ERA26LA062

The pilot reported that he was departing on a night instrument flight rules (IFR) cross country flight, back to the airport where the airplane was based. He rotated at 55 knots and when he “started to pull back at 100 ft felt an aggressive yaw to the left.” He applied right rudder, but was unable to correct for the yaw, and the airplane impacted trees to the left of the runway resulting in substantial damage to the fuselage, empennage, and both wings. The pilot stated that before departure he requested the fixed base operator (FBO) add fuel to bring the total onboard to 32 gallons; however, a review of fuel records showed the airplane was fueled with 27.7 gallons of 100LL aviation fuel which filled the wing fuel tanks completely. The airplane had a total fuel capacity of 42 gallons with 38 gallons usable. With the wing fuel tanks full, the pilot, and 3 passengers, the airplane would be overweight, so the pilot decided to drain some fuel. He reported draining 4 gallons of fuel which would bring the total usable fuel to 34 gallons. He then called clearance delivery to obtain his IFR clearance and advised them he would need 30 minutes on the ground to burn more fuel. He subsequently shut the airplane down and measured the amount of fuel using a dipstick, which showed 32 gallons. He then completed another external preflight using the airplane checklist, restarted the airplane, and requested taxi instructions. A review of air traffic control communications showed that 17 minutes had elapsed from the time the pilot called for his IFR clearance to when he requested taxi instructions. The pilot provided a copy of the airplane weight and balance which showed the total amount of fuel onboard of 30 gallons. Based on the received weight and balance information and the unclear amount of fuel onboard, it is likely that the airplane was at or above its maximum takeoff weight. A postaccident examination of the airframe revealed no preaccident mechanical malfunctions or failures that would have precluded normal operation. The aggressive left yaw the pilot experienced was likely a result of the airplane entering an aerodynamic stall.