Hawker vs. Glider Midair - with photo!

Jim Logajan wrote:
Graeme Cant gcantinter@tnodedotnet wrote:
Like when I hit another car from behind, prima facie it's my fault.

I'd bet that is no longer the case. There is an insurance fraud tactic
where the perps deliberately cause rear-end accidents by pulling in front
of an innocent driver's vehicle and slams on the brakes. See for example:

http://personalinsure.about.com/cs/v.../aa062203a.htm

Yes, we have that scam here too. Nevertheless, the onus is always on
the car behind to make his case. As I said, prima facie, the rear car
is at fault.

GC

Kingfish wrote:
Larry Dighera wrote:
While pilot Annette Saunders handled her Hawker 800XP admirably after
colliding with the glider, why she obviously failed to give way is a
mystery.

Don't you have to *see* the other aircraft before you can give way? As
has been mentioned by other posters in this thread, if the glider
didn't have a transponder the jet's TCAS wouldn't have seen it, and the
glider's profile might make it hard to spot. Why do you automatically
assume the Hawker pilot is at fault?

When in VMC pilots are required to maintain a visual see and avoid
whether they are operating IFR or flying a bizjet.

Ron Natalie wrote:

When in VMC pilots are required to maintain a visual see and avoid
whether they are operating IFR or flying a bizjet.

I think we're in agreement - but "see and avoid" didn't seem to work
here as one or both pilots didn't "see and avoid" the other. Going
round & round over right of way rules (to me) is irrelevant in this
case because visual contact was never made. Let the FAA figger out who
*if anyone* was at fault.

Kingfish wrote:
Ron Natalie wrote:

When in VMC pilots are required to maintain a visual see and avoid
whether they are operating IFR or flying a bizjet.

I think we're in agreement - but "see and avoid" didn't seem to work
here as one or both pilots didn't "see and avoid" the other. Going
round & round over right of way rules (to me) is irrelevant in this
case because visual contact was never made. Let the FAA figger out who
*if anyone* was at fault.

The FAA held a hearing in Minden yesterday (Wednesady). Obviously there
is no official report as yet, but according to people I know who were
in the room, the FAA found that nobody was at fault.