The pilot is deemed at fault, but he usually isn't fired or heavily fined for the accident unless it was a flagrant violation (like he was trying to join the 410 club and core locked the engines). The passengers don't sue the pilots.
> Well, I was referring primarily (and in the referenced link) to fatal accidents. Usually it's a bit harsh to punish one of the most likely fatalities.
Aside from being harsh, its usually also, you know, impossible.
