The link below to the BMJ states that 70% of aviation accidents have human error at the root.
But what is remarkable is:
The US Institute of Medicine estimates that each year between 44 000 and 98 000 people die as a result of medical errors. When error is suspected, litigation and new regulations are threats in both medicine and aviation.
A rush to institute legal proceedings is therefore entirely predictable. Sigh.
On error management: lessons from aviation -- Helmreich 320 (7237): 781 -- BMJ