Aviation Law Monitor : Aviation Lawyer & Attorney : Michael Danko Law Firm : California Airplane & Helicopter Crashes : Aviation Law Monitor

Emergency Medical Services helicopters don’t get paid for being on call. They earn money only when transporting patients. But, when they do transport a patient, they are paid well -- up to $20,000 per trip.

The business model has worked out well for the industry. In fact, the number of EMS helicopters in service has quadrupled since 2002. But since an operator doesn’t get paid unless the helicopter carries a patient, there’s an incentive to fly the mission regardless of how adverse the conditions. And because operators are paid the same rate no matter what equipment they use, operators tend to use older helicopters, and to run them as inexpensively and as ill-equipped as possible.

Not surprisingly, the EMS helicopter fatal accident rate is, when compared to other forms of commercial aviation, off the charts.  In fact, with a crash rate that is 6000 times that of commercial airliners, flying an EMS helicopter is the second most dangerous job in America. Only working on a fishing boat is riskier.

Some of the reasons why EMS helicopters crash: 

• Weather.  Inadvertent flight into clouds or fog can cause the pilot to become disoriented and lose control of the aircraft. Thunderstorms can bring a helicopter down in seconds. While accurate weather information is available for airport destinations, it is a rare commodity for the off-airport locations that EMS helicopters typically service. The lack of accurate weather information, coupled with economic pressure to complete the mission, takes a toll.

• Unprepared Landing Sites. Helipads are designed so that there are no wires, trees or other obstacles for the helicopter to hit during landing or takeoff. The ground is firm and level so that the helicopter won’t roll over when it touches down.  But when responding to a call, EMS helicopters accept landing sites that have been neither surveyed for hazards nor otherwise prepared for helicopter traffic.

• Terrain.  EMS helicopters crash into mountains, ridges, and hillsides with some regularity. Most of those accidents happen when it’s dark, foggy, or cloudy. “Controlled flight into terrain” is a leading cause of EMS helicopter crashes.

• Mechanical Failure.  Rotor blades come off, engines fail, and pilots lose control of EMS helicopters due to defective parts or maintenance.

• Crew Fatigue.  Almost half of all EMS helicopter crashes take place on the “back side of the clock,” meaning the eight hours between 10 p.m. and 6 a.m. This is the most dangerous time for EMS helicopter operations. Fatigue and darkness are a deadly mix.

In Part II ("Golden Hour and Other EMS Myths"): With names like “Angel Flight,” “Mercy Flight,” and “Life Flight,” the EMS helicopter companies market themselves as indispensable life-savers. Is this just marketing hype, or are the benefits of helicopter transport really worth the risks?

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Steve Wilson argues that there are safety issues with Cirrus airplanes. First, Wilson feels that the Cirrus is more prone than your typical Beechcraft to crashes in which the pilot loses control of the aircraft while maneuvering. Second, Wilson feels that the Cirrus is more susceptible to crashes involving inadvertent encounters with icing conditions.

Of course, the NTSB chalks up both of these types of accidents to pilot error, not to a fault in the

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Robinson Helicopter Company has long touted the crashworthiness of its helicopters. An excerpt from Robinson Safety Notice SN-10, which dates back to 1982:

The R22 and R44 have demonstrated excellent crashworthiness as long as the pilot flies the aircraft all the way to the ground . . .The ship may roll over and be severely damaged, but the occupants have an excellent chance of walking away from it without injury.

That’s turned out to be not quite true. Sure, occupants may survive the initial rollover without injury. But because of the way it is designed, the helicopter is prone to catching fire and burning the occupants before they have a chance to get out.  There has been a string of such accidents, the most recent being the September 16 Robinson crash at Mammoth, California.

The R44 helicopter involved in that accident, N2153S, experienced a problem on takeoff.  The pilot "flew the aircraft all the way to the ground," just as he was supposed to. When the helicopter touched down, it rolled over.  As advertised, the two occupants survived the rollover uninjured.  But almost immediately, fuel rushed into the cabin, a fire erupted, and both occupants were badly burned.

As I explained here, there is no reason for an occupant to be burned in that sort of mishap. Technology has existed since the 1970's that can almost completely eliminate post-crash fires in otherwise survivable helicopter accidents.  The technology is not particularly expensive, fancy, or heavy.

In the case of the Robinson helicopter, the biggest problem is the aircraft's transmission. In any type of rollover accident, the transmission can puncture the fuel tank. The fix is simple: replace the rigid fuel tank with a soft bladder tank that won't rupture. 

Robinson has known about the problem for years.  But instead of fixing it, Robinson tried to dodge liability by putting the problem back on the owners. While continuing to tout the aircraft's crashworthiness, in 2006 it posted on its website a "safety notice" advising that anyone flying in one of its aircraft should wear fire retardant clothing head-to-toe.

To reduce the risk of injury in a post-crash fire, it is strongly recommended that a fire-retardant Nomex flight suit, gloves, and hood or helmet be worn by all occupants.

Robinson didn't seriously expect any occupants to wear that kind of clothing.  It's hot, uncomfortable, and generally inconvenient.  The "strong recommendation" was strictly a "CYA" move.  If Robinson was serious about it, it wouldn't have posted on its website pictures of people flying Robinson helicopters in shorts and t-shirts. (One such picture right.)  Rather, it would show everyone wearing head-to-toe Nomex. But that sort of "advertising" would kill sales.

The unnecessary burn injuries continued. Finally, in December 2009, Robinson conceded that there was indeed a better way and announced that all new R-44’s will be equipped with bladder tanks.

In a continuing effort to improve the R44 fuel sytem’s resistance to a post-accident fuel leak, current production R44s now feature bladder-type fuel tanks, flexible fuel lines and other modifications.

Great news. But what about the thousands of Robinson helicopters produced before last December without bladder tanks?  They are, without a doubt, defective.  The defect has caused, and will continue to cause, needless burn injuries.  The defect and the resulting injuries are Robinson's responsibility.

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 In 1996, a ValuJet MD-80 went down in the Florida Everglades, killing all 110 on board.  The cause of the crash was ultimately traced to oxygen generators, which had been removed from service and improperly secured and loaded into the plane's cargo hold. 

The FBI became involved early on. Various players were charged with, among other things, criminal conspiracy to falsify records and violations of regulations concerning hazardous materials.

That turned out to be a bad idea. As soon as the FBI came on scene, witnesses clammed up. Many refused to talk unless granted immunity from prosecution. The NTSB’s work came, to some extent, to a standstill.  

The lesson learned from the ValuJet crash was that, after an accident, determining the cause of the crash so that others can be prevented should be paramount. Meeting that objective requires a free flow of information.  Except in the most egregious cases, aviation accidents should not be the subject of criminal proceedings.  

On Monday, a French court convicted a US mechanic of involuntary manslaughter in connection with the July 2000 crash of the Air France Concorde. The details of the charges against the mechanic are here. Regardless of whether it sticks on appeal, the guilty verdict will negatively impact aviation safety for years to come. 

The verdict will result in no additional compensation for the Concorde families. Nor will it bring about any additional improvements in industry maintenance practices. As discussed here, those improvements happened long ago as a result of the civil lawsuits. All that the guilty verdict will do is cause those involved in future aviation accident investigations to assert their 5th amendment right to keep mum for fear of criminal prosecution.  That will make it only more difficult to determine the cause of an aviation accident, and to bring about the changes necessary to prevent similar accidents from happening again.

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The NTSB hasn't yet released its probable cause finding concerning the Pilatus crash at Butte, Montana that killed the pilot and his 13 passengers.  But it has just made public its “docket.”  The docket sheds some light on what may have been happening in the cockpit in the minutes leading to the crash.

The flight was bound for Bozeman. Suddenly, the pilot diverted to Butte, which was only marginally closer.  Though the pilot never explained the reason for the diversion, the docket suggests that the

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We've filed suit against Los Gatos real estate broker Karen Trolan (pictured), her husband Steve Trolan, and their company, Trolan Enterprises, as a result of the September 2009 plane crash that left the Trolans' passenger, 14 year-old Marilyn Mitchell, seriously injured. 

The Trolans were headed from Truckee Tahoe airport to San Jose. They needed very little fuel for the short flight. But fuel was a few pennies per gallon cheaper in Truckee than in San Jose.  The Trolans decided to fill the tanks of their single-engine Cessna 206 to the tops.

When departing a high altitude airport such as Truckee, that's a very dangerous thing to so. As discussed here, the combination of thin air and a heavy aircraft can dramatically compromise the aircraft's ability to climb. After takeoff, the aircraft will ride briefly on the cushion of air that exists between the plane's wings and the runway, and then crash.  And that's exactly what happened.

The NTSB's preliminary report confirmed that the Trolans' tanks were indeed full when they attempted to take off.

The crash was caused by pilot error, plain and simple.  Yet, the Trolans have turned their back on Marilyn and her family, leaving them to fend for themselves. The Trolans have yet to pay any of Marilyn's medical bills, which continue to mount.

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