[2], At about 6:11 p.m., Flight 706 and '458' collided at about 15,150 feet (4,620 m) altitude, over the San Gabriel Mountains in the vicinity of Duarte. Historical, Vehicle Accidents Links: en.wikipedia.org By: kkeps. The National Transportation Safety Board determines that the probable cause of this accident was the failure of both crews to see and avoid each other, but recognizes that they had only marginal capability to detect, assess and avoid the collision.

The pilot of ‘458’ then performed an aileron roll in order to allow the pilot to observe any air traffic above or below the aircraft. The fighter crashed into the airliner, which spun through the air and slammed into a mountain, exploding and killing everyone on board. Diagnostic tests at Mountain Home revealed that the aircraft had an inoperative radio, inoperative transponder, oxygen system leak and a degraded radar system.

Meanwhile, shortly after takeoff, Flight 706 received two radar traffic advisories, neither of which indicated the presence of '458'.

The pilot was instructed to fly at low altitude. [38] This motion requests that the court issue a court order for a person's deposition to be taken, and can be done prior to a lawsuit being filed under the Federal Rules of Civil Procedure.

[2], The aircraft was piloted by Captain Theodore Nicolay, 50, who had logged 15,490 hours of total flying time, with 2,562 hours in DC-9s.

[16] Other witnesses claimed that the F-4B ripped a large hole in the fuselage of the DC-9, through which papers and luggage streamed as the crippled airliner fell. They also calculated that their closing rate was about 1000 ft/s similar to the muzzle velocity of a .45 caliber gun.The NTSB, Federal Aviation Administration (FAA), and the Marine Corps flew a series of F-4B fighters along the flight paths described by Lt. Schiess, the radar intercept officer, and various witnesses. The FAA rebutted these findings and insisted that, regardless of the mode of operation, it is the duty of the aircraft pilot to be aware of any aircraft in his immediate vicinity.

Eleven actions were transferred in July 1972. In January 1972, the Gabel family filed a lawsuit against the United States that contained class-action allegations and sought a "declaratory judgment on the issue of liability."

Between three and ten seconds prior to the collision, he glanced up and observed the DC-9 in his peripheral vision and shouted a warning to the pilot. Though a severe ground fire ravaged both crash sites, the NTSB determined that all of the victims had died in the crash itself. Each starts five seconds prior and continues an additional five seconds after impact.

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