San Francisco Injury Lawyer Blog

Serving as a law firm for Oakland auto accident victims, the Brod Law Firmour team is keenly aware of the dangers of drunk driving in Oakland and throughout Northern California. We have seen too many innocent residents injured by a driver who chose to ignore the law and show disregard for safety by getting behind the wheel of a car after consuming alcohol. While we are proud to serve victims, we are saddened by every needless accident. Despite police crackdowns and education campaigns, drunk driving remains all too common.

Given their frequency, DUI incidents don’t always make the news but The Oakland Tribune reported this week on an unusual twist on the mix of alcohol and vehicle operation – drunk flying. The air operations division of the California Highway Patrol noticed a small plane flying erratically during the afternoon hours of Tuesday January 2, 2012. In violation of federal aviation regulations, the plane flew as low as 50 feet from the ground and a mere 100 feet from highway traffic. The CHP used the plane’s tail numbers to identify the plane which was registered in Pennsgrove. When the pilot landed at the Petaluma Municipal Airport, authorities approached and immediately noted the smell of alcohol on the sixty-two year old pilot’s breath. After administering field sobriety tests, the CHP arrested the pilot on suspicion of flying while intoxicated.

The Federal Aviation Administration reports a significant increase in serious pilot errors when the pilot’s blood alcohol concentration (“BAC”) is above 0.04% and a decline in flying skill with levels as low as 0.025%. This is significantly lower than the 0.08% BAC level that constitutes a DUI for a California driver. In recognition of the risks posed by an incapacitated pilot, federal regulations prohibit flying within eight hours of alcohol consumption or when the pilot has a BAC above 0.04%. The FAA recommends even greater caution, suggesting that pilots refrain from drinking alcohol for twenty-four hours prior to takeoff. FAA material also caution that hangover symptoms can significantly impair skills even if the pilot’s BAC has returned to a legal range.

Flying is generally one of the safest modes of transportation but a plane is only as safe as its pilot. While an intoxicated pilot would hopefully be identified at a larger facility, it may be significantly easier for a private pilot to step into the cockpit while under the influence of alcohol. A pilot whose reflexes are dulled by alcohol could pose a risk to countless innocent bystanders. The Brod Law Firm team has the experience necessary to help aviation accident victims in Northern California.

If you or a loved one has suffered an injury due to someone else’s negligence, please contact our Oakland personal injury attorney. Our law firm always offers a free consultation to discuss your unique case. Most of our personal injury cases are handled on a contingency basis so there is no fee for our services unless you recover compensation for your injuries.

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Perhaps it is because air travel is generally among the safest modes of modern transportation that Northern California aviation accidents capture our attention. Plane accidents, such as one recently investigated in our region, are often tragic. The aftermath of an aviation accident requires intense investigation by both industry and legal experts. While some plane crashes go unexplained, often one or more causes can be identified. With the guidance of a skilled San Francisco plane accident attorney, victims in our region can pinpoint the parties and fault and recover compensation for their losses.

Tuesday’s San Francisco Chronicle provided an update on the crash of a small plane in February 2010. Doug Born held both a commercial pilot’s license as well as a flight instructor license. He was piloting a Cesna 310, with his colleagues Brian Finn and Andrew Ingram onboard, when the plane collided with high-tension wires and a sixty-foot transmission tower. All three of the men were killed when the plane broke into pieces after impact. While these losses are tragic, it is fortunate that the disaster was not compounded by injuries on the ground when pieces of the plane fell in a residential area of East Palo Alto that included a home-based day care.

The National Transportation Safety Board (“NTSB”) is the federal organization tasked with reviewing aviation accidents. Last week, the NTSB concluded their investigation into the crash and attributed the incident to the pilot’s actions. They found that the plane was in working order, citing recordings that showed the propellers were operational and other related evidence. The NTSB noted that the control tower had warned Born against taking off during heavy fog. The tower released the plane but cautioned Born that the controller could not see the runway and that the pilot was operating at his own risk. Additional comments in the report show the NTSB concluded that Born failed to follow proper and standard departure procedures and also did not maintain the altitude necessary to avoid the power lines. The Chronicle story further references recordings of witnesses watching the crash and notes that the incident was also captured by the Palo Alto’s gunfire detection system.

Acidents involving large airlines garner big headlines, but the vast majority of plane accidents, like the East Palo Alto crash, involve smaller planes. Pilot error is among the most common causes of accidents but other causes do exist. Determining legal fault involves analyzing all possible factors in the accident such as potential airplane defects, improper care or servicing of the plane, and policies of aviation companies that may have contributed to the tragedy. Legal fault is a complex analysis. An experienced San Francisco airplane crash lawyer can help guide victims through the process.

While the NTSB investigates crashes, it is crucial that those who are injured, lose a loved one, or suffer property damage retain a skilled San Francisco aviation accident lawyer. In the aftermath of an aviation accident, our team can help review all associated reports and retain qualified experts to help victims prove liability. We can ensure that the all proper parties are included in a lawsuit so that the victim does not suffer when parties try to pass the blame. It is crucial to obtain legal counsel before signing any agreements related to the incident, including papers that may be presented by an airline, by counsel for a pilot, or by an aviation-industry company.

If you were the victim of an airplane accident in the Northern California region, please contact our team for a free consultation to determine your legal rights.

See Related Blog Posts:
San Francisco-Oakland Personal Injury Attorney Comments on Aviation Accidents

Oakland-San Francisco Attorney Comments on Muni Safety

Despite the statistics showing air travel to be one of the safest modes of transportation, air travel is not a risk free mode of tranportation. In fact, as air travel increases, the risk of an aviation accident also increases. It is worth pointing out that aviation accidents actually occur more frequently than publicized, though many are minor and don’t result in injuries. At the same time, however, aviation accidents can sometimes result in serious injuries, or even the dealths of hundreds of passengers, especially after impact with a body of water or treacherous landscape.

Just today, the government has decided to order emergency checks of certain older model Boeing Co. 797s for the kind of fatigue cracks that prompted Southwest Airlines Co. to cancel hundreds of flights after one of them made an emergency landing last Friday due to a hoe in its fuselage. The order will cover 175 planes worldwide. Most of the planes that need checks are in the United States and flown by Southwest. Thankfully the incident did not lead to a serious accident. The plane was able to land in one piece with no injuries reported. If that Southwest flight had ended catastrophically, figuring out the liable parties would have been an extremely challenging job.

Determining responsibility after an aviation accident is usually a complex process, involving numerous parties, such as the pilot, air traffic controllers, equipment manufacturers, and so on. As a result, all civil aviation accidents are investigated by the National Transportation Safety Board, an independent agency responsible for investigating aviation accidents and publishing reports based on its findings. Depending on the cause of the accident, the liable party could include the owner operator of the airplane, the manufacturer, the parts or maintenance suppliers, or the federal government. When the government is liable for aviation accidents, it is subject to special rules and regulations. However, most aviation accidents are subject to general aviation law as determined by state and federal authorities, regardless of responsibility.

Individuals who have been injured in an aviation accident may be eligible to seek compensation for their losses, including lost wages and earning capacity, pain and suffering, medical expenses, etc., through an aviation lawsuit. Those who have been injured as the result of an aviation accident should seek the early advice of an attorney, as all aviation lawsuits are subject to a statute of limitations, which restrict the time an individual has to file a claim. If you have lost a loved one suffered an injury in an aviation accident, it is important for you to know your legal rights. Please contact us today for a free consultation so that we can help you understand your legal rights and options.