I guess echoing previous statements, I'd have to say that I also believe the (accused) criminal shouldn't be held responsible. Since people have been using the example of police cars having an accident while chasing a suspect I guess I'll use that one too. There is an implicit assumption that if you are being chased by the cops they may be forced to try to apprehend you by driving dangerously themselves. If the cops should happen to have an accident, then, while perhaps unfair and random, it seems socially just that the criminal should be held accountable in that case.
On the other hand, I wouldn't assume that a helicopter has to incur considerable risk while chasing a car. In fact, I don't understand why you would need two helicopters to chase one car, or however many there were. So in this case I wouldn't consider the criminal at fault.
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