How is fault determined in a plane crash?
In Utah, fault in a plane accident is determined by looking at the evidence to assess how the incident occurred and who was responsible. The most common way to determine fault is known as “comparative fault,” which assesses each individual’s role in the incident and assigns a percentage of fault to each party. For example, if the pilot of the plane was speeding and the plane crashed due to the excessive speed, the pilot would be assigned a percentage of fault based on their carelessness. The same would be true for a maintenance technician who failed to properly repair the plane or a manufacturer who sold a defective part for the plane. All parties involved in the plane crash must be identified and assign percentages of fault in order to determine who is liable for the plane accident and any attendant damages. Aviation accident attorneys in Utah look at all potential factors, such as weather, visibility, and the condition of the plane, to determine who is at fault and assess the percentage of fault attributed to each individual. In addition, Utah law also allows the court to assign shared fault. In this situation, if any party involved in the accident is found to be partially responsible, the court may decide to assign shared fault and that individual may still be held liable. Once all parties responsible for the plane accident have been identified and fault has been determined, they can be held liable for damages, costs, and losses due to the incident.
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