Will the Mid-Air I survived, Kill me?

[bigD]

John - thanks for posting this. I know you came here just to get an answer, but your situation serves (at least to me) as a reminder of what can happen even when you think you're doing everything right. I kind of thought back to my last couple of VFR flights and thought of all the times my head was buried in the cockpit when it should be looking outside. Programming the GPS - futzing with the radar, and so on. It's so easy to do, and when I fly this weekend I'm going to write "LOOK OUTSIDE" on a sticky note and place it right in the middle of my scan.

I bet the note will catch me more than a few times paying too much attention to the gauges. I think I sometimes have the tendency to have the 'big sky' attitude when out of a terminal area and let my guard down a little. Your NTSB report was a heavy dose of reality.

Well man, I feel for you. Good luck with it all.

 

[John Hucklebery]

follow up

Thanks for all the great replies. You guys have given more hope and things to think about than any of the lawyers I've spoken with.

In regards to the investigation process, yes, I have received a letter of investigation and replied and they have given me a letter of proposed action with a violation of Failure to see and avoid, and Careless and Reckless operation. The informal is to be scheduled in a couple of months. My lawyer isn't giving me much hope in getting the violations wiped off. REAL BUMMER. I'm going to beg if I have to and see if they can at least remove the word reckless, b/c obviously if I hit someone I guess legally you could say I was careless, even though I personally don't believe I was. But I was definitely never reckless, no way.

You know being so young I guess I always expected that if you act the right way in the cockpit, and always try to be a good intentioned person that things would be taken into account if something happened. Well I've got to tell you, lawyers don't care. To them they think they can win the case based on the evidence and regardless of how many people say I'm a good instructor or what I'm willing to do, doesn't matter. I've even offered to give seminars on avoiding mid-airs, or write a column for FAA aviation Safety magazine. Isn't that a better way to serve aviation then to give me a violation and go on? Isn't the idea for me to learn something from what happened? What do I learn from having my career damaged. I know I sound like a winer, you'll have to excuse that. And you're definitely right about leaving that comment of "others get off with a warning" out of any interviews. I just wish I new a tactful way of saying, look guys I'm not a bad pilot, something screwy just happened, give me a chance and I'll prove it.

 

[501261]

Those $%^&*# bloodsuckers! Of course they'll tell you that there's no way that you can get off. It's the smart thing for them to do; if you lose they take your money and say "see there was nothing I could do." On the other hand if you win or get a reduction of sanctions they will tell you that only a lawyer of their skill was able to get you off and all those billed hours was worth it.

Since the inspector has gone ahead and charged you with 91.113 I would go ahead and accept it and try to get it suspension reduced to 10 days (its off your record in 5 years) or less or maybe they'll even accept a fine. Hell you had midair, can't really get out of that unless you call Johnny Cochran.

On the other charge of 91.13, which is it careless or reckless? Remember they are two separate violations. I don't think you were either and it would be hard to prove. You mentioned earlier that you looked down for a second; I would try NOT to mention that again. It is entirely possible to be scanning for a target and not see him! It happens all the time, the only thing is, you do not know it has happened unless you are equipped with TCAS and the other traffic has a working Mode C. I would suggest to your defense should be centered on that. Pilots that fly TCAS equipped aircraft, especially in busy VFR airspace, will be the first to tell you, that you don't see a majority of the traffic the TCAS is showing. I know from first hand experience that archers (or other small singles) are almost impossible to see unless they are within the 3 mile audible "Traffic, Traffic" alert area and then you still might not see them.

 

[TDTURBO]

How did you guys find the synopsis? I used Beech as type aircraft and querried "midair" plus a million other combinations. What am I doing wrong

 

[bigD]

Use "Beech" as the type, "55" as the model, and narrow the search to this year. Use the defaults for everything else, and you'll get 4 results. It's the 3rd one down.

 

[TDTURBO]

Thanks BigD, I found it.

 

[LJDRVR]

Hey John,

Thank you so much for having the cajones to post what happened to you. Most aviators are content to hide their skeletons from everyone, including themselves. As a result, nobody gets the opprtunity to learn from what happened. There's an old adage in the fighter community that goes something like: "It's better to die than to look bad." As a pilot and a safety professional, I appreciate your candor.

Concerning your pending violation, I'll try to avoid any barracks lawyering. I think both Andy and 501260 have given you excellent advice. One thing I would do though with so much at stake, is to GET A SECOND OPINION! There are lawyers out there who specialize in pilot/controller deviations. I don't know of any specifically, but call Jerry Eichenberger in Columbus Ohio. Jerry has practiced aviation law since the late 60's, and when I was taking lessons at OSU Airport in the early 80's he had a Commanche and an instrument rating. Very well-thought of guy who, if he can't assist you personally, should be able to steer you towards the right person in your area of the country.

There are probably lots of bitter types on these boards who will tell you you'll never get hired. If you believe them, you won't. If you turn this into a positive experience and learn from it, I think it has the potential to actually help you. Most of us have been much closer to another A/C than we would have liked to be, and there but for TCAS II and the grace of God, go we.

Look at it this way: Orville Wright, Jimmy Doolittle, Glenn Curtis, Tex Johnson, Neil Armstrong, Gene Cernan, Chuck Yeager, Eddie Rickenbacker, Barry Schiff, Richard Bach, Curtis LeMay, Douglas Bader, Antoine De St. Exupery and you all have something in common. (Accident)

Dude, I am so glad y'all are alive! Just keep pluggin' away.

Warm Regards,

DAN

 

[Captain X]

There is a young lady that flies for us....she's in Continental's Pool.

She was involved in a midair where her Mooney had the outer portion of one wing (from about the flap out) sheared off by the rotor of a helicopter. The helo went into the water (all survived) and she managed to nurse the Mooney back to a safe landing.

They figured if she can fly an airplane with 1/2 the wing missing, she can fly a whole 737.

 

[JCJ]

Glad you lived through it. I VERY STRONGLY agree with advice to get a second legal opinion if you can, preferably with an aviation law attorney. See my PM for details.

 

[501261]

John, any word yet on the informal hearing? Enquiring minds want to know.

Some good points brought up regarding getting a second and even third opinion by someone that actively practices aviation law, specifically violations. A lawyer being on the AOPA just does not cut it!