Drones Expert Witness

Overview

About Drones Expert Witnesses

A drone expert answers what the aircraft did, who was responsible for it, and whether that person met the FAA's rules. A drone case often has rich data. The flight controller, the app, the handset and the airframe may hold a detailed track of the flight. This page covers small unmanned aircraft. Manned aviation has its own page, and data recovery from a damaged device may need a digital forensics examiner.

The Rules That Set the Standard

Commercial small drone operations are governed by 14 CFR Part 107, and those rules supply clear benchmarks.

Responsibility sits with one person. The remote pilot in command is directly responsible for and is the final authority as to the operation of the small unmanned aircraft system ¹. That person must ensure the aircraft will pose no undue hazard to other people, other aircraft or other property in the event of a loss of control for any reason ¹. That last clause matters most, because it requires planning for failure. A motor failure or a lost link is therefore not an automatic defense.

The other limits are specific:

• Line of sight. The remote pilot, any visual observer, and the person manipulating the controls must be able to see the aircraft throughout the flight with vision unaided by any device other than corrective lenses ².
• Altitude and speed. The aircraft cannot be higher than 400 feet above ground level, unless flown within a 400-foot radius of a structure and no higher than 400 feet above its uppermost limit. Groundspeed may not exceed 87 knots, or 100 miles per hour ³.
• Over people. No person may operate a small unmanned aircraft over a human being unless that person is directly participating, is under a covered structure or inside a stationary vehicle, or another listed path applies ⁴.
• Preflight. The operator must assess the operating environment, including local weather, airspace and flight restrictions, the location of persons and property on the surface, and other ground hazards ⁵.

Reporting

A remote pilot in command must report to the FAA, no later than 10 calendar days after, any operation involving at least serious injury to any person or any loss of consciousness, or property damage other than to the drone unless a listed condition applies ⁶. A missing report may raise a question about conduct, and a filed one may contain admissions. Counsel should request it.

The Data

The investigation usually begins with the logs. An expert seeks the aircraft's onboard records, the controller and app files, any cloud records, video, and the battery's history. Together they may show position, altitude, control inputs, signal strength, battery level, and warnings shown to the pilot. Some data is proprietary or encrypted, and some is overwritten, so preservation should come first and the aircraft should not be powered on casually.

Remote identification may add another source. The FAA describes Remote ID as the ability of a drone in flight to provide identification and location information that can be received by other parties through a broadcast signal ⁷. Where a broadcast was recorded, it can help identify an operator, including for a drone that was never recovered.

The usual failure questions are mechanical and human: propeller or motor failure, battery depletion, compass or GPS error, flyaways, loss of link and pilot input. An expert separates a true malfunction from an error that looks like one, since a lost link may have triggered a return-to-home that flew into a structure.

Change Coming to the Rules

The FAA has proposed a rule for normalizing Beyond Visual Line of Sight operations, with requirements for operations, manufacturing, separation from other aircraft, authorization, security and record keeping ⁸. A company's waiver or authorization should be read for the date in question, and the current status of the rule should be confirmed, because it may change what counts as ordinary practice.

Other Claims

Drone disputes also include privacy, trespass and nuisance, usually under state law, and products claims against a manufacturer. Insurance coverage can be a separate question. Non-commercial flyers operate under different rules from Part 107, so the type of operation is an early issue.

Who Is Qualified, and Who Does What

Look for a certificated remote pilot with commercial operations experience and direct knowledge of the airframe type. Former FAA staff can address compliance. An aerospace or electrical engineer addresses failure of the airframe, motors or software. A digital forensics examiner addresses data extraction. A biomechanical engineer addresses injury from a blade or an impact.

Qualifications

Qualifications to Look For

• ✓Remote pilot certificate with commercial operations experience
• ✓Direct knowledge of the airframe and flight control system at issue
• ✓Working command of 14 CFR Part 107 and any waiver in the case
• ✓Experience extracting and interpreting flight logs and telemetry
• ✓For failure analysis, aerospace or electrical engineering training
• ✓Knowledge of safety management for commercial operations
• ✓Prior deposition and trial testimony experience

FAQ

Frequently Asked Questions