Attorney Michael Rehm - (916) 233-7346
Helicopters operate throughout Sacramento County in a wide range of roles: news and traffic reporting, law enforcement patrol, emergency medical transport, agricultural work, tour operations, and private transport. Each type of operation carries a distinct legal framework, and helicopter accidents — particularly those involving loss of tail rotor effectiveness, dynamic rollover, or controlled flight into terrain — frequently turn on operational decisions made in the seconds before impact. Attorney Michael Rehm represents pilots, passengers, bystanders, and the families of those killed in helicopter accidents throughout Sacramento County and Northern California.
Cases are handled on a contingency fee basis. No fee without a recovery.
Standard of Care: Private vs. Commercial Helicopter Operations
Private Operations: Part 91
A private helicopter pilot operating under FAA Part 91 is held to the standard of a reasonably careful pilot with equivalent training, certification, and experience — ordinary negligence. 14 C.F.R. § 91.103 requires preflight familiarization with all available information. 14 C.F.R. § 91.13 prohibits careless or reckless operation. Violation of either establishes a presumption of negligence under California Evidence Code section 669.
Commercial and Charter Operations: Part 135
Helicopter charter operators under Part 135 certificates are common carriers. Civil Code section 2100 requires utmost care and diligence. Civil Code section 2101 requires the carrier to provide safe vehicles. Orr v. Pacific Southwest Airlines (1989) 208 Cal.App.3d 1467.
Helicopter-Specific Accident Causes
Loss of Tail Rotor Effectiveness
Loss of tail rotor effectiveness (LTE) occurs when aerodynamic forces reduce the tail rotor's ability to maintain directional control, typically at low airspeeds and high power settings. LTE is a known and documented phenomenon — the FAA published Advisory Circular AC 90-95 specifically addressing it. A pilot who operates in conditions known to produce LTE without the training to recognize and recover from it has failed to become familiar with all available information under 14 C.F.R. § 91.103.
Dynamic Rollover
Dynamic rollover occurs during landing or takeoff when one skid contacts the ground while the helicopter is still producing lift, creating a rolling moment that must be counteracted immediately. It is most common in sloped terrain landings, off-airport operations, and confined area approaches — all common in Sacramento Valley agricultural and utility helicopter work. Selection of an unsuitable landing area without proper reconnaissance supports a negligence claim against the pilot and operator.
Wire Strikes
Wire strikes remain a leading cause of helicopter fatalities in agricultural and low-altitude utility work. Irrigation canal and power distribution infrastructure across the Sacramento Valley creates a dense wire environment for low-flying helicopters. A pilot conducting low-altitude operations without proper wire awareness training or in violation of minimum altitude regulations has violated 14 C.F.R. § 91.119.
Controlled Flight into Terrain
Helicopter CFIT in the Sacramento area frequently involves flight into the Sierra Nevada foothills or Coastal Range under deteriorating visual conditions. Departure into instrument meteorological conditions without an IFR clearance violates 14 C.F.R. § 91.155 and establishes negligence per se.
Helicopter Tour and Sightseeing Operations
Helicopter tour operators carrying paying passengers are subject to the common carrier standard under Civil Code section 2100. In Dixon v. City of Livermore (2005) 127 Cal.App.4th 32, the court confirmed that an operator's failure to adequately vet pilot qualifications can be the basis for liability. A tour operator who assigns a pilot with inadequate experience in the specific helicopter type, or who conducts tours in conditions the aircraft or pilot cannot safely handle, has breached the duty of utmost care owed to its passengers.
Law Enforcement and Government Helicopter Operations
Sacramento County Sheriff and Sacramento Police Department both operate helicopter fleets. Injuries caused by law enforcement helicopter operations generate claims against public entities under the Government Claims Act. A written claim must be filed within six months under Government Code section 912.2. Under Government Code section 815.2, a public entity is vicariously liable for the negligent acts of its employees within the scope of employment. The six-month deadline is shorter than the two-year tort statute of limitations under CCP section 335.1 and is one of the most commonly missed deadlines in cases involving public entities.
Aircraft Owner Liability
California Public Utilities Code section 21404 makes the owner of an aircraft liable for injury caused by its operation with the owner's permission. A company that owns a helicopter and permits an employee or contractor to operate it is liable under section 21404 for harm the operation causes to third parties.
Damages
Helicopter accident victims can recover past and future medical expenses, lost earnings, impaired earning capacity, and noneconomic damages for pain and suffering. There is no statutory cap on noneconomic damages in general aviation helicopter accident cases. Under Civil Code § 1431.2, noneconomic damages are several only. Punitive damages are available under Civil Code section 3294 against private defendants. They are not available against public entities under Government Code section 818.
Fatal accidents are governed by Code of Civil Procedure section 377.60 (wrongful death) and section 377.30 (survival). For deaths occurring January 1, 2022 through January 1, 2026, CCP section 377.34 as amended by SB 447 permits recovery of pre-death pain and suffering in survival actions. That window is closed for deaths on or after January 1, 2026.
Filing in Sacramento County
Helicopter accident cases are filed in Sacramento County Superior Court at the Gordon D. Schaber Courthouse, 720 Ninth Street, Sacramento, CA 95814. Cases involving federal defendants are filed in the Eastern District of California at 501 I Street, Sacramento, CA 95814.
Related Pages
- Sacramento Aviation Accident Attorney
- Sacramento Air Ambulance Accident Attorney
- Sacramento General Aviation Accident Attorney
- Sacramento Charter Flight Accident Attorney
Attorney Michael Rehm represents helicopter accident victims throughout Sacramento County and Northern California on a contingency fee basis. No fee without a recovery. Call (916) 233-7346 to arrange a free consultation.
The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.
