Well, unless the person intentionally turns a transmitter on, it's an accident. Careless, and stupid, yes, but nevertheless, it's an accident.

I gave an example of one such instance I observed in post #9. Here's a guy that didn't intentionally start out to make a mistake, but did so anyway. He accidentally grabbed the wrong transmitter[/b], turned it on, then put it back, still turned on.
Is he "negligent". Yep, perhaps. Was it intentional? Nope.

Just to add a bit of perspective to this conversation, I haven't seen, nor heard of any such incident (shoot-down) in a few years.
Just luck here I guess.