Claris Law Legal Blogging Community

Editor: James T. Crouse
Profession: Aviation Accident Attorney

Category: Helicopter Crashes

There is a phenomenon called the "golden hour" - the first hour after an accident in which receiving hospital care is vital and greatly increases the victims chance of survival. This is where medevac helicopters are invaluable - some services are even called "Flight for Life" because that is exactly what the transport is. The brave men and women who put themselves in these highly stressful and often times dangerous situations due to weather and other conditions to save a human life deserve all the support we can give them - especially the security of knowing they are flying safe aircraft. They deserve the latest technological advances and safety regulations available today.

Yet, it turns out the medical helicopter crash in Maryland did not have TAWS - terrain awareness and warning system - which has been cited by experts as necessary/urgently needed on such aircraft as these. In this recent crash the helicopter was the same make, Eurocopter, as the one in January 2005 that crashed into the Potomac River. The increasing number of incidents involving helicopter evacuation operations is alarming and should bring the dangers to the attention of the powers that be to better equip these metal angels of mercy.

In a published response to the Maryland crash, Jim Hall, a former chairman of the National Transportation Safety Board, said he was "deeply saddened [but] not shocked" by the accident. He cites government's laissez faire attitude toward regulating the industry as jeopardizing the safety of these flights every time they're called upon.

Frieda wonders if action will be taken only when it comes too close to home for those who regulate the industry. Knowing a loved one has been in a serious accident, is critically injured, then relieved to know that person has been airlifted to safety - only to learn their very lifeline has crashed and all on board have been killed - would be devastating. Is this one of those things which "happen to other people" and is not a priority unless it happens to those who make the rules? Is it the helicopter manufacturers who don't want to pass on the additional cost to their customers? Or is it the customers - the ones who purchase the choppers for the purpose of saving lives - who don't want to pay for the extra technology in an effort to keep costs down? What is the value of human life vs. the cost of TAWS of any other system needed to make these flights safer?

In a 2006 report released by the NTSB which found 29 of the 55 EMS accidents between January 2002 and January 2005 could have been prevented. These accidents killed 54 and injured 18 seriously.

The NTSB identified four recurring safety issues:

• Less stringent requirements for EMS operations conducted without patients on board.

• A lack of aviation flight-risk evaluation programs for EMS operations.

• A lack of consistent, comprehensive flight-dispatch procedures for EMS operations.

• No requirements to use technologies such as terrain awareness and warning systems to enhance EMS flight safety.

The NTSB investigates and makes recommendations, it is the FAA that must act.

"We understand the NTSB safety recommendations, and we agree with all of them," said Jim Ballough, director of the FAA's flight standards service. "We also understand that rulemaking takes a long time," he said.

WHY???? Lives are being lost at an alarming rate and the FAA says "rulemaking takes a long time" !!!!

The FAA rule making process is little comfort to those who have lost loved ones in such crashes and how high will that number grow until their "rulemaking" completes it's untimely and inadequate journey? And what about the companies who fly these aircraft? They have access to the NTSB reports - they could take the initiative to upgrade to protect their pilots and patients. Whatever the reason/cause/excuse, the FAA needs to act and to act now - to insist on the safety and technological upgrades needed to prevent what was to be a lifesaving mission from becoming a deadly crash. There need to be no more reasons not to put these measures into place and no more excuses why it can't be done. It can.