The extended family of NASCAR legend Greg Biffle faces many unanswered questions in the wake of the fatal plane crash that took his life last week.
Biffle, 55, his wife, Cristina, his 14-year-old daughter, Emma, and his 5-year-old son, Ryder, were all killed when his plane burst into flames upon making an emergency landing at Statesville Regional Airport on Thursday, December 18. The three other individuals on board the plane also died.
While the investigation into the crash remains ongoing, an aviation expert and attorney exclusively told Luxury Handbag Shopping about a potential legal path forward for the families involved.
“It’s a very complicated area of the law,” former military pilot Dan Rose explained. “You really need to know what went wrong, what parts were affected, if that’s the case. What were the design issues? There is actually a federal law that says if a plane is older than 18 years — which I’m certain this one was — there is essentially a presumption that it’s not a defect in design. It’s been operating for 18 years.”
He added, “It’s a legal issue that the families will definitely have to navigate and hurdle if that ends up being where the investigation goes.”
Rose explained that “maintenance” of the aircraft could also come into play legally, referencing a recent crash involving a Cessna Citation 550, the same plane Biffle owned.
“It was an older plane, but there was recent maintenance performed on it, so the maintenance is kind of outside this federal statute that doesn’t allow lawsuits for design defects,” Rose said. “I should explain, there are exceptions to that too. So if it turns out that one of those exceptions, such as the manufacturer, knew about the problem but didn’t disclose it, then that federal statute would not apply.”
Rose added, “We would certainly argue that if we were representing the families.”
As for an investigation timeline moving forward, Rose explained that patience is often a well-worn virtue in situations like this.
“I would say the default from the [National Transportation Safety Board] is probably close to two years with a final report coming out,” Rose said. “The NTSB is pretty good about getting out what’s called a preliminary report in the first few weeks. But it’s very cursory, generally.”
Rose continued, “As somebody who looks at these all the time, you can read between the lines and see generally which way the investigation is going. Is it going mechanical? Is it going pilot error? Is it going weather? That kind of thing.”
In the specific case of the Biffle crash, however, the fame of the late NASCAR star might help expedite things a little bit.
“This is certainly a terrible tragedy and it’s high profile, so those tend to be kicked up the hierarchy a little bit in terms of how quickly they get resolved,” Rose said. “But I would be surprised if there was a final report within a year.”
The NTSB released new photos and videos from the crash site in coordination with a press conference on Saturday, December 20.
“Our representative with the National Transportation Safety Board disaster assistance division is continuing to work with the family members and loved ones of those who lost their lives in this accident,” NTSB board member Michael Graham said. “And I want to thank the family members who have been assisting our team during this terrible time.”
