Women sues FAA?

[dtzl]

Was watching one of those llittle blurbs roll across the CNN screen and one read, "Women sues FAA for 1.4 million over crash of novice pilot killed in mid-air collision."

Anybody know what this is about?

 

[dtzl]

Found It

PILOT'S WIDOW SUES FAA: Last year, two aircraft collided at the
Sarasota-Bradenton International Airport in Florida, causing a fiery
scene and killing four people. Last week, the Miami Herald reported
that the widow of one of those victims filed suit against the FAA,
seeking $15 million in damages, saying the air traffic controllers
were negligent. The families of the three other victims have also filed
lawsuits and also seek damages in the tens of millions. A spokesman for
the FAA declined to comment, according to the Herald.

 

[jetexas]

I remember that crash. It was back in 2000.
Tower cleared a plane to take off and very soon after cleared the plane that was thought to be behind it into pos and hold.
The plane cleared into pos and hold was actually about 1000 feet down holding short. It pulled right out in front of the plane cleared for takeoff and was broadsided.
Sounds to me that, yeah, the tower made a mistake but the plane cleared into pos and hold shoulda been looking as well.

 

[chawbein]

When in doubt refer to rule #1. The Pilot In Command is responsible for the safe operation of the aircraft.

 

[Timebuilder]

That has happened to me, too. There was no accident because we stopped and LOOKED before pulling out.

 

[328dude]

Unfortunatly, for pilots or their families, the playing field is not even when it comes to challenging the federal government or air traffic controllers. By regulation, such cases begin with a presumption that the pilot in command is at fault. This legal presumption has produced a mountain of statistics reflecting "pilot error" as the cause of most aircraft accidents. Likewise, there is a fundamental assumption the neither air traffic controllers not the FAA can be found negligent in cases involving aircraft accidents, since it is already pressumed that the pilot is the one most apt to be at fault.

It's very difficult to to place negligence on part of ATC. The PIC already has the burden of proof placed against him.

THere has been some very extremely rare exceptions though.

 

[328dude]

Along with my above post I found an exerpt from the BASIC AIR TRAFFIC MANUAL (BATM). A reference training manula used back in the 80's by the FAA in instructing newly hired air traffic controllers.

Qoute " A clearence issued by ATC is predicated on known traffic and physical airport conditions. An ATC clearence is an authorization by air traffic control, for purposes of preventing collision between known aircraft, for an aircraft to proceed under specified conditions within controlled airspace. It is not an authorization for a pilot to deviate from any rule or regulation; neither is it permission to conduct unsafe aircraft operations. FAR 91.3(a) states: The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft. If ATC issues a clearence that would casuse a pilot to deviate from a rule or regulation, or in the pilot's opinion, would place the aircraft in jeopardy, it is the pilots responsibility to request an amended clearence. End Qoute.

This paragragh is mostly used by the FAA in cases against them, A get out of jail free card if you will.

A case involving TWA flight 514 in Dullas in 1974. The NTSB found that ATC was in error, but the pilots were ultimitly blamed because of the above paragraph.

ATC has no control on how someone controls their aircaft.