NTSB Factual Report

On February 12, 2002, about 1530 eastern standard time, an Aero Commander 500U, N441WW, registered to Aircenter, Inc., and operated by the pilot, collided with wooded terrain in the Big Frog Wilderness area of the Cherokee National Forest near Copperhill, Tennessee. The personal flight was operated under the provisions of Title 14 CFR Part 91 with no flight plan filed. Visual meteorological conditions prevailed at the time of the accident. The airplane sustained substantial damage, and the commercial pilot received serious injuries. The flight departed Andrews-Murphy Airport in Andrews, North Carolina, at 1430.

The flight was en route to Barwick La Fayette Airport in La Fayette, Georgia. A witness who heard the airplane flying low in the vicinity of the accident site reported the airplane made "sputtering" engine noises that cut out and quit prior to its collision with the wooded terrain. A Polk County Sheriff's Department deputy who responded to the scene observed Life Force helicopter rescue personnel administer care to the pilot. The deputy and other witnesses reported hearing the pilot state the airplane ran out of fuel.

Examination of the wreckage revealed the tail was separated from the fuselage aft of the wings. Both wings and both engines were found separated as one unit lodged vertically in a stand of pine trees. The nose section of the airframe was crushed, and the pilot's seat was found separated in the woods near the main wreckage. The landing gear handle was found in the down position, the left main landing gear was found in the down and locked position, and the right main landing gear and nose gear sustained impact damage. The propeller blades of both engines displayed minor damage, and both propeller spinners were found intact and in place. No evidence of fuel odor nor fuel leakage was observed at the accident site, and fuel was not observed during recovery efforts.

Both engines were examined at a recovery facility on July 12, 2002. The wreckage was supported upright and secured, provisions were made for the fuel supply, and electrical power was supplied to the starter. The left propeller was removed and a test club propeller was installed. Both engines were operated separately for a period of about two minutes each. After clearing and warm up, each engine operated smoothly during testing at rpm ranging from idle to 1900. The upper rpm range of both engines was limited for the safety of personnel. Magneto checks were equal, with about 100 rpm drop from 1700 rpm, and both engines idled smoothly at 700 rpm.

Requests for information sent to the pilot via certified mail to his home and his business were not complied with.

NTSB Probable Cause

The pilot's inadequate preflight planning, which resulted in a total loss of engine power due to fuel exhaustion and a subsequent collision with trees during emergency landing on unsuitable terrain