I only pointed out the right of way issue because someone somewhere will want to blame someone for the accident and the surviving pilot did technically have right of way.
Re-stated what Crab said (and not trying to speak for Crab) is....."One Pilot is alive to speak to what he knows of the series of events that led to the collision.".
Sadly, the other Pilot shall not have that opportunity.
Hopefully there shall be enough evidence gathered from Audio Tape Recordings, Individual testimony, witness accounts, video, and forensic examination of the two aircraft to determine what happened with some reliability.
The Investigation shall piece together an account using all of hat information and then consider how it all came to happen then make some suggestions on how to prevent another similar tragedy at Sea World and other similar operations.
Hopefully, that is the case as there should be some good come out of this sad event.