By Holt Hackney
In the wake of the tragedy at the National Championship Air Races in Reno, Nevada, last fall, Slack & Davis attorney Michael L. Slack of Austin, TX is doing all he can to reduce the chances of a similar occurrence at future air races. Slack and his firm represent a number of injured spectators, and he recently attended the NTSB hearings that dealt with air race and air show safety issues.
On September 16, 2011, during a race among “unlimited class” aircraft, a highly modified North American P-51D flown by Jimmy Leeward suddenly went out of control and crashed into spectators, killing 11 people including the pilot, and injuring at least 69.
Slack, one of the country’s leading aviation law attorneys and a pilot himself, has been in communication with the Reno Air Races Association (RARA) through its attorney. Slack has also filed a public comment with the National Transportation Safety Board (NTSB) expressing his views on changes that he feels will make the race much safer for spectators, as well as racers and support crews.
On a parallel path, Slack and his firm are advocating for an expedited process to speed monetary relief to his clients and other injured spectators, while minimizing the legal costs for both sides in the litigation.
“What we need is a voluntary streamlined claims facility similar to what was set up after 9/11,” Slack said. “Injured spectators who opt into the claims facility would receive faster claims resolution by agreeing to forego a lawsuit.”
Slack believes the facility should provide for immediate advancement of medical expenses for those injured spectators who do not have access to health insurance and establish an expedited timeline for full compensation of the loss after an injured individual’s maximum medical improvement has been achieved and the loss can be quantified. Claims arising from deaths could begin processing toward resolution immediately. Participation in the claims facility would be optional and any claimant could elect to forego the facility and pursue their full remedies and claims in court.
Slack is equally outspoken about RARA embracing the concept of stakeholder discussions of changes that would make the races safer. “The racing teams and the fans of the Air Races deserve a seat at the table to have frank and open discussions of measures, which could virtually eliminate the risk of future spectator injuries and make racing much safer for the pilots and their crews,” he said.
“We would like to see RARA invite designated representatives of the private party stakeholders – pilots and crews, RARA, and racing fans – to begin proactive technical discussions on how to build in adequate safety margins for the various risk scenarios that confront participants and spectators at Reno,” Slack added. “Such negotiations would be intended to develop a consensus technical proposal for submission to the FAA and NTSB. Based on my years of experience, this approach will be a much more efficient and productive exercise if the private stakeholders come up with the proposal and take it to the FAA, rather than be reactive and wait for the FAA to decide what it is going to do.”
In crafting a solution, Slack believes it is important to look at three major risk categories for air races like the one staged every year in Reno.
First, organizers of the National Championship Air Races use a “heat” format where multiple planes race against each other. This stands in contrast to the single-airplane, “timed” format used in other air races, which obviously lessens the chance of a mid-air collision. The risks associated with multiple aircraft need to be properly assessed to determine if changes in racing rules need to occur.
Second, the safety standards for aircraft are loosely defined and monitored. He cited an example of how vintage airplanes used in Reno were often highly modified, exacerbating the flight loads and putting the aircraft under stresses that were not contemplated by their designers. Aircraft operating at higher airspeeds, such as the unlimited class, should be scrutinized much more closely to ensure structural integrity and sufficient controllability.
Third, the fitness of pilots needs attention. “These races are very, very demanding on pilots and require pilots to be in optimum physical and mental condition,” Slack said. “If a pilot is unable to meet the demands of this type of flying, a disaster is imminent. Stricter medical and fitness standards are needed to screen out pilots who present a danger to themselves, other pilots and spectators.”
Finally, the spectators at Reno are placed in an area that is highly vulnerable to contact with planes or debris if there is a mishap. The energy of multiple planes racing toward the spectator area is an invitation for disaster and is, in large part, why so many spectators were hit by debris in last year’s crash. By contrast, other air racing events and air shows confine the energy of aircraft parallel to and not directed toward spectator areas. To significantly reduce the risk of spectator contact with aircraft and debris from crashing aircraft, the Reno spectator area must be arranged parallel to the direction of flight and at a sufficient distance from the course to provide an envelope of safety from the dangers of impaired or out-of-control aircraft.
“There are ways to address the above risk factors, while being responsive to the desires of the participants and those who produce air races,” said Slack. “That is a balance that many of our Reno clients endorse. At the same time, it would be an even greater tragedy if we did nothing and this happened again.”
