Lawsuit after student solo crash

My CFI had me doing the preflight myself before solo. That's how they did it at that flight school/club. Just part of preparing students.

The flight club topped off the tanks after every flight, so there wasn't much about fuel other than checking for contaminates, well and that it was in fact full.
 
It's kind of a priority checklist that an instructor taught me a long time ago.

A - Airspeed
B - Best landing site
C - Checklist - if impractical FAST
F - Fuel systems
A - Air (Carb heat, mix)
S - Spark, Squawk (Mags, Transponder)
T - Troubleshoot, Talk (Radio)

Hey, I like it! I've used ABC for forever, but I like the FAST addendum. I'll take it!
 
The FAST part is kind of a subliminal message, too - don't dilly dally with the checklist.
 
Thanks for sharing. I like the idea of a checklist item and alternative actions if there isn't time to pull it out.
 
I was talking to my flight instructor about this just the other day the only thing that I can see that the flight instructor would be held liable for is if the poor student was not trained properly in what to do in an engine out situation. If I am reading the report and correct me if I am wrong, but it seems like to me he tried to do the impossible turn to get back to the airport this is a tragedy no matter how you look at it and it sends me that so many little things were not done to save his life.
 
I haven't looked personally, but I have heard that two flight instructors are also named in the suit. Sure hope they have professional liability insurance and plenty of it.
 
A lawsuit filed by Hughes' family targets Cobb-based Asterix Aviation and its parent company, Phobio LLC, for negligence by failing to provide Joe Hughes with an aircraft that was safe to fly.

http://www.wsbtv.com/news/local/law...nk-of-plane-involved-in-fatal-crash/266053828

So Piper, Cessna, Cirrus and all other manufacturers should be sued out of business, because their planes are not perpetually fueled (i.e. not "safe to fly").

After reading such preposterous statements, do you still wonder why everyone thinks lawyers are corrupt and the legal system broken?
 
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Fortunately my CFI spent a lot of time with emergency procedures during training for my PPL. Checklist usage as well.
 
Fortunately my CFI spent a lot of time with emergency procedures during training for my PPL. Checklist usage as well.

Virtually EVERY instructor provides lots of emergency procedures training. The problem is when families blame the instructor when their dearly departed failed to do what he was taught to do. No one would dare say that innocent little Johnny, with his wonderful friends and whole life in front of him, was plucked from the living because he did several stupid things that lead to his own death. Pilot error.
 
There was an off field landing where a guy was just a few mile short of his destination. He had called the FBO the night before and asked for the plane to be topped off. But someone else flew it the next morning for an hour. He took it, assuming he had enough fuel, and didnt. Landed it on a road and wrecked the plane and had some injury to his back.

Don't assume the FBO has topped off the tanks. Verify it.

Sight gauges are the best. You can actually SEE the fuel from the cockpit!
 
So Piper, Cessna, Cirrus and all other manufacturers should be sued out of business, because their planes are not perpetually fueled (i.e. not "safe to fly").

After reading such preposterous statements, do you still wonder why everyone thinks lawyers are corrupt and the legal system broken?
I was waiting for someone to mention the manufacturers' liability. In the end, it is ultimately their fault for providing such "unsafe" aircraft. And they have more money than flight schools so I thought they'd be the first stop for lawyers seeking monetary rewards.
The legal system, IMO, is not too bad. The civil court system, however, is just a big cash cow nowadays. :(
 
And that's why I don't do part 61 primary instruction. It's not worth my primary livelihood. No good deed goes unpunished it seems.
 
The jury will apportion blame based on the story they hear in court, how sympathetic the next of kin are, which attorneys they like better, and which expert they find more believable/likeable. The insurance company knowing that it is a crapshoot with a jury and knowing that the defense will probably cost at least $.5M, will offer a settlement. As it is found money to the next of kin, their fleeting desire to make the world safe for careless kids in airplanes will go out the window as the think about the new RV the money will buy, or put other kids through college, etc.

Cynical you say? Realistic! I have been their and done that as a defense dog.
Same here. Doesn't matter how ridiculously bad a person may have been driving when he or she wrecked his or her car, some parasite plaintiffs' lawyer will extort money from the manufacturer. It's why I'm now a prosecutor. Too often the correct business decision was not to fight.
 
I don't think the CFI should do the preflight INSTEAD of the student... I do believe it would be prudent to do a preflight of the aircraft before the student arrives. The student wouldn't know the CFI did a preflight, but the CFI will have affirmed that the aircraft is safe. Or if the CFI finds a problem, he/she can then test the student by whether or not the student finds the trouble as well... I just don't think that a student pilot should ever be left to his/her own devices (TOTALLY). Its okay for the student to perceive that he/she is, but the oversight of the CFI should always be a fail-safe... IMHO... Though they are technically PIC when they solo, they are still students
 
I don't think the CFI should do the preflight INSTEAD of the student... I do believe it would be prudent to do a preflight of the aircraft before the student arrives. The student wouldn't know the CFI did a preflight, but the CFI will have affirmed that the aircraft is safe. Or if the CFI finds a problem, he/she can then test the student by whether or not the student finds the trouble as well... I just don't think that a student pilot should ever be left to his/her own devices (TOTALLY). Its okay for the student to perceive that he/she is, but the oversight of the CFI should always be a fail-safe... IMHO... Though they are technically PIC when they solo, they are still students

Sorry, but I think what you suggest would lead to more unsafe pilots, not less.
They'll get used to Mommy-CFI doing their preflight for them (no secret lasts very long in real life), so when they get their ticket it will be hard to start accepting responsibility and very easy to lapse into "someone else will do it for me" mentality.
The key concept in aviation is "pilot in command", PIC. If a post-solo student pilot can't be trusted to check his/her fuel without someone else covering for them, they shouldn't be allowed to fly or become PIC.
 
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I was the one checking the tanks by sight AND with a manual fuel guage (the kind you dip into the tanks) from my second lesson onward (after following him along on the first and learning everything). I can't imagine ever NOT checking the fuel level; this is utterly baffling to me. In the beginning my CFI would follow me, then he backed off more and more, but even later when I was doing the whole preflight myself before he showed up, he would do a quick check of fuel, oil, (and quiz me on both) and a walkaround.
 
At my airport, the fuel truck can take a while to arrive, so I was trained to check fuel quantity as I walked up to the plane so in case I needed fuel, I could order it, and it would probably come as I'm finishing my pre-flight.

Bottom line, the kid got himself killed and grieving father can't accept it, so suing is a way to deflect the blame from his son.
 
And that's why I don't do part 61 primary instruction. It's not worth my primary livelihood. No good deed goes unpunished it seems.

Same here. 7 years military IP was enough. Don't need the stress of getting sued because I didn't teach preflight properly.
 
At my airport, the fuel truck can take a while to arrive, so I was trained to check fuel quantity as I walked up to the plane so in case I needed fuel, I could order it, and it would probably come as I'm finishing my pre-flight.

Bottom line, the kid got himself killed and grieving father can't accept it, so suing is a way to deflect the blame from his son.
Checking fuel level is a necessity for ANY powered transportation device, not just airplanes. One wonders why the PARENTS didn't do a better job of teaching that to their kid!
 
We don't know what procedures were taught concerning determining the quantity of fuel in the tanks and the amount needed for the mission. Was he taught about fuel reserve? How many gallons is 30 minutes? I can easily see a new student unscrewing a gas cap and seeing some level of fuel and checking off "fuel--checked," without determining how much fuel if an instructor didn't fully explain fuel management. Not saying this is the case, but we know nothing about what the kid was or wasn't taught. We're quick to judge based on what a properly trained student should have done without any evidence he was properly trained.
 
We don't know what procedures were taught concerning determining the quantity of fuel in the tanks and the amount needed for the mission. Was he taught about fuel reserve? How many gallons is 30 minutes? I can easily see a new student unscrewing a gas cap and seeing some level of fuel and checking off "fuel--checked," without determining how much fuel if an instructor didn't fully explain fuel management. Not saying this is the case, but we know nothing about what the kid was or wasn't taught. We're quick to judge based on what a properly trained student should have done without any evidence he was properly trained.

If he was signed off for solo, he should have read the entire POH and known what the cruise fuel consumption was.

14 CFR 61.87(d)(1).
 
I'm not familiar with the checklist for the Tomahawk but I would assume that it has you put the fuel selector to the fullest tank prior to takeoff. I will also assume the CFI taught the use of the checklist. If so, that would force the pilot to look at the gauges and if the tanks were that low, he should have noticed then even if he did not notice on his pre-flight.
 
If he was signed off for solo, he should have read the entire POH and known what the cruise fuel consumption was.

14 CFR 61.87(d)(1).
Yup, and the flight instructor's signature on the logbook is an endorsement of that. Of course there are those students that don't retain information well, too, or just ignore it. I flew a Tomahawk in primary and we definitely went over fuel procedures since it was NOT a Cessna with the infamous "both" option and I fail to see how the student could NOT have received some fuel management training.

Interestingly, the one takeoff accident that I saw that ended well was probably a pilot that forgot to turn his fuel ON before taking off. That was kind of sad - a really beautiful bird that got about 200' up and then came right back down to the runway. At least they walked away.
 
I have never flown anywhere where it was considered the school's responsibility to "remember to fuel the airplane". It is always, always, always up to the PIC to determine if the fuel is sufficient for his flight. It's also always up to the PIC NOT TO STALL THE FREAKING AIRPLANE. Running out of fuel was a complicating factor, but it was the pilot stalling the aircraft that killed him.
 
If he was signed off for solo, he should have read the entire POH and known what the cruise fuel consumption was.

14 CFR 61.87(d)(1).
Was he? Y'all are assuming facts not in evidence. He may have very well received the training but unless you were there to witness it and tell us about it, it's speculation. On another thread someone was bragging about soloing a student in four hours. Is this good or bad? It might be wonderful or it might be gross negligence on the part of an instructor. There are not enough facts to determine either this accident's root cause or the wisdom of soloing a student in four hours. The young man is dead and I'm not about to automatically declare this a Darwin Award. It may very well be but too soon to say.
 
Was he? Y'all are assuming facts not in evidence.

Yeah, we are assuming that the instructor did his job and signed off the logbook with the required verbiage. Why? Because that's an easy one, if he didn't then it's game over and he loses. So we assume that the the simple things are actually in place. But as you point out, if not then a lot of the other stuff doesn't matter.

To me, it's an easy story to tell. The fuel emergency was the fault of the pilot. Stalling the airplane and smashing it into the ground was the fault of the pilot. All you can say about the instructor was that he "should have" known that the student wasn't "ready". Except that the student was as ready as pilots with hundreds of hours who did exactly the same thing. My presumption is that the student knew better but just didn't perform.

Am I brutal on this? Absolutely. If I am ever stupid enough to pull something like this, I expect you guys to rake me over the coals if it will prevent just one other person from doing the same thing. I'm really, really tired of hearing pilots of all levels doing this same thing. Stop stalling airplanes. Please. Yeah, I know it will still happen. Sigh...

Engine out - the very first thing you do, the most basic thing - push the nose down. That comes before A on any checklist, lower the nose because if you don't then you will stall. Now get to and maintain best glide, find your best spot and put it there. Everything else is negotiable.
 
On many of my recent flights there was no fuel on board, yet I somehow survived.
Yes, glider pilots are used to flying on empty, because that's all they know.
Even the brief tow at the beginning is often interrupted by a low altitude (~200-300') simulated "rope break" or equivalent, which forces you to immediately focus, maintain airspeed, consider your options, and land.
By the time you take your checkride, you realize that engines (and fuel) are overrated.
If it were up to me, all pilots would be required to start this way.
 
This aircraft apparently flew several times in between fuelings which makes me wonder about the school and its fueling policy. I'm not ready to pillory a student pilot for killing himself and hold blameless his instructor and school who put him in a position to kill himself without some scrutiny of the quality and quantity of the training he received. This wasn't a pilot with many hours who has no excuse for running out of gas and yet a surprising number still do. There's a reason he ran out of fuel and stalled/spun to his death and blaming him for stupidity overlooks the fact that he probably didn't take off that day with the intention of risking his life in order to save the 15 minutes it might take to pump additional fuel on. I run across students with similar hours who have never fueled a plane and wouldn't know how and yet they've soloed. Sure, they should know to check the fuel and quantity but its not easy to determine the exact quantity when tanks are not topped off. Unless weight/DA is a consideration, there's no reason IMHO to allow a student solo to take off with less than full tanks in something like a Tomahawk that doesn't hold all that much to begin with.
 
Sad. The kid punched his own ticket imo. Even if he did not visually check fuel on the preflight, fuel gauges are not that wrong.

I 'R' not a lawyer so daddy will probably be rich soon.
 
This aircraft apparently flew several times in between fuelings which makes me wonder about the school and its fueling policy. I'm not ready to pillory a student pilot for killing himself and hold blameless his instructor and school who put him in a position to kill himself without some scrutiny of the quality and quantity of the training he received. This wasn't a pilot with many hours who has no excuse for running out of gas and yet a surprising number still do. There's a reason he ran out of fuel and stalled/spun to his death and blaming him for stupidity overlooks the fact that he probably didn't take off that day with the intention of risking his life in order to save the 15 minutes it might take to pump additional fuel on. I run across students with similar hours who have never fueled a plane and wouldn't know how and yet they've soloed. Sure, they should know to check the fuel and quantity but its not easy to determine the exact quantity when tanks are not topped off. Unless weight/DA is a consideration, there's no reason IMHO to allow a student solo to take off with less than full tanks in something like a Tomahawk that doesn't hold all that much to begin with.
Good points, but you should know if there is fuel up to the tabs - if not, better think about re-fueling. Additionally there's even less excuse to not check since the wing tanks are easily accessible from the ground. Generally schools that run Tomahawks TEND to be MORE careful about fuel because of the Piper setup.
 
The sad thing is, that he stalled and spun it into a field where controlled landing would have been completely survivable.

So first he failed to ensure sufficient fuel was on board to complete the flight he had planned, and then he lost control while attempting the impossible turn. I guess natural selection sucks when it happens to you.
 
The sad thing is, that he stalled and spun it into a field where controlled landing would have been completely survivable.

So first he failed to ensure sufficient fuel was on board to complete the flight he had planned, and then he lost control while attempting the impossible turn. I guess natural selection sucks when it happens to you.
The NTSB report says this was the student pilot's second supervised solo. How much supervision could there have been if the student took off without enough gas? I don't blame the family for questioning the operation. But he was PIC so that absolves everyone from any possible blame other than the PIC. I would agree 100% if this had been a rated pilot and maybe even a student near checkride proficiency, but this kid was as green as green could be. Nope, sorry dad. Junior f&$$'d up, and paid the price. Nothing more to see here, move along. Pilot error, pure and simple. :cool:
 
I'm sure more information to this accident will come out and shed some light on possible "contributing factors" in the coming weeks / months.
 
Same here. Doesn't matter how ridiculously bad a person may have been driving when he or she wrecked his or her car, some parasite plaintiffs' lawyer will extort money from the manufacturer. It's why I'm now a prosecutor. Too often the correct business decision was not to fight.

Defense attorneys are often in the business of artful surrender.
 
How much supervision could there have been if the student took off without enough gas? I don't blame the family for questioning the operation. But he was PIC so that absolves everyone from any possible blame other than the PIC. I would agree 100% if this had been a rated pilot and maybe even a student near checkride proficiency, but this kid was as green as green could be.

Ok then - please explain what the operation should have done differently. Should the instructor hold the student's hand while he does a pre-flight? At what point does that stop? After 2 solos? 10 solos? When he gets his temporary? For 10 flights afterwards? It doesn't matter when it stops, if the student crashes on the very next flight then you're going to question his instruction.

There is apparently no amount of instruction that will prevent a pilot from doing a low altitude stall/spin into the ground. And no amount of instruction that will keep them from running out of gas, it happens all the time - 3-4 a week is it? Were all these people's instructors deficient in teaching their students?

If a student driver has a crash and dies in a car right after getting their permit, do you advocate going back to his Driver's Education teacher and suing him?
 
Ok then - please explain what the operation should have done differently. Should the instructor hold the student's hand while he does a pre-flight? At what point does that stop? After 2 solos? 10 solos? When he gets his temporary? For 10 flights afterwards? It doesn't matter when it stops, if the student crashes on the very next flight then you're going to question his instruction.

There is apparently no amount of instruction that will prevent a pilot from doing a low altitude stall/spin into the ground. And no amount of instruction that will keep them from running out of gas, it happens all the time - 3-4 a week is it? Were all these people's instructors deficient in teaching their students?

If a student driver has a crash and dies in a car right after getting their permit, do you advocate going back to his Driver's Education teacher and suing him?
It's been awhile since I was a student driver. Don't student drivers have to have a licensed driver along? Maybe we don't trust student drivers not to kill themselves or innocent bystanders until they pass a driver's test and get a license. You're saying that from the moment a student solos he's 100% responsible for the conduct of his flights and needs no supervision since PIC is PIC whether you're a four hour student pilot on a first solo or an ATP with thousands of hours. Heck, why not let student pilots take up family and friends also. They're PICs so let them have all the responsibility. I'm being ridiculously absurd purposely to illustrate that there's a reason few students get their certificates in the minimum amount of hours and are entrusted with passengers. A student on his second solo deserves more than a glance to call it supervision. He made a mistake and suffered the ultimate penalty. Where was the instructor to break that chain? This was his second flight alone in the plane. Second flight! He ran out of gas and stalled/spun. Two horrific errors and no one is willing to consider he had inadequate instruction? OK.
 
This was his second flight alone in the plane. Second flight! He ran out of gas and stalled/spun. Two horrific errors and no one is willing to consider he had inadequate instruction? OK.

Like others, I learned to preflight the aircraft from day one, and accepted that as my own responsibility. The instructor always took my word for it, and this goes for helis, gliders and power planes. So I understood from day one that it was my word, even as a newbie, that kept us alive, and made doubly-sure that all was kosher. Transitioning to solos was trivial in this respect, since I had been "Preflighter in Command" from day two. My CFI (in all those categories and many different flight schools) never helped me preflight after the first lesson, and come to think of it, all my DPE's have trusted me with it too.
So to imply that the CFI, beyond the very first lesson, has any role (except perhaps a very casual and random one) in the preflight (or fuel checking which is part of it) is simply wrong, based on my very broad experience over many schools and aircraft categories. And as I mentioned above, if that implication were to become the norm, it would lead to a worse safety record.
 
Like others, I learned to preflight the aircraft from day one, and accepted that as my own responsibility. The instructor always took my word for it, and this goes for helis, gliders and power planes. So I understood from day one that it was my word, even as a newbie, that kept us alive, and made doubly-sure that all was kosher. Transitioning to solos was trivial in this respect, since I had been "Preflighter in Command" from day two. My CFI (in all those categories and many different flight schools) never helped me preflight after the first lesson, and come to think of it, all my DPE's have trusted me with it too.
So to imply that the CFI, beyond the very first lesson, has any role (except perhaps a very casual and random one) in the preflight (or fuel checking which is part of it) is simply wrong, based on my very broad experience over many schools and aircraft categories. And as I mentioned above, if that implication were to become the norm, it would lead to a worse safety record.
So you think that had a CFI had been aboard that flight they would still have run out of gas because it is the norm to allow the student to preflight the airplane post solo without any supervision whatsoever? I'm not a CFI but if I were, there's no way in Hades I would get in an airplane with a 10 hour student that I hadn't verified as airworthy to include having the required amount of fuel. By the time a DPE flies with someone they should be trustworthy enough to ascertain airworthiness but it is a task that gets evaluated so the applicant is watched closely (or should be). I've seen students do stupid things that no certificated pilot would do without being mercilessly criticised, but the difference is a student is a STUDENT and should be expected to make student mistakes.
 
So you think that had a CFI had been aboard that flight they would still have run out of gas because it is the norm to allow the student to preflight the airplane post solo without any supervision whatsoever? I'm not a CFI but if I were, there's no way in Hades I would get in an airplane with a 10 hour student that I hadn't verified as airworthy to include having the required amount of fuel. By the time a DPE flies with someone they should be trustworthy enough to ascertain airworthiness but it is a task that gets evaluated so the applicant is watched closely (or should be). I've seen students do stupid things that no certificated pilot would do without being mercilessly criticised, but the difference is a student is a STUDENT and should be expected to make student mistakes.

A student who is allowed to solo must convince the flight school and CFI that he/she will come back safely. This is what it means to be a Pilot in Command. If the CFI cannot trust the student to check the fuel level (and oil, and the rest of the preflight steps), the student will not be endorsed to solo. If students can't be trusted to check their fuel/oil level on their own, they should stay on the ground. Like pregnancy, there are no gray levels between these points.
It seems you are advocating some kind of a dumbed-down elastic apron-string approach to flight instruction, post solo, and as I noted above, I believe that if it were implemented it will make flying even less safe than today.
 
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