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If civil law in the US is as harsh as this... cripes
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The word isn't harsh, it's 'ridiculous'. The US's civil law is ridiculous. (Reference burglars falling through skylights and filing suite)
If they're not acting on behalf of the police, and they crash, it's not the guy-who's-running's fault. He could in no way figured out a way to force the two helicopters (that he probably didn't even know about) to crash.
If they were in some extension of the police, then consider this situation. A person is running from two police officers on foot. Both officers have their guns drawn. One police officer accidently shoots and kills the other officer. That's not the running man's fault, that's incompetance.
Don't get me wrong, I'm all for sticking as many charges as possible onto criminals. Such as when a person mugs someone with a heart defect and gives them a heart attack - I'd be up for charging them with murder. But this situation was caused by pilot error, nothing more.