Lawyer, Former Boeing Pilot Shocked by Lion Air Crash Report

TEMPO.CO, Jakarta,

Written: Marini Sulaeman, Managing Partner of Legisperitus.

Specialist aviation law firm  Ashfords is working with leading Jakarta law firm Legisperitus to advise families who lost loved ones in the Lion Air tragedy. Jim Morris, Head of Aviation at Ashfords and former RAF Boeing AWACS pilot, welcomes the prompt publication of a detailed Preliminary Report which provides important information on the chain of events that led to the accident, especially the operation and design of key flight sensors and control systems on the Boeing 737 MAX 8 aircraft.

The Preliminary Report by the Indonesian Air Accident Investigators states that after the aircraft took off from Jakarta there was a difference between the left and right angle of attack (AoA) sensors of 20 degrees. The angle of attack is the pitch angle of the aircraft in relation to the direction of air flow. After the wing flaps were retracted the automatic aircraft nose down trim activated and there were issues with the airspeed and altitude indications to the pilots.  The automatic nose down trim continued for the rest of the flight and pilots tried to counteract this by applying nose up trim. Just under 10 minutes after takeoff the pilots notified air traffic control that they had a flight control problem and were flying the aircraft manually, then shortly afterward it crashed into the sea at high speed, tragically killing all 189 passengers and crew.

The Aviation Team at national law firm Ashfords LLP specializes in representing the victims of air accidents. Jim Morris has significant professional experience in flying large Boeing aircraft and representing victims of air accidents involving Boeing aircraft. 

Jim Morris commented: "This catastrophic loss of this almost new Boeing aircraft following a problem with the AoA sensors is extremely concerning. It is crucial that the investigators determine what caused problems with the sensors and associated systems, but these problems should not have caused the loss of an otherwise serviceable aircraft.  It is shocking that such a sensor fault causes an automatic nose down pitch trim runaway."

"The nose up/ down pitch control of an airliner is achieved through the rear tailplane - the horizontal stabilizer.  The pilots control columns move an elevator flap at the rear of the tailplane to pitch the nose up and down, but to trim the aircraft (to neutralise force required on the control column to maintain nose up/ down pitch attitude) the whole of the rear tailplane is moved by motors that are controlled by pitch trim switches on the control column or by the automated flight systems on the aircraft.  Because the pitch trim moves the whole of the rear tailplane, a pitch trim runaway can have a very dramatic effect on the nose down/ nose up pitch of the aircraft that can be very difficult for the pilots to counteract unless they switch the pitch trim motors off."

"Modern airliners have autopilots and automated systems to reduce the workload of pilots and improve safety.  These systems rely on key sensors, including the AoA sensors. When there is a fault with these sensors meaning the pilots have to fly the aircraft manually, the workload on the pilots dramatically increases, meaning that it is crucial that the aircraft responds as expected during this manual flight.  In the circumstances of this accident flight where there is a problem with the AoA sensor on takeoff and the pilots have to manually fly the aircraft in a high workload environment, an unexpected nose down trim runaway can lead to complete loss of control unless dealt with correctly. Such emergency risks and procedures should be clearly set out in the manufacturer's aircraft flight manual and pilots should receive training to deal with such emergencies."

The preliminary report states that following the accident the US Federal Aviation Administration (FAA)  issued an Emergency Airworthiness Directive applicable to Boeing 737-8/ -9 aircraft because of the unsafe condition of the automatic pitch down trim identified  which required revision of the aircraft flight manual on the procedures to be used to deal with errors in the AoA sensors and runaway pitch trim of the tail plane.

The preliminary report also contains correspondence from Boeing in response to many requests from 737 operators to explain the operation of the pitch augmentation system of the 737-8/-9 aircraft that automatically applies nose down pitch in certain circumstances.  Boeing has also issued updated operating instructions to 737-8/-9 operators on how to recognize erroneous AoA data and how to deal with an uncommanded nose down trim, by setting the TRIM CUTOUT switches to CUTOUT, then using manual trim.

Jim further commented: "It is very surprising that there was the need for this revision to the 737-8/-9 flight manuals so that pilots are made aware of how to deal this type of AoA sensor problem and pitch trim runaway. Had the need for this been identified when the aircraft was developed and tested, the Lion Air tragedy could have been prevented."

Marini Sulaeman, Managing Partner of Legisperitus, is meeting and advising families in Jakarta.  Marini commented: "At the moment we want to make sure that the victim families perfectly understand that the mandatory compensation under the legislation should be granted regardless of any claim the families claim against Boeing or Lion Air. The victim families have the option to pursue legal action against parties responsible in this catastrophic accident, either the air carrier or the aircraft manufacturer. This right to sue is guaranteed by Indonesian legislation. The sum of compensation provided for by the legislation does not cover the possibility for next of kin/beneficiary to file a claim against the air carrier at any court within the area of the Republic of Indonesia or through arbitration or other alternative dispute resolution in accordance to applicable laws and regulations. In other words, in the instance where fault and neglect are found, the provisions under Indonesian Aviation Law cannot be used to limit the liability of air carrier. The mandatory compensation under the legislation should be granted regardless of the claim the families file against Boeing or Lion Air.

American Aviation Law subscribes to the concept of strict liability and does not limit the sum of indemnity. It also applies the Rules of Discovery and Duty of Candor which allows the claimant to pursue evidence in the domicile of the defendant and requires the defendant to give true statements. This shall provide ease in the process of facts gathering for the cause of accidents, therefore, the families of victims can obtain comprehensive information and safety measures can be taken to avoid similar accidents in the future, making air travel safer for all.

Many of the victims are the breadwinner for their families and thus leave behind next of kin/beneficiaries with basic needs for clothes, food, and shelter. Currently, we have partnered up with Ashfords and other firms in all related jurisdictions to represent some of the victims’ next of kin/beneficiaries in obtaining better compensation other than the compulsory under Indonesian legislation.”