When a Plane Lands on the Highway: Who Is Legally Responsible?

An emergency aircraft landing in Prince George ended tragically when the plane collided with a vehicle on the roadway, killing a person inside. In Episode 466 of Driving Law, Kyla Lee and Paul Doroshenko examine what happens when an aviation accident also becomes a road collision.

The collision raises an unusual question about who is responsible for investigating an incident that falls across both aviation and driving law. Kyla and Paul discuss how there could potentially be three parallel investigations. The Transportation Safety Board can examine how the accident happened and identify aviation safety issues, while Transport Canada can investigate possible violations of aviation legislation and regulations. The RCMP can separately investigate whether any Criminal Code offences occurred.

There are also difficult questions surrounding the emergency landing itself. A pilot facing an emergency has to find somewhere to bring the aircraft down, but in this case the landing took place on a roadway occupied by motorists. Determining what happened and whether anyone bears legal responsibility will depend on the circumstances leading up to the collision and the evidence gathered by the investigating agencies.

The incident also creates an interesting question under BC’s no-fault insurance system. The province generally restricts lawsuits arising from vehicle accidents, but an aircraft is not a motor vehicle. Kyla and Paul discuss whether that distinction could leave open the possibility of a civil claim and how issues such as negligence and causation could become important in determining responsibility.

Finally, the Ridiculous Driver of the Week comes from a high-speed police chase involving a dirt bike rider. During the pursuit, the rider managed to stop at a gas station, apparently pay for fuel and then take off with the hose still attached. He continued the chase while using his phone and later collected a jug of gasoline that appeared to have been left for him in a field before police eventually caught him.

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