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AirFrance Recovery | 06/12/2009 9:45 am

Families of AirFrance Flight 447 Victims File Manslaughter Lawsuit

Some families say they’re not allowed proper access to case files, blame faulty speed sensors for crash; more bodies found, for total of 44.
By The Staff at wowOwow.com

Some relatives of at least one victim of last week’s tragic AirFrance crash believe they’re not getting as many answers as they should — and they’re doing something about it.

The relatives are now plaintiffs in a manslaughter investigation to try to gain access to files on the investigation, particularly those about why Flight 447’s airspeed sensors hadn’t been replaced if the airline thought they were malfunctioning, reports the BBC. One theory as to what caused the plane to crash is that the speed sensors failed as the plane flew into stormy weather, and that the plane may have been going too slow to weather the storm.

Although French investigators say no link has yet been established between the crash and the aircraft’s speed monitors, the families think otherwise. In fact, two other French families have also filed a separate manslaughter suit, reports AFP.

Meanwhile, 37 pieces of wreckage from the plane arrived in Brazil today, while the search for more bodies and debris continues. French investigators there will examine it to determine what caused the crash. One newspaper suggested today that the plane may have broken apart before hitting the Atlantic Ocean. While terrorism has not been ruled out, it’s also not being advocated as a cause, either. Three more bodies were also found today, bringing the total number recovered to 44; there were 228 people onboard. Bad weather is making the search difficult.

"It is becoming more and more difficult to find and recover bodies," Brazilian officials said, according to The Sun. "The chances of recovering the bodies of all the passengers of the AirFrance flight are very remote."

We hope the families and loved ones of the victims of Flight 447 find the answers — and, eventually, some sort of peace — that they’re looking for. 

20 Reader Comments (so far…) Sign In or Register to comment

Maggie W
One of the many questions is that of those speed sensors.  Had they been evaluated regularly for accuracy, or were they on their way to eventual replacement, as has been reported.  I can only imagine the anguish these families have and the many questions racing through their minds.  On the flip side, the French and Brazilian forces have been working around the clock in terrible weather to uncover as much evidence as possible.
By Maggie W on 06/12/2009 10:10 am
C Hardy
I was waiting to see how long this would take…If they aren’t getting the proper answers maybe its b/c they dont know yet…I feel for these families b/c they are trying their best to get some type of closure.  I hope they are all able to find it somehow. 
By C Hardy on 06/12/2009 10:20 am
f p
Apparently the pitot tube on the Airbus’ wing  needed replacement:  this device measures air speed I believe and they might have gone into that storm way over speed and broken into two pieces.  Pitot tubes have been around since the 30’s and are standard on all planes.
By f p on 06/12/2009 11:06 am
S G
Well fp I don’t know about you but as for me give me a plane where a pilot has control not computers.
By S G on 06/13/2009 8:31 am
f p
I’m inclined to agree—I dislike flying—too many Huey flights into bad places when I was young cured me of the romance of flying.
By f p on 06/13/2009 10:07 am
albert miller
Oh, hell, so that was it. When they take care of that detail then air flight will be perfectly safe again. Isn’t it strange that the Hindenberg disaster killed blimp travel, but plane crashes that kill hundreds don’t deter people from flying? Luckily it will never hhappen to anyone that doesn’t expect it. The  Hindenberg incident only killed about 1/3 of the people, in spite of the massive fire. Amazing, huh?
By albert miller on 06/14/2009 12:52 am
rocky rocky
Miles O’Brien has written two articles that I know of on this incident, explaining (to me, at least) a lot about what might and could have happened. He discusses pitot tubes as well in this artcle:  http://trueslant.com/milesobrien/
By rocky rocky on 06/14/2009 1:29 pm
A msron
It’s time to make black boxes redundant by transmitting the information via satellite or radio to land based servers.  The information contained in the cockpit voice records and flight data recorder my never be recovered in this case and in most cases the recorders are damaged in some way anyway.  We have the technology and it’s just a matter of will to make it happen.  If it’s too much to do this for all flights, then let’s start with the most "at risk" flights such as ones like AF447 that fly over deep water. 
By A msron on 06/12/2009 12:58 pm
Deniseann Taylor

I agree with A mrson, if we have to have digital TV’s, why can’t they find a solution to the black box.  We can transmit pictures through our cell phones, and music, why can’t they develop a way so all the information from the cockpit is sent back to it’s place of origin, or place of arrival. 

The ocean hardly ever gives up it’s secrets.

By Deniseann Taylor on 06/12/2009 6:07 pm
seymour (sy) levine
For the last ten years there hasn’t been a technical reason why the digital flight recorder data isn’t sent in real-time to the ground.  Then with-in a couple of seconds you have the planes position/location, its attitude, velocity, etc. safely stored on the ground and used for flight safety, aviation security and cost reduction.  This data used in real-time could have also prevented 9/11 (see  http:safelander.com).  We presently have the viable technology to securely do this. This information could be used for flight safety, aviation & national security and cost reduction to the flying public. We presently don’t know what went wrong on Flight 447, but we would surely know where the plane went down, when it went down, why it went down and possibly could have saved lives. The real-time use of the data recorders will save a substantial amount of lives, make our country safer and reduce the cost of flying.  Telemetering the flight data to the ground in real-time would assure that we have the data - in many crashes the flight data isn’t recovered (e.g. 9/11, et al) or has errors in it since no one is looking at it, or using it in real-time to find malfunctions. Yet, this valuable digital flight recorder data (DFDR) data has been left to the autopsy mode for post mortem simulations and not utilized proactively in real-time to save lives.  We got our astronauts back from the moon by ground personnel monitoring the data in real-time. It was the ground personnel that found the problem and relayed back to the capsule the safe solution that saved the astronauts lives.  Yet, the real-time data has been intentionally withheld and stored on operational planes for fear of aviation industry litigation. A year prior to 9/11 I spoke in NY at the International Aviation Safety Association meeting on preventing crashes like golfer Payne Stewarts decompression crash.  Nothing was done by the FAA or industry and we got 9/11 (hijacking is about ten percent of aviation fatalities) and  the 2005, 100 fatality, Helios decompression crash.  When a plane deviates from its approved flight plan we now have the ability to securely take remote control of it and land it safely at a designated airfield.  We presently have remote pilot vehicles flying now utilizing secure high bandwidth communication networks (we use them for our submarines, AWACS planes, etc.) and there isn’t a logical reason for not making that technology available for cargo and carrier aircraft.  The cost of 9/11 alone is ten times the cost of putting in a safe system and yet nothing has intentionally been done.  We would also be accruing additional annual safety and cost benefits. On July 4, 2009 the Los Angeles Times took a section of a letter that I sent to them and put this in their LETTERS section: “There is no technical reason why digital flight recorder data are not sent in real-time to the ground. We have the technology to do this. Then, within a couple of seconds, we would have a plane’s position, altitude and velocity safely stored on the ground. This information could be used for flight safety, aviation security and cost reduction. We don’t know what went wrong on Flight 447, but we would sure know where the plane went down, why it went down and possibly could have saved lives.” Getting to the crash site early may save lives, getting the DFDR can prevent recurring fatal crashes.  It’s not just position that’s needed it’s all of the data sent to the recorder that is critical to ascertaining the root cause of a crash and should be available to prevent some of the crashes from occurring. The real-time use of the data recorders will save a substantial amount of lives, make our country safer and reduce the cost of flying.  Telemetering the flight data to the ground in real-time would assure that we have the data - in many crashes the flight data isn’t recovered (e.g. 9/11, et al) or has errors in it since no one is looking at it, or using it in real-time to find malfunctions. Yet, this valuable digital flight recorder data (DFDR) data has been left to the autopsy mode for post mortem simulations and not utilized proactively in real-time to save lives.  We got our astronauts back from the moon by the real-time monitoring the data. It was the ground personnel that found the problem and relayed back to the capsule the solution that saved our astronauts. 

When a plane deviates from its approved flight plan we now have the ability to securely take remote control of it and land it safely at a designated airfield.  We presently have remote pilot vehicles flying now utilizing secure high bandwidth communication networks (we use them for our submarines, AWACS planes, etc.) and there isn’t a logical reason for not making that technology available for cargo and carrier aircraft.  The cost of 9/11 alone is ten times the cost of putting in a safe system and yet nothing has intentionally been done.  We would also be accruing additional annual safety and cost benefits.  I know about this because I lost a friend on a flight that I sent on a work assignmnet while I was Chief Engineer of Northorps Electronics Division.  I sympathize

   

This, Air France flight 447, is another example of horrific crashes that possibly could have been prevented and save lives. We surely would be able to use the flight data to prevent recurring crashes of this type and to minimize the anguish of the passengers families and the cost and time of trying to recover the recorders.  The only way to change this is if the public demands that the flight recorder data be available in real-time and that the flight data isn’t the private property of the airline industry to suppress out of fear of litigation.

 

To appreciate how the aviation industry has in my opion illegally or immorally covered themselfs one merely has to look at the fine print on the back of each aviation ticket.  It states that the liability of the industry is limited to a small quantity of persons earnings capacity if the fatal crash occurs over international waters.  This is the Titanic clause that the aviation industry quietly got put into effect to prevent any reasonable suit by the families of people that lost a loved one in a fatal aircrash.  It will be in effect for Air France Flight 447. Thus, it is almost impossible to get reasonable compensation for relatives of a fatal aircrash when its the airline or pilots fault.  Passengers were never brought in to say that this law, that was quietly pushed through, is unjust.  The aviation industry covered itself.  The flight data recorder they say is private, even though the witholding of the data has been responsible for a multitude of fatal air crashes and breaches in national security.  This should not be allowed.  People shoud write to their representatives and have the Titanic clause removed and the flight data recorder be freely disseminated in real-time.  With the free use of the flight data in real-time many fatal crashes would be eliminated and the cost of flying would be reduced.  Sy Levine 

By seymour (sy) levine on 06/12/2009 10:54 pm
Kelly In Texas

Thank you Sy…what an informational post that was. It answered many questions and brought up other questions that need to be asked and answered.

Real-time flight data is more than over due. The Titanic clause is something that I had never heard about and it is something that I am going to spend some time finding out more about. I also had not thought of remote control capabilities for commercial airlines…another good idea Sy.

Thanks for all of the info.

By Kelly In Texas on 06/13/2009 12:06 am
Mark Rowe

Sy,

I cannot let this go without comment. I have never read a more cynically self serving or self promoting piece in my life. I notice you don’t mention that you are the holder of the patent for the Safelander system, do you. You are correct in saying that there is no technical reason why the digital flight recorder data isn’t sent in real-time to the ground fr one aircraft, but there are many for not doing it on an industry  scale.

You are dishonest in comparing the commercial aviation system to an Apollo mission. Yes the ground staff monitored the Apollo flights, and after Apollo 13 reported the problem they were able to confirm effects and assist with problem solving, but how many staff did it take to do that real time analysis for just one flight? 4 tiers of at least 4-6 people per tier, per shift? Now multiply that by the thousands of flights daily in scheduled airline operations and staff costs alone become prohibitive. Sure the public may demand it, but will they be willing to pay the huge extra cost in air fares to finance it? From the coverage i saw of the price rises due to oil costs I doubt it.

You claim that telemetry of real time data could have prevented 9/11. To that I say cow cookies. I went and had a look at your, yes your, safelander.com website. In it you say:

"The remote pilot, who can concurrently control a plurality of operational aircraft, communicates with Air Traffic Control and operates in a secure, synthetic vision, high fidelity, virtual reality cockpit simulator located in a ground-based facility. The patent saves cost and weight by providing a method for safely piloting traditionally dual piloted operational aircraft with just a single onboard pilot."

Let’s just examine this claim shall we? From where does the high fidelity synthetic vision come? It’s relatively simple on a flight simulator, but you are talking about a real time video feed from each aircraft ! On top of DFD telemetry, the bandwidth required would be enourmous. And you claim that a single pilot could operate safely what is traditionally a dual piloted aircraft! But the reason they are dual piloted is because they became so complex with so many different information sources that one pilot could not safely deal with it, and a challenge response system of checklists was instigated to ensure as far as practcable no vital steps were missed. Of course in emergencies disractions do occur, and despite the best of intentions steps sometimes still get missed. And then  you claim not only can one operator in a remote facility do it more safely than two pilots in the aircraft, but they can do so for multiple aircraft. So what, does your pilot have 2, 3 or 4 aircrafts views projected simultaneously on the high fidelity synthetic vision screens of his simulated cockpit? What if he accidentally sends control inputs to the wrong aircraft? ( I’ve seen it happen with unmanned aerial vehicles (UAVs).)

You say in the article above that:

"We presently have remote pilot vehicles flying now utilizing secure high bandwidth communication networks (we use them for our submarines, AWACS planes, etc.) and there isn’t a logical reason for not making that technology available for cargo and carrier aircraft.  The cost of 9/11 alone is ten times the cost of putting in a safe system and yet nothing has intentionally been done. "

There are any number of logical reasons for not adopting this technology in cargo and carrier aircraft, it is already available to them. First spectrum. There are relatively few military aircraft utilising this high bandwidth communication, and electromagnetic spectrum is already a scarce resource. To find enough bandwidth to do so on the global aviation scale will mean finding room in the spectrum for it.. Can you convince the world population to give up cel phones or wireless Internet to make room? Second, application. Military UAVs, which is essentialy what you are proposing passenger aircraft to become, cannot just fly any where. They are restricted as to the airspace in which they can operate, because they are unable to detect and avoid other aircraft (and TCAS doesn’t fully solve that issue), and there needs to be a back up plan in case of loss of telemetry and command links. In many cases the contingency is to spiral down to crash because the vehicle is expendable, but people in aircraft are not! And instead of making emotionally charged statement about relative costs, how about some figures to prove it.

I’m also curious to know under what conditions your remote control pilots would assume command of an aircraft, and how would it be activated. Flights may deviate from their approved route for many reasons. Radio or navigation system failures, ill passenger on board, disruptive passenger on board, weather conditions, minor aircraft malfunction. How would you differentiate these from a case of disabled crew, or hijack? And how would your control of the flight be initiated?

There is no way on God’s green earth that airlines will agree to install a system where control can be taken from the pilots without them making a conscious decision to allow it, and even if they did no pilot would fly them. That is because if there was no communication a pilot may  not be able to discen the difference between a malfunction. and a remotely issued control instruction, or even interference on the control channel. That being the case, if a crew is rapidly disabled, then your system may not be able to prevent anything as the crew may not have the time or ability to engage it.

There is another, more compelling reason for not having your system able to be engaged without the conscious selection of the crew. If, as you claim, one control position can control multiple aircraft, then you have potential for an event that would make 9/11 look like a minor car park bingle. If a terrorist group were to access this technology, then one team could take control of aircraft without ever having to pass through airport security, or even venture near the airport. One team could achieve as much, if not more, than 5 teams achieved on 9/11, and 5 teams could wreak carnage on a continental scale. Consider what would happen if New York, Washington DC, Los Angeles, San Francisco and Chigago were attacked simultaneously.

I am an Australian, an Air Traffic Controller, and a military officer with extensive experience of integrating UAV’s into airspace used by air transport operations, with experience at both International Airports and military bases.

I am offended at the cynical way you are pushing your own financial barrow and using the tragedy of AF 447 to do so. I thought that Air France were incredibly brave to openly announce the airspeed indicator issue, knowing that it would attract the mindless drones of the media. And may I add that data came from the limited telemetry that is commercially viable at the moment. However it doesn’t gel with accounts from a following aircraft of a bright light and rapid descent. This to me is far more indicative of an explosion,, whether caused by lightning or a bomb, and the widespread wreckage would seem to support that scenario as well.

It’s only natural for people to look to blame somebody for a tragedy like this. However sometimes there is no blame. Everything has risks, even simply crossing the road or even eating peanuts. Sometimes the odds catch up with you.

By Mark Rowe on 06/14/2009 11:19 am
Amelie Poulain
Way to go, Mark.  Thanks for sussing out the snake oil salesmen in the room. 
By Amelie Poulain on 06/15/2009 12:37 pm
seymour (sy) levine
Kelly thank you so much for your response.  The cause of flight 447’s crash will be very difficult to prove fault and thus I believe the families of the crash will have to settle for limits set by the Titanic clause.  No one will know for sure that the air-speed sensors were at fault at the start of the flight and thus it will fall into the Titanic clause.  I understand what the families are trying to do but I don’t believe they will succeed. The titanic clause isn’t in effect over land areas where if there is negligence fault you can sue for reasonable compensation.  That is because people were watching the immoral manipulation by the aviation industry and faught the industry.  But when no one is watching, like international waters, the aviation industry moves to pay as little as possible.  Unfortunately they have succeeded.  The black box is now accepted but it was a battle by a lot of people over the interest of the aviation industry.  The old boxes had very little information on them.  Only the minimum since each input was fought by the aviation industry.  Thus, even if a crash occurred you couldn’t tell what happened.  It is a battle with the industry to get it to perform safely and that’s nuts.  Since when it does the right thing for the passengers it has been prov-en over and over again that they profit and become more efficient.  They have operated out of fear for so long that they have lobby organizations that spend millions of dollars just to keep the politicians on their side.  That is the present situation "industry first and passengers second".  Hopefully this will change and flying will be safer, our countries more secure and contrary to their fears the aviation industry will become more profitable.
By seymour (sy) levine on 06/13/2009 7:16 am
albert miller
Are you trying to imply that politicians are susceptible to bribery? Are you saying corporate heads aren’t concerned more than anything, about the safety of people? Unthinkable! Just don’t go off like Von Brunn.
By albert miller on 06/14/2009 1:01 am