The cause of the crash in under investigation by the National Transportation Safety Board, FAA and Acadia Parish Sheriff’s Office.

According to The Associated Press, “Federal Aviation Administration spokesman Lynn Lunsford says the Air Evac helicopter crashed at about 4:15 a.m. Tuesday near the Scotland community in Van Buren County.”

As further details emerge we will update this blog.

A review of past headlines illustrate the vast number of defective products that have caused a multitude of injuries and cost Americans dearly: Bridgestone and Firestone tires, prescription drugs Vioxx, Baycol and Halcion, dietary supplement ephedra, medical devices like Guidant defibrillators, Medtronic pacemaker leads,and  Dalkon Shield; silicon breast implants, asbestos, and tobacco products just to name a few. Litigation has resulted in recalls of numerous products including Ford Pinto and Explorer, Chrysler minivans, baby cribs and strollers and infant car seats, children’s Tylenol, flammable clothing, birth control medication and devices, tainted food products, and the most recent Toyota vehicles causing unintended acceleration just to name a few.

Aviation litigation has resulted in a drastic drop in the number of crashes and deaths involving aircraft. According to the Consumer Federation of America, there has been a dramatic change in the rate of accidental deaths and injuries since the enactment of products liability laws and stiffer regulation. As a result they estimate that approximately 6,000 deaths and millions of injuries have been prevented on an annual basis.

People are powerless to protect themselves against defective products and the harm they cause without these laws and regulation, as well as the courageous attorneys willing to take on the manufacturers. Beware of the political hue and cry for so-called “tort reform” by business interests and insurance companies trying to gut these important safeguards. Those who support such disingenuous political initiatives just may end up being the victim of a dangerous product without legal recourse to compensate them for the resulting injuries.

In a safety recommendation issued by NTSB, it wants FMCSA to “develop and disseminate guidance for commercial drivers, employers and physicians” for identifying high-risk drivers. The NTSB’s recommendation specifically mentioned “commercial drivers,” an referenced an incident of a tractor-trailer driver with diagnosed OSA. He had collided with a Tennessee Highway Patrol vehicle, killing the trooper. The 18-wheeler driver had surgery for OSA but hadn’t reported his condition when examined for his medical certification. Other NTSB investigations mentioned included two commercial airline pilots who fell asleep (one of whom was at risk for OSA) and missed their intended destination airport in Hilo, Hawaii, and a train engineer who had been diagnosed with OSA who went through a stop and struck another train.

The NTSB said the prevalence of OSA is more than 50 percent in patients with an average body mass index of 40.0. It also mentioned a 2006 consensus statement from the Joint Task Force of the American College of Chest Physicians, the American College of Occupational and Environmental Medicine and the National Sleep Foundation recommending that commercial drivers with a body mass index of 35 or higher and hypertension that can’t be controlled on less than two medications not be certified for longer than three months pending a formal OSA evaluation. Sleepiness from sleep apnea has been shown to significantly increase a driver’s risk of driving drowsy. Driver fatigue and sleepiness is a major cause of truck crashes. Stricter screening mandates could reduce the risk of truck crashes.

The National Highway Traffic Safety Administration (NHTSA) determined the probable cause of the accident was insufficient lubrication of a rear axle, which over heated and caused a fire in the wheel well that filled the 1998 Motor Coach Industries bus with flames and heavy smoke.  The families of the victims contended that the bus manufacturer and the component part makers were aware of a design defect in the hub and axle system that could fail resulting in injuries.

The settlement helps bring closure to the families, but it also plays a more important role in making safety a priority to the motor coach bus industry including the manufacturer, bus broker, bus motor carrier, bus maintenance provider, operator and driver.  Safety is the utmost concern for the passengers riding in the bus as well as the vehicles on the roadway the bus driver encounters.

Today, debris has been discovered in the area where the plane was thought to have gone down, but it has not been confirmed it is from flight 447. The Louisiana natives were living in Rio and traveling to Paris for a training seminar and some vacation time in France and Spain. A tragic event such as this seems more real when local people are involved. Our hearts and prayers go out to the family and friends of the Lafayette couple and all the other 228 aboard.

The S-92 failed an important test that requires a helicopter to be able to fly for thirty minutes without gearbox oil. Older helicopters can only fly for a few minutes without gearbox oil. The Federal Aviation Regulation(FAR) ,the European counterpart for the U.S. Federal Aviation Administration, passed the S-92 under a clause that allows an exemption if the failure is “ extremely remote”. The certification gives the pilots a false sense of security believing that the helicopter can run for thirty minutes without oil pressure. What ever the definition of “extremely remote” no exemptions should be allowed in obtaining an advanced certification. The FAR should immediately stop this practice and we should require all helicopters flown in our country be certified by the FAA.

The only evidence of a bird strike in this case however, was a loud noise heard in the cockpit followed by the loss of torque to both engines.

While I agree with Sikorsky to switch wind screens on their helicopters to heavier glass which is stronger, I can’t imagine that a bird strike caused two engines to instantly fail.

In due time, NTSB investigators and private experts will determine the cause of these crashes. The bird strike defense will be quickly forgotten.

I wonder where they get this impression. Could it be the agent for the insurance company?

More often than not, full coverage simply means comprehensive and collision coverage. So, imagine the surprise of the innocent car accident victim when they learn that  the person who hit them does not have insurance, and they do not have Uninsured/ Underinsured Motorist coverage or medical payments coverage on their own policy.After all, they told their agent they wanted “full coverage.” Now there is no avenue to recover for their injuries, medical bills or lost wages. These people wanted protection. They were willing to pay for it. They didn’t get it and now it is too late.

Don’t let this happen to you. Make sure you understand your automobile insurance policy. Don’t let your agent’s secretary tell you what you need. Demand “Uninsured/ Underinsured Coverage” and “Medical Payments Coverage!” Don’t be fooled by “Full Coverage.”

Uninsured Motorist Coverage protects the policy holder, passengers and members of the policyholder’s household  if they are involved in an auto accident and the at-fault driver does not have any liability insurance. It provides compensation for medical bills, lost wages and pain and suffering. Underinsured motorist coverage provides compensation to the same people when the at fault party is insured, but does not have sufficient coverage amounts to cover your damages.

“Medical payments coverage” pays for medical bills arising out of the use of an automobile regardless of fault up to the policy limits.

The “definitions of terms” are general and may vary from your policy. If you have questions about what coverage you should have, call us your agent or an experienced personal injury attorney- after all, we understand what it takes to protect victims’ rights.

Those are questions being asked about our food-borne illness reporting system. While the FDA is a primary investigator for salmonella and other outbreaks, regional and local regulators also are involved in determining the source and extent of the contamination. Often it’s the local or state Departments of Public Health, that actually inform the public. And the delays are troubling.

The health care providers must first test for salmonella. And once a suspect sample is tested, results are generally sent to a state lab and then to a Center for Disease Control database. Federal officials then contact state health officials to determine if those who fell ill ate the same food. This leads to an interview or questionnaire being sent to the involved individuals; in some cases weeks or months after the initial illness.

The trend of increased food-borne illness occurrences has caused a review of this lengthy review process. What can be done to accelerate the process? One suggestion has been online reporting for food history forms rather than waiting for an agency employee to follow up with calls and letters. Another proposal is an automated phone message system. We obviously need to employ cutting edge technology to improve the reporting and pick up the pace of investigations that are critical to containing outbreaks.

I admire the brave family of this offshore worker for their efforts to make transportation safer for all in the offshore industry.  Special circumstances such as ice and snow require special attention.

Let’s hope that the family’s efforts are recognized and precautions are taken so that this never happens again.

An initial inspection by a bird specialist found no evidence of a bird strike. However, investigators have taken swabs of the helicopter and found DNA evidence of a hawk. But is this evidence of a bird strike or bird droppings on the helicopter? Aircraft share the skies with birds and there are hundreds of reasons why DNA or feathers are found on an aircraft. The NTSB cautiously said the bird strike may have preceded the crash, but not caused it.

I hope the investigation turns up more evidence of why this crash happened. On the heels of the now famous landing in the Hudson River, due to a bird strike, we can’t blame every crash on bird strikes. This course of action will send aviation investigations “to the birds.”

The NTSB, with the help of the U.S. Department of Agriculture has examined the helicopter for evidence of a bird strike. Results from DNA testing of a swab taken from the pilot-side windscreen show that microscopic remains of a hawk variety were present. A second detailed examination of the wreckage layout revealed the presence of small parts of feathers under a right side windscreen seal and in the folds of the right side engine inlet filter. The NTSB continues its investigation involving further analysis of information from the cockpit, voice and flight data recorders, detailed examination and analysis of the wreckage, research into scenarios that could cause the loss of engine torque, and electrical anomalies noted on the flight recorders, and the flight crew’s response to the event.

Officials do know that the helicopter was traveling at 160 miles per hour prior to crashing into the Louisiana swamp.

This type of investigation may last for years. I handled a helicopter case where the NTSB was able to recover a mostly intact helicopter, yet the investigation still took a year to complete. So, that the fact that officials still do not know what happened within the last few minutes of this ill-fated flight really comes as no surprise.  When the litigants involve their own experts, which will probably be among the best in the country, the cause of this accident will be discovered.