The legal responsibility for the safety of the flight isn't the passenger's, its the pilot's.
The FAA agrees with me:
Not to mention this little fact:
Lets not forget the drugs and alcohol that were in the pilot's system:
The pilot was breaking multiple regulations and was taking off in an airplane that was "substantially" overweight.
So no Trench, I am not wrong. And please dont lecture me about what piloting decisions I would make.
The FAA agrees with me:
Sec. 91.3 - Responsibility and authority of the pilot in command.
(a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.
Sec. 91.13 - Careless or reckless operation.
(a) No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another.
NTSB Preliminary Report MIA01RA225
The total weight of the luggage, fuel on board at the time of the accident, plus the weight of the passengers showed that the total gross weight of the airplane was substantially exceeded.
(a) The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.
Sec. 91.13 - Careless or reckless operation.
(a) No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another.
NTSB Preliminary Report MIA01RA225
The total weight of the luggage, fuel on board at the time of the accident, plus the weight of the passengers showed that the total gross weight of the airplane was substantially exceeded.
NTSB Preliminary Report MIA01RA225
Preliminary information indicated that the pilot was not approved to act as pilot-in-command in the accident aircraft under 14 CFR Part 135.
Preliminary information indicated that the pilot was not approved to act as pilot-in-command in the accident aircraft under 14 CFR Part 135.
Sec. 91.17 - Alcohol or drugs.
(a) No person may act or attempt to act as a crewmember of a civil aircraft --
(1) Within 8 hours after the consumption of any alcoholic beverage;
(2) While under the influence of alcohol;
(3) While using any drug that affects the person's faculties in any way contrary to safety; or
(4) While having .04 percent by weight or more alcohol in the blood.
(a) No person may act or attempt to act as a crewmember of a civil aircraft --
(1) Within 8 hours after the consumption of any alcoholic beverage;
(2) While under the influence of alcohol;
(3) While using any drug that affects the person's faculties in any way contrary to safety; or
(4) While having .04 percent by weight or more alcohol in the blood.
So no Trench, I am not wrong. And please dont lecture me about what piloting decisions I would make.

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