The Cochran Firm Legal Blog

The focus on the crash of Flight 3407 near Buffalo, New York continues, and this week the spotlight is on the pilots. Specifically, the media has been pouring over the transcript of the cockpit voice recorder. The National Transportation Safety Board (NTSB) is holding hearings this week in which testimony has been focused on training and fatigue. Basically, they're still trying to piece together those final actions that caused the Continental Connection flight to crash on its final descent and kill 50 people.

It has been revealed that the pilot was a slow learner who passed the tests to fly the craft, but did not have a firm grasp on the plane that crashed the Bombardier Dash 8-Q 400. It has been reported that the pilot hid from Colgan Air that he failed two previous pilot exams in his job application. There were an additional three failed "check rides" with Colgan Air. The cockpit transcript shows he and the copilot violated policy by talking about things other than the flight, especially as they began their landing approach.

The NTSB also reported that the copilot may have been fatigued. She flew through the night from Seattle on connecting Fed Ex flights to get to Newark, New Jersey. She also had a cold, which she probably should have called in sick for. The pilot had almost a full day off before the crash, but slept in the Newark Airport crew lounge, which is against Colgan Air policy. The crew lounge is more a place for napping rather than solid sleep, though this may be debatable.

However, with the crew's actions the focus of the hearings and many victims' families angry, what this may come back to is the rules of Colgan Air. The NTSB has said that many crews on many different flights operate the aircraft fatigued, something that will not sit well with the American public. Another part of the tragedy is the disbelief that the pilot may have been flying an aircraft he was not fully trained to fly. The Wall Street Journal quoted investigators who said the pilot responded incorrectly by overriding an emergency system, which then caused the plane to stall. The reason, according to investigators is that Colgan did not provide flight simulator training that focused on stick-pusher emergencies. Colgan rebutted this, stating the pilot had classroom instruction. Which leads to the question, is classroom training a substitute for flight simulator training, or even for actual flying experience?

The NTSB has yet to announce a cause of the crash. The families of the pilot and copilot believe they may be scapegoated. Perhaps they will be. However, the families of all the victims will continue to wonder if it is the responsibility of the airline to know when to keep inexperienced and fatigued pilots out of their aircraft, or is it the responsibility of the pilots to decide they're not prepared to attempt certain flights.

If you have lost a loved one in an airline disaster, please contact the experienced wrongful death attorneys at the Cochran Firm. We serve clients nationwide.

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