Pilot Error, Crew Resource Management & Aviation Human Factors Expert Witness
Analysis of pilot decision-making, crew coordination, and human performance from the perspective of a current Part 121 A-350 First Officer, former U.S. Marine Corps F/A-18 pilot, and former military flight instructor and stage check pilot. Available to plaintiff and defense counsel nationwide.
Issues Addressed
- Pilot and crew decision-making: whether a pilot’s or crew’s decisions and actions met the applicable standard of care, based on the information available to them at the time.
- Crew Resource Management (CRM): briefing, communication, cross-checking, assertiveness, and leadership in multi-crew cockpits under FAA Advisory Circular 120-51E.
- Threat and Error Management (TEM): how threats and errors were identified, managed, or missed.
- Situational awareness and workload: task saturation, monitoring, and workload management in high-workload phases of flight.
- Military aeronautical decision-making: the U.S. Naval Aviation (Navy / Marine Corps) DAMCLAS framework — Decision-Making, Assertiveness, Mission Analysis, Communication, Leadership, Adaptability, and Situational Awareness.
- Organizational factors: SOP compliance culture, training, and Safety Management Systems (SMS) that shape individual pilot performance.
- Training and evaluation: how instruction and checkrides are designed to identify and correct performance problems. See flight training & pilot qualification.
Relevant Background
- Current International Widebody First Officer (A-350), executing multi-crew CRM, TEM, Flight Operations Manual (FOM), and Quick Reference Handbook (QRH) procedures in Part 121 operations.
- Former U.S. Marine Corps F/A-18 Section Leader (VMFA-314) and Indiana Air National Guard A-10C pilot (163rd Fighter Squadron), including day and Night Vision Goggle (NVG) operations.
- ~800 military instructor hours as a T-6 Texan II Primary Flight Instructor and Student Stage Check Pilot (VT-2, NAS Whiting Field).
- Wrote and posted a comparative analysis of civil Part 121 CRM standards and Naval Aviation DAMCLAS decision-making frameworks (read on LinkedIn).
- Facilitated Sandler Training’s Leadership for Organizational Excellence (OE) curriculum (2020–2022), focused on SOP formalization and management accountability.
Frequently Asked Questions
What does a pilot error analysis involve?
It looks at what the pilot or crew knew, what the regulations, procedures, and training called for, and whether their decisions and actions were reasonable at the time, without relying on hindsight. Contributing factors such as training, procedures, and organizational practices are part of the review.
Which CRM standards are applied?
FAA Advisory Circular 120-51E for civil multi-crew operations, the Threat and Error Management (TEM) concepts used in Part 121 training, and the U.S. Naval Aviation DAMCLAS framework for military operations.
Is Elliott B. Lushin a human factors psychologist?
No. His analysis is that of an experienced airline pilot, former military pilot, and former military and civil flight instructor applying FAA and Naval Aviation CRM frameworks.
Other Practice Areas
Case Intake & Conflict Checks
Available to plaintiff and defense counsel nationwide for initial conflict checks, case evaluations, Rule 26 expert reports, depositions, and trial testimony. Please include the jurisdiction, parties involved (for conflict screening), and key case deadlines in your initial inquiry. The current Fee Schedule, Retention Agreement, and Form W-9 are provided immediately upon conflict clearance.