Criminal cases are brought to court by a prosecutor and may involve jail time and other related fines and penalties. They are distinct and separate from civil suits that are brought by one private person against another to recover monetary damages. In most cases, a commercial aviation accident won't result in criminal liability because an existing system is already in place to handle aviation accidents and federal regulation violations. In certain situations, however, where the violation is flagrant, intentional, or causes an amount of damage considered to be criminal, it can be possible for criminal liability to be held against the responsible parties.
What are the rules governing criminal liability and aviation accidents?
While aviation accidents aren't usually a criminal matter, legal precedent suggests they can be. In July of 1999, criminal indictments were handed down against SabreTech, Inc., a company charged with improperly handling the oxygen canisters that contributed to a 1996 Valujet crash in the Florida Everglades.
Criminal sanctions can also be pursued by the federal government in cases where an airline has consistently and intentionally failed to comply with federal regulations or in cases where pilots are found to have used drugs or consumed alcohol before flying.
Other examples of egregious behavior may also subject an airline or airline personnel to criminal liability. For example, if an airline willfully allowed a damaged plane to fly, or otherwise let a plane fly under unsafe conditions, they could potentially be held criminally liable because of the intentional nature of their actions. The extremity of the violation could also be considered a violation of the criminal code.
If you believe that the particular circumstances of an aviation accident might lead to criminal liability, you should speak to a lawyer experienced in aviation law. Because of the complications of the laws, the combination of federal and state regulations, and the factors that can vary based on the conditions of any particular accident, aviation law can be very complex, and the advice of a professional is highly recommended.