Pilot of Crashed Plane in North Phoenix Dies

November 21, 2010

Pilot of Crashed Plane in North Phoenix Dies

FAA spokesman Ian Gregor reported a single engine Beechcraft Bonanza crashed under unknown circumstances in an industrial park in north Phoenix about a half mile from Deer Valley in September. The FAA noted the pilot of a light plane died in the crash.

This crash highlights the inherent danger involved with flying light aircraft. These crashes usually receive far less publicity than major airline crashes, because they often involve a single fatality, the pilot. There are many reasons for this.

The Aircraft

Private aircrafts differ from commercial aircrafts, and one of the most obvious differences is that the dominant type of private plane is a single engine aircraft. This means that with any engine failure, the aircraft will lose airworthiness and, more likely than not, crash.

Another factor may be the age of the aircraft. While not as staggeringly expensive as a commercial jet aircraft, private planes are rarely bargain priced, and are often flown many years. Because of metal fatigue, aging wiring, worn parts and inadequate maintenance programs, the planes may experience unpredictable failures.

The Pilot

A large cause of private aircraft crashes is the pilot. While pilots have to obtain a private pilot's license, the training is much less intense than a military or commercial pilot receives. In addition, most licensed private pilots do not fly as their career, and simply do not amass the number of flight time hours that a commercial pilot would in the same period. Because of this, they simply are not as experienced in the operation of the aircraft and with dealing with flight weather conditions.

Another recent private aircraft crash in Wyoming killed the pilot and three of his children. While that crash is still under investigation by the NTSB, from preliminary reports it appears that the presence of mountain weather conditions, know as a "mountain wave" may have played a role in the crash.

The plane crashed on the lee side of the mountain, after they had passed the highest part of the range. The pilot, the president of a software company, was from Minnesota, and may have been unfamiliar with mountain weather and unprepared for the condition that only occurs in mountainous areas.

On the other hand, further investigation could show mechanical issues with the aircraft that may have compromised its ability to fly. This is why these accidents require a through and methodical examination of the evidence, before one can determine what the cause or causes of the crash were.

Just an Accident?

Sometimes a private plane crash may be "an accident." Maybe the pilot fell asleep, had a medical emergency or became confused by the weather or lighting. This may not be an easy question to answer.

But any crash involving a private pilot and aircraft should be thoroughly investigated. From examining the type of aircraft involved, its age, maintenance history and any other potential issues, to questions of air traffic control and other guidance, every element of the flight operation of the aircraft should be explored.

Wrongful Death

If an airplane crash is the result of negligence and the pilot or passengers die, a cause of action for wrongful death could exist. A wrongful death case is brought by the survivors of the deceased person.

The Arizona wrongful death statute, A.R.S. s 12-611 provides: "When death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as amount in law to murder in the first or second degree or manslaughter."

The statute indicates who may recover compensation "by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person for and on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent's estate."

Wrongful Death Damages

The wrongful death claim is separate from any claims the decedents estate may have for damages. Potential claims a spouse or child may have include:
-Loss of support
-Loss of services
-Loss of society and companionship
-Mental and physical suffering of decedent
-Mental suffering and grief of beneficiary
-Beneficiary's future education
-Retirement income of decedent
-Anticipated inheritance

Damages available to family members in a wrongful death action include sorrow, mental distress or grief.

Loss of Consortium

A separate claim results from the loss of consortium. The legal term "loss of consortium" is defined as a loss of capacity to exchange love, affection, society, companionship, comfort, care and moral support. Loss of consortium damages compensates the plaintiff for loss of care, comfort, society and companionship of decedent, whereas damages for grief and sorrow compensate the plaintiff for mental anguish and anxiety, which occurs as a result of the decedent's death.

These types of cases require careful development, as the attorney needs to demonstrate to the jury the value of all of the potential elements. This highlights the value of an experienced attorney who can describe in meaningful detail to the jury what the death of a father, mother or child means to the other family members.

Article provided by Law Offices Of Jay A. Bansal
Visit us at www.jaybansallaw.com