How is fault determined in a plane crash?
In Florida, fault is determined in a plane crash through a process that is very similar to how fault is determined in other types of motor vehicle accidents. The process is known as comparative negligence, which essentially means that each party involved in the accident is weighed against the other to determine who is most responsible for the crash. The first step of the process is to establish who is at fault. This typically involves examining the plane’s flight data recorder and the circumstances of the accident. Evidence such as eyewitness testimony, weather records, and communication from the pilots can also play a role. Once fault is established, the court and insurance investigators will look at the negligence of each party involved. Was the pilot negligent? Was there a mechanical issue with the plane? Was there a problem with the airspace itself? These and other questions will be examined to determine which party or parties bear the greatest responsibility for the crash. Finally, the court will weigh the negligence of each party and assign a degree of responsibility to each. The party or parties found to bear the greatest responsibility for the crash will be liable for paying the damages and making restitution. The degree of fault assigned to each party will determine who pays the most. In Florida, a court may also assign fault to multiple parties, allowing the court to order compensation to be paid by each participant.
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