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#1
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Aluckyguess wrote:
How could the powered aircraft be at fault if the glider hit him from the side. 1. I love the concept of a 300kg, 60kt glider "hitting" a 10,000kg, 300kt bizjet - especially from the side! You'll notice in the photos that the glider's spar joiner is lodged in the radome, not the side window. It's physically impossible for a 60kt anything to hit a 300kt anything from the side. 2. Because he failed to see and avoid the glider. ALL aircraft in VMC are required to see and avoid other aircraft and they avoid them by following the right of way rules - the powered aircraft alters course to avoid the glider. There is no way to know who is at fault. That's true for you and me. But the courts and the insurance companies and the FAA will certainly find a way no matter how hard it is. They tend to work at these things more persistently than you and I do. If you cant see it you cant avoid it. I think the glider will end up at fault. You can see and avoid anything if you go slowly and carefully enough. Yes, I know that's not how powered aircraft are generally operated but the law says that's how they SHOULD be operated. It's no excuse to hitting a guy on a bike that you were in a big car travelling very fast even if you were under the speed limit. Like when I hit another car from behind, prima facie it's my fault. Not always. ALWAYS, prima facie. GC GC |
#2
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("Graeme Cant" wrote)
That's true for you and me. But the courts and the insurance companies and the FAA will certainly find a way no matter how hard it is. They tend to work at these things more persistently than you and I do. "Insurance companies are the most religious people in America - everything is an act of God." The 'big sky' (at 16,000 ft.) wasn't big enough. No fault to either pilot. (Under 12,000 ft. is a different matter, in my book) "Next case." Montblack |
#3
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![]() Montblack wrote: ("Graeme Cant" wrote) That's true for you and me. But the courts and the insurance companies and the FAA will certainly find a way no matter how hard it is. They tend to work at these things more persistently than you and I do. "Insurance companies are the most religious people in America - everything is an act of God." The 'big sky' (at 16,000 ft.) wasn't big enough. No fault to either pilot. (Under 12,000 ft. is a different matter, in my book) Guys! Hirao was UNDER 13,000 when the jet hit him and was circling in "good" lift. Those are the facts I Iearned from his mouth. It would not be possible for him to "run into" the jet. Matt Herron |
#4
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"Montblack" wrote:
("Graeme Cant" wrote) That's true for you and me. But the courts and the insurance companies and the FAA will certainly find a way no matter how hard it is. They tend to work at these things more persistently than you and I do. "Insurance companies are the most religious people in America - everything is an act of God." The 'big sky' (at 16,000 ft.) wasn't big enough. No fault to either pilot. No ROW rules or see and avoid in play here? (Under 12,000 ft. is a different matter, in my book) What difference occurs at 12,000 ft. "in your book"? -- Alex -- Replace "nospam" with "mail" to reply by email. Checked infrequently. |
#5
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("alexy" wrote)
What difference occurs at 12,000 ft. "in your book"? You lose much of the GA fleet at 12,000 ft. The sky gets that much bigger. TO HIT THE HAWKER 800XP, zipping past: 60 mph = 88 ft/sec 600 mph = 880 ft/sec 300 mph = 440 ft/sec +20% 360 mph = 528 ft/sec = 10 Hawkers @ 52' long, each. Or one (52 ft long) Hawker travels 52 ft, in a tenth of a second. TO HIT THE GLIDER - in the crosswalk: He's 22 ft long 60 mph = 88 ft/sec After 1 second, his tail is at 66 ft. His nose is at 88 ft. He's safe. (That's 14 ft clear of the Hawker's 52 ft wingspan) After 3/4 of a second, that would still leave 8 ft of the glider's tail exposed, to the Hawker's wing. (We'll call it one second to get through the crosswalk) One second one direction and 1/10th of a second the other direction - on a two dimensional plane at 13,000 ft. "My book" calls that ...blame the meteor. Montblack And it's a very good book. |
#6
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![]() "Graeme Cant" gcantinter@tnodedotnet wrote It's physically impossible for a 60kt anything to hit a 300kt anything from the side. A one-in-a-million shot? Yes. Impossible? No. I'm quite sure that the odds could be calculated, even. -- Jim in NC |
#7
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GC, you may say "ALWAYS, but I like to say "never say never". Put your
lawyer hat back on for a second. What if, for the sake of discussion, its 3 o'clock in the morning on a freeway, and you hit the guy on the bike, having not seen him, until the last second? You the big car driver have done everything right, but the bike did not make himself seen, and he was on the freeway where he was not suppose to be. As we've seen in all these threads, lots of variables to wade through. Graeme Cant wrote: Aluckyguess wrote: It's no excuse to hitting a guy on a bike that you were in a big car travelling very fast even if you were under the speed limit. Like when I hit another car from behind, prima facie it's my fault. Not always. ALWAYS, prima facie. GC GC |
#8
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snoop wrote:
GC, you may say "ALWAYS, but I like to say "never say never". I'm usually pretty cautious that way myself. Put your lawyer hat back on for a second. What if, for the sake of discussion, its 3 o'clock in the morning on a freeway, and you hit the guy on the bike, having not seen him, until the last second? You the big car driver have done everything right, but the bike did not make himself seen, and he was on the freeway where he was not suppose to be. As we've seen in all these threads, lots of variables to wade through. All those may or may not be true but if the reason HE gives is that he was in a big car travelling at a speed too high for him to reasonably be expected to take any avoiding action, then I would say he has no defence. That's the analogy with the power pilots on r.a.p. They say "How can WE possibly be expected to avoid a glider at the speeds we're travelling and with many other important things to occupy us". A sample quote is "How can you avoid what you haven't seen?" I wanted to remind them that the law REQUIRES them to travel at such a speed that they CAN see gliders. There are two aspects here. First - how we need to fly to stay alive. The discussion on ras has mostly been on this area and I'm in complete agreement with its defensive tone. Second - who's at fault if there is a collision. Here, I found the defensive discourse (My wife taught me that word!) on ras a bit puzzling. It assumed power aircraft held all the cards and this is untrue. The glider had right of way. This isn't everything but it IS the starting point. If you don't assert your rights every now and then, they disappear. Nobody else is going to grant you rights which you don't claim yourself. If YOU don't believe in your own case, why would anybody else see it from your point of view? I guess you have the same aggressive cycling lobby groups that we have here. Think of how they never tire of asserting their rights to be on the road, their right to hold up traffic, their green credentials. I know soaring won't do it but a tenth of their self-assertion would be nice to see here. I entirely agree that being right won't bring you back to life and I certainly try to fly on the basis that everyone else is out to kill me but I was trying to inject a little reality into the group with which this was originally cross-posted - rec.aviation.piloting. You'll notice I've taken the x-posting out. Finally, it will be interesting if the glider and the jet have different underwriters. GC |
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