In the second in our Aviation Symposium series of blog posts, we present the materials from the great panel we had discussing the criminalization of aviation accidents.  We were fortunate enough to have renowned criminal defense lawyers, aviation industry union leaders, aviation safety experts, aviation insurers and pilots. 

The panel discussed a number of case studies involving criminal charges against airlines and flight crews as well as the impact a criminal investigation can have for a company whose employees are involved in an accident, particularly overseas.  The panel gave practical advice on how criminal investigations affect the civil investigation process and affect issues such as witness statements, privileged communication, and family assistance efforts.

In the United States, aviation accidents are almost always viewed as just that, accidents.  The same is not true overseas.  Most countries, including those in Europe, often open criminal investigations that run in parallel with the accident investigation.  In some cases, these criminal investigations take precedence over, and interfere with, the civil accident investigation. 

For example, in 2009, Air France flight 447 crashed while en route from Rio De Janeiro to Paris.  Only four days after the accident, and with virtually nothing known about the cause of the accident, French authorities opened a criminal investigation into the crash.  In 2011, a French judge issued criminal indictments for manslaughter against both Airbus and Air France.  While the charges were dropped against Airbus shortly thereafter, the charges against Air France continued until 2019. 

Similarly, in 2005 after the Concorde crash, French authorities brought criminal charges against Continental Airlines and one of its mechanics, John Taylor, as well as charges against Henri Perrier, head of the Concorde program at Aérospatiale; Jacques Hérubel, Concorde’s chief engineer; and Claude Frantzen, head of DGAC, the French airline regulator.  Both Continental and Taylor were found guilty, with Taylor receiving a 15-month suspended sentence.

While criminalization of an accident is still a rare occurrence in the United States, the number of investigations and prosecutions has been increasing.  As a result, even here, the possibility that a criminal investigation may be launched should factor into emergency response plans.  For those wanting more information on the topic, the panel’s presentation materials are HERE.