The Cochran Firm Legal Blog

In a rare blunt assessment, the National Transportation Safety Board said the pilot was to blame for the crash of Continental Connection Flight 3407 on February 12 of last year, killing 50 people, including one on the ground. Investigators said that the pilot responded "with startle and confusion," wasting crucial seconds before acting. Then, when the pilot acted, he acted inappropriately, worsening the situation and dooming the plane. In addition, the copilot did not either call out the situation to alert the pilot to appropriate action or perform appropriate action to override the pilot to prevent the aviation accident.

Investigators agreed that the crash of Flight 3407, owned and operated by Colgan Air, Inc., was caused by a stall, and to correct a stall the pilot should have pushed the control column forward, while calling out "stall," but instead he pulled back. The copilot also did not call out the stall, and she did not push the control column forward, overriding the pilot. Investigators say the pilot had 27 seconds between when the stall warning occurred and the plane's recorders stopped, probably on impact.

Investigators said that the pilot and copilot were too casual and relaxed about the flight, and maintained a constant stream of dialogue, in violation of aviation's general consensus on a "sterile cockpit" where conversation is kept to a minimum. One of the investigators said, "It was as if the flight was just a means for the captain to conduct a conversation with this young first officer." Investigators blamed this constant conversation for reducing the awareness of the pilots to the plane's situation. The conversation made them slow to respond and led them to squander vital seconds before responding to the situation.

In addition, it was revealed that the pilot had previously had problems with the exact situation that led to the crash of Flight 3407. Before joining Colgan, the pilot had failed three pilot tests, although he only disclosed one on his application. In addition, he had failed two similar tests during his career at Colgan. His performance on these failed tests indicated that he had trouble with landing stalls, the situation that occurred and led to the crash of Flight 3407. Colgan argues that because the pilot concealed two failed tests on his application, they did not have sufficient prior knowledge of the pilot's poor performance. Three failed flight tests seem sufficient rationale for a pilot to be removed from rotation for retraining until he can pass a test.

People who lost loved ones in the crash of Flight 3407 say that the Federal Aviation Administration maintains two separate standards of safety: one for the major carriers, and another for regional carriers, who carry as much as 25% of all passengers in the United States. They say that regional airlines like Colgan should not be allowed to operate as wildcatters, skirting safety rules to cut corners and costs to improve profits.

NTSB board members expressed concern about "bottom feeders" in the airline industry that do not actually adopt the safety protocols. Instead announcing an intent to adopt protocols, file plans, and have a good safety plan in principal or on paper, but never actually implemented. Small carriers balk at the expense of safety equipment, since it diminishes their profits to equip many small planes.

If you lost a loved one in this or another airline accident, your wrongful death lawsuit can help draw attention to the full costs of violating safety protocols. The Cochran Firm stands ready to represent you in action against all those who could have and should have done something to prevent the accident. Please contact us today for a free initial consultation.