What are some examples of pilot error with criminal negligence? I’m having a hard time understanding why pilot error technically can’t be criminal negligence all the time? So I’m curious to find out some examples of this exact scenario, and how investigators determine if ones negligence is punishable by law.
In the US, negligence would imply willfulness. Errors and accidents don’t imply willfulness nor negligence. That’s the difference between a death caused by an automobile traffic accident due to weather and one caused by a drunk driver. The latter is criminally punishable. The willfulness to do something wrong or not do something right is negligence. Making a decision that an average person would consider reasonable should not be prosecuted. Even if it is the wrong one.

The converse of making a reasonable decision in the case of flying would be to willingly fly the aircraft in a manner beyond the pilots capability or legal competency. If the pilot is not certificated and current, or flying the aircraft into a situation for which it is not certificated could be considered as negligent. The pilot had to do so due to an emergency, that would be a different story.

The same is true regarding intent. If your intent was to break a law, rule, or regulation (even if you did not know there was a law, rule, or regulation regarding your actions), that is criminal. A prosecutor or FAA official can even argue for the criminality of breaking a recommendation, best practice, or commonly accepted procedure if your actions led to an accident, injury, or fatality.