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After Losing a Loved One in a Plane Crash: A Resource for Families

This presentation provides information on the rights, sources of information, and where to go for support after losing a loved one in a plane crash. It covers topics such as privacy rights, NTSB investigations, obtaining information, and emotional support services.

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After Losing a Loved One in a Plane Crash: A Resource for Families

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  1. GARA, Preemption, Warsaw/Montreal, FTCA, and Forum Non Conveniens: Current DevelopmentsShalem Massey, Jack Veth and Alisa Brodkowitz What To Do After Losing a Loved One In a Plane Crash- a Resource for Families Alisa Brodkowitz Friedman Rubin 81 Vine St. Suite 202 Seattle, WA 98121 www.friedmanrubin.com

  2. GARA, Preemption, Warsaw/Montreal, FTCA, and Forum Non Conveniens: Current DevelopmentsShalem Massey, Jack Veth and Alisa Brodkowitz Road Map of this Presentation • Your rights • Sources of information • Who to trust • Where to go from here

  3. You Have a Right to Privacy • Federal law prevents lawyers from contacting victims’ families before the 45th day following a plane crash. 49 U.S.C.A §1136(g)(2) • This does not prevent a family member from contacting an attorney.

  4. NNTSB Investigations Exclude Families • The parties to the NTSB investigation are the operator of the aircraft (airline or fixed base operator) and the airframe and engine manufacturer. • Family members of plane crash victims are not a party to the investigation. No information is normally shared with them.

  5. NNTSB Investigations Take a Long Time • It is not unusual to wait a year or years for the NTSB to issue a “probable cause” report, describing why the crash happened. • It is not unusual for the NTSB to blame “pilot error.” • Airframe and engine manufacturers guide the NTSB investigation, rarely stepping forward to point out defects in their products. • Family members of plane crash victims are not a party to the investigation. No information is normally shared with them.

  6. WhiWhile You Wait • The aircraft wreckage will not be released until the NTSB is done with it. • The NTSB investigators will not talk to you about their investigation. • It is normal to have a lot of questions during this time period. • You can obtain information on your own.

  7. Preliminary Report Look up preliminary information about the crash on the NTSB Accident Database. Use the date of the crash or anything else you know. While here write down the “N number” (its registration number that starts with an N). Also write down the investigation number. • http://www.ntsb.gov/aviationquery/index.aspx . Here you are likely to learn whether radio contact was made during the flight.

  8. You should periodically check this page for updates (the factual report, then the probable cause report).

  9. Engine, Airframe, Owner • Input the N number on the FAA registry page http://registry.faa.gov/aircraftinquiry/NNum_Inquiry.aspx and run a search for the aircraft registration. • This will provide essential information such as aircraft and engine make and model. It will also tell you who owned the aircraft.

  10. Do not input the N, just the rest of the number.

  11. Example registration, take note of the model of airframe and model of engine and their years

  12. FAR 121.703 • Sec. 121.703 — Service difficulty reports. • (a) Each certificate holder shall report the occurrence or detection of each failure, malfunction, or defect

  13. Service Difficulty Report • To find out about prior problems with a particular airplane or engine, go to the FAA SDR page and input the N number.

  14. http://av-info.faa.gov/sdrx/Default.aspx

  15. Freedom of Information Act • Because the FAA and NTSB are government agencies, you are entitled to information they have regarding a plane crash. • You can make requests for this information online, here • http://www.ntsb.gov/about/foia/Pages/foia_requests.aspx • https://www.faa.gov/foia/foia_request/

  16. Emotional Support • AirCraft Casualty Emotional Support Services (ACCESS) is a free support network that connects families of plane crash victims with other people who have been through the same thing. • Calling ACCESS will allow you to talk to someone who really knows what you are going through. 1-877-227-6435  • www.accesshelp.org

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