLREGs. Of course it could be a lot more complex than that, what with draft constraints, RAM, NUC, TSS lanes and so on. Regardless though the rules are very clear that you have a responsibility to avoid a collision, even if you're in the right. I suspect that there will be a lot of repercussions as a result even if the container ship is the one that ultimately carries the can.
With the Fitzgerald it was at fault according to COLREGS, if I remember correctly.