RE: Mid Air...need advise
There are some exceptions to this "no-fault" idea.
One is when someone goes up when there are at least one or two in the "pattern", meaning as I described it earlier, goes up, and ignores such warnings as "LANDING" notification that we use at our field. The point is that before beginning the downwind leg, the pilot announces that he/she is about to do a downwind, followed by a turn to base, followed by a turn to final, followed by a landing.
When the aforementioned jerk ignores this and does something that puts his plane in peril, well, that peril goes two ways with his pocketbook being the main victim.. times two!!
This is an example of when someone can be blamed and, if I have anything to say about it, will pay. Period.
CGr.