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Civil Actions for a Helicopter Crash

Posted on:8/30/2012
In case of a helicopter crash, Federally mandated investigations are launched to determine the probable cause(s) and to uncover any regulatory violation(s) in case of a helicopter crash. Recommendations for rule changes or penalties may follow.


In case of a helicopter crash, Federally mandated investigations are launched to determine the probable cause(s) and to uncover any regulatory violation(s) in case of a helicopter crash. Recommendations for rule changes or penalties may follow. These are prospectively aimed at preventing similar mishaps. Civil legal actions may also follow but are more retrospective as they look for specific blame and seek compensation for losses.

In a helicopter crash, first there must be an agency review of investigatory findings. If there are no other definitive causes of a mishap such as a mechanical failure, then the operator is likely to become the focus of blame.

If the circumstance is truly of an individual's making, then, beyond the determination of personal culpability, further human factors analyses may not be warranted. However, if external factors could have actually induced the behavior, then the problem may not be a one-time occurrence and further analyses are called for.

Civil actions are typically private, cloistered, argue the meaning of specific facts already known, and focus on alleged errors. The very adversarial nature of the "civil" process places the individual pilot and system(s) under extreme scrutiny to force justification of their respective actions and design. As each matter is settled either by mediation or by verdict, the precedent becomes a deterrent for similar incidents.


  
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