If a pilot is found to be responsible for an accident causing the death of a passenger can he be charged with manslaughter?
Is this looked on differently depending if it be a commercial/general aviation flight?
2007-10-29 04:52:31 · 14 answers · asked by inquisitor 5 in Cars & Transportation ➔ Aircraft
stacheair, gave a very good reply regarding the FAA, I am more interested in the situation in the UK.
2007-10-29 21:32:16 · update #1
There could be a certain set of circumstances where a pilot could be held responsible and charged with manslaughter.
However there are quite a few more factors in a plane crash than in a car crash. Pilot error is the biggest reason for plane crashes, however that rarely tells the whole story. There is usually a combination of factors and conditions that lead to a mistake that causes a crash.
2007-10-29 05:06:37 · answer #1 · answered by Nitro Pipes 3 · 3⤊ 0⤋
To answer your question correctly you should direct your question to an aviation lawyer. I am not an aviation lawyer so I cannot give legal advise only lawyers can do that. However as in all aviation accidents the FAA does and is required by law to investigate each accident.
The FAA has nine responsibilities and one is to determine if the pilot had broken any for the Federal Aviation Regulations (FAR). If a pilot is found to have broke FAR Part 91 rule such as operating an unairworthy aircraft FAR 91.7 and someone get hurt or killed it would also involve FAR 91.13(A) and (B) careless and reckless.
FAR 91.13(B) careless or reckless manner so as to endanger the life or property of another opens up a whole civil matter and yes the pilot can be held responsible. Many times the lawyers will use the Freedom of Information Act (FOIA) to obtain the FAA records used in FAA enforcement cases and use these records in civil court to proof their case against a pilot
Keep in mind the FAA is under Title 49 Administrative law and civil law is something different. The FAA can only fine or take away a person certificates.
Also remember each state has its own laws and depending on which state the accident occurred in a different ruling may take place. However most states will up hold a manslaughter ruling to one degree or another.
2007-10-29 12:56:55 · answer #2 · answered by stacheair 4 · 3⤊ 0⤋
Its possible but highly unlikely to happen. First the police need to have reasonable grounds to think that the actions of the pilot can be determined to be the sole cause of the deaths. Secondly they need to be able to prove that the actions carried out by the pilot would result in the death of the other persons involved.
For example if the pilot of the plane crashed the aircraft into a building killing the occupants of the building there may be a case that the pilot could not know for sure that the building was occupied at the time of the crash.
In most cases when a pilot crashes his plane of purpose the pilot also dies in the crash. This makes it impossible to charge the pilot after the fact.
2007-10-30 02:10:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Regarding any legal charges resulting from actions as a flight crew member - it is wholly dependent upon the country involved. In most countries outside the US & UK, pilots, particularly airline pilots, involved in irreguilarities (accidents, incidents, drinking, etc) are regularly arrested and held. This includes manslaughter. It is prety rare in the US and UK but has been know to happen in severe cases of negligence or deliberate actions.
2007-10-31 20:41:39 · answer #4 · answered by Captain R. 1 · 1⤊ 0⤋
Yes he can be charged with mansluaghter and in some cases the pilot has been...in most cases it is charged as involuntary unless there is some sort of reason to believe that the pilot crashed the aircraft on prupose....it is not looked upon any differently whether it be in the airlines or in GA, but it can vary in the accounts(number of people killed)...obviously there are more deaths per aircraft crash in commercial aviation.
2007-10-29 09:26:50 · answer #5 · answered by pilotjeannie89 2 · 2⤊ 0⤋
think no matter what mode of transport .if person was in charge of such vehicle and person died not natural cause then he will be charged with manslaughter .and then its up to the powers that be to pursue , the may find there is no case to answer if accident good luck
2007-10-29 07:06:13 · answer #6 · answered by bobonumpty 6 · 0⤊ 2⤋
pilotjeannie89...can you provide a reference to your claim.
I have never heard of a US pilot charged in the US. Just because I have not heard of it means squat, I would be interested in reading the case(s)
2007-10-29 12:07:14 · answer #7 · answered by I Am Done With This BS Site 7 · 0⤊ 1⤋
Depends a lot on wether it was an accident or if it was a reckless act that caused the crash.
2007-10-29 05:00:18 · answer #8 · answered by James 2 · 2⤊ 1⤋
If it was a true accident, it's not manslaughter. If he was behaving irresponsibly, or was somehow grossly negligent, then it could be manslaughter.
2007-10-29 05:47:12 · answer #9 · answered by rohak1212 7 · 3⤊ 0⤋
There would be a thorough investigation and then if it is pilot error (reckless flying) then most probably.
2007-10-30 09:35:33 · answer #10 · answered by moksud k 2 · 0⤊ 1⤋