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Aviation
accidents can involve commercial, private, or military aircraft. The
issues are generally complex and require extensive investigation. For
example, on September 8, 1994, about 1903:23 eastern daylight time,
USAir (now US Airways) flight 427, a Boeing 737-3B7 (737-300),
N513AU, crashed while maneuvering to land at Pittsburgh International
Airport, Pittsburgh, Pennsylvania. Flight 427 was operating under the
provisions of 14 Code of Federal Regulations Part 121 as a scheduled
domestic passenger flight from Chicago-O'Hare International Airport,
Chicago, Illinois, to Pittsburgh. The flight departed about 1810,
with 2 pilots, 3 flight attendants, and 127 passengers on board. The
airplane entered an uncontrolled descent and impacted terrain near
Aliquippa, Pennsylvania, about 6 miles northwest of the destination
airport. All 132 people on board were killed, and the airplane was
destroyed by impact forces and fire. Visual meteorological conditions
prevailed for the flight, which operated on an instrument flight
rules flight plan.
The
National Transportation Safety Board determined that the probable
cause of the USAir flight 427 accident was a loss of control of the
airplane resulting from the movement of the rudder surface to its
blowdown limit. The rudder surface most likely deflected in a
direction opposite to that commanded by the pilots as a result of a
jam of the main rudder power control unit servo valve secondary slide
to the servo valve housing offset from its neutral position and
overtravel of the primary slide.
The
safety issues included, in part, the Boeing 737 rudder malfunctions,
including rudder reversals; the adequacy of the 737 rudder system
design; unusual attitude training for air carrier pilots; and flight
data recorder (FDR) parameters.
The
National Transportation Safety Board, which investigates about 2,000
aviation accidents and incidents a year, was established in 1967 to
conduct independent investigations of all civil aviation accidents in
the United States and major accidents in the other modes of
transportation. The Safety Board has no regulatory or enforcement
powers. To ensure that Safety Board investigations focus only on
improving transportation safety, the Board’s analysis of
information and its determination of probable cause cannot be entered
as evidence in a court of law.
From
their investigations, the Safety Board can make
recommendations to involved parties and agencies. Those injured in
aviation accidents may
also pursue legal claims against the responsible parties. Civil claims can afford injured persons
or their families’
compensation for their injuries, pain and suffering, and other loses.
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When,
where, and what were the circumstances of the accident?
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Was
there a design or structural problem?
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Was
there a systems problem?
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Was
there a power problem?
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Was
there a human performance problem?
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Was
there a fire and explosion?
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Was
there a meteorological factor?
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What
information does radar data, flight data recorder and witness
statements, among others information indicate?
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Was
there any criminal activity?
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Could
it have been prevented?
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Was
there a NTSB investigation the accident?
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Did
the FBI investigate the accident?
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Does
the accident involve a wrongful death claim? Was there an autopsy?
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For
survivors, what are the nature and extent of all injuries?
Aviation
legal
claims can involve complex legal,
technical, and safety issues. It is important that an experienced
legal team evaluate all aviation accident claims. If you, a friend, or
loved one are hurt in an accident, you should take immediate steps to
protect your or their interest. Do not compromise your rights by
making statements to the press, insurance investigators, potential
defendants, their representatives, and do not sign anything. Consider
the suggestions in our accident guide, and call us immediately. We
are here to help. At Larry King, P.C., we recognize the unique issues
pertaining to accident claims. You can call us at (757) 595-8100 seven days a week, 24 hours
a day, everyday of the year. We also offer a free legal-infoline
service, and you can now contact us on this web site by using the
following Personal Injury Contact form. We are committed to doing the extra
things it takes to help our clients.
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