Woman Electrocuted by Wire Downed by Aircraft

[RDoug]

Woman who was electrocuted as plane crashed dies

 

[Avgirl]

Wow, that is horrible.

 

[Murdoughnut]

So my first thought (after sadness for the victim) was whether this qualifies as negligent homicide. A commercial pilot running out of fuel? I could see arguments either way.

 

[Avgirl]

So my first thought (after sadness for the victim) was whether this qualifies as negligent homicide. A commercial pilot running out of fuel? I could see arguments either way.

That would be too much of a stretch. No prosecutor would touch that. Unfortunately, it was just a case of being at the wrong place at the wrong time. A tree falling could have done the very same thing.

 

[CFI A&P]

So my first thought (after sadness for the victim) was whether this qualifies as negligent homicide. A commercial pilot running out of fuel? I could see arguments either way.

Being 36 minutes shy of VFR reserves does not help his case.


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[Adler]

A few JC members have flown that bird.

 

[ahsmatt7]

That would be too much of a stretch. No prosecutor would touch that. Unfortunately, it was just a case of being at the wrong place at the wrong time. A tree falling could have done the very same thing.

Im shooting in the dark here but could someone make the argument saying that because the pilot was negligent in his planning and/or execution, that he was the reason the plane ran out of fuel and that if he had not been negligent, the airplane would have never crashed and this woman would have never died.

This wasnt exactly an act of God or some totally random event.

Like i said, shooting in the dark. I dont know anything about law.

That would be too much of a stretch. No prosecutor would touch that. Unfortunately, it was just a case of being at the wrong place at the wrong time. A tree falling could have done the very same thing.

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[PeanuckleCRJ]

Man.... sometimes when it's your time to go, it's your time to go.

 

[hook_dupin]

Im shooting in the dark here but could someone make the argument saying that because the pilot was negligent in his planning and/or execution, that he was the reason the plane ran out of fuel and that if he had not been negligent, the airplane would have never crashed and this woman would have never died.

This wasnt exactly an act of God or some totally random event.

Like i said, shooting in the dark. I dont know anything about law.




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Here's a bigger question: Is justice served and society made more safe by bringing a criminal complaint against the kid?

 

[deadstick]

Oh but a civil case isn't out of the question.

 

[Avgirl]

Oh but a civil case isn't out of the question.

Civil cases are never out of the question. But, is it worth it for the small amount of money you might get if successful? It was just a tragic accident and not intentional.

 

[hook_dupin]

Civil cases are never out of the question. But, is it worth it for the small amount of money you might get if successful? It was just a tragic accident and not intentional.

This.

I don't see much of an asset base in a banner tow company or the kid pilot to extract damages from. I predict a settlement that is capped at the per-person limits of insurance.

 

[Roger Roger]

So my first thought (after sadness for the victim) was whether this qualifies as negligent homicide. A commercial pilot running out of fuel? I could see arguments either way.

Fate is the hunter, it could happen to you, just blammo! One day you run out of gas.

 

[deadstick]

Civil cases are never out of the question. But, is it worth it for the small amount of money you might get if successful? It was just a tragic accident and not intentional.

You can read in the company's statement that they're trying to distance themselves from the pilot. Of course you won't get anything from the kid, but he'll be named along with the company (the deepest pockets).

 

[SFLAX]

Insurance on the plane, plus the business insurance has some liability payout. Heck, back in the day people would run out of fas and sue the manufacture and win.

 

[FlyingAccountant]

Here's a bigger question: Is justice served and society made more safe by bringing a criminal complaint against the kid?

No.

Accidental negligence is rarely prosecuted in the criminal courts absent any other aggravating factors. It's the same reason you don't get charged with murder because you ran a red light in your car and killed someone, for example.

Sometimes accidents are just accidents.

 

[ahsmatt7]

Here's a bigger question: Is justice served and society made more safe by bringing a criminal complaint against the kid?

I honestly dont care what happens to the kid in terms of the court system. I was merely asking a question for my own knowledge going forward. I was just trying to educate myself on the matter.

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[dustoff17]

That would be too much of a stretch. No prosecutor would touch that. Unfortunately, it was just a case of being at the wrong place at the wrong time. A tree falling could have done the very same thing.

Here's a bigger question: Is justice served and society made more safe by bringing a criminal complaint against the kid?

For the sake of discussion, let's state that this is a 19 year old that is showing off, driving at a high rate of speed, and hits the power pole. High voltage line falls and kills bystander.

Both this car crash and the airplane crash could be classified as "accidents". However, one big element in an "accident" is that the end result was unforeseeable. Clearly in both this plane crash and the car crash example, the end result is not only foreseeable but almost expected based on common knowledge.

These type of cases are tried all the time and there is a common acceptance that justice IS served and society IS made more safe by pursuing a criminal charge.

IMHO - An argument could and should be made that the level of carelessness, recklessness, and blatant disregard for proper etiquette (towing company policies with regards to flight time and fuel management) and procedures (FARs) displayed here warrant criminal pursuit.

Sad deal for all involved...ESPECIALLY family of woman killed.

No.

Accidental negligence is rarely prosecuted in the criminal courts absent any other aggravating factors. It's the same reason you don't get charged with murder because you ran a red light in your car and killed someone, for example.

Sometimes accidents are just accidents.

Hard to argue that you "accidentally" ran out of fuel when fuel and fuel management is such a HUGE point in all aspects of flying beginning from day one of lessons.. Baring an in-flight emergency, it's hardly a valid defense. IMO

 

[SFLAX]

91.13, the FAA might have a case. We know the FBI won't over careless and reckless.

 

[Avgirl]

You can read in the company's statement that they're trying to distance themselves from the pilot. Of course you won't get anything from the kid, but he'll be named along with the company (the deepest pockets).

My point is that there are damage limits on civil cases. It doesn't matter whose responsibility it is, and for the record, that company is being a jerk separating themselves. Deep pockets don't make a difference in civil cases.