Does it really matter who had the most responsibility or the most dire need or the most urgent social date or the biggest genitalia and ego or the least fuel? The ultimate resolution (which by definition will become a standard) will depend on who has the most money to spend on lawyers for the next twenty years. Whoever finally stops paying the lawyers will lose. Lawyers will spend years (and charge accordingly) on determining the best course of action that should have been taken in the few minutes of an anomalous situation. The lawyers always win and will make a lot more money than you ever will. They will take years to make a case and charge you for it and then can claim that their failure to convince a judge or jury wasn't their fault. Try using that disclaimer of responsibility in any other profession such as being an air traffic controller or a pilot flying.