You are asking the wrong question. What you should be asking is:
- How did I allow it to happen that I was at the same altitude and in close proximity to a manned aircraft?
- Why did I not have awareness for the approaching helicopter?
- Why did I not immediately descend as fast possible to avoid a potentially dangerous situation?
- Do I understand that it is my responsibility to stay clear of manned aircraft irregardless of where they are flying or what they are doing?
*Because I thought they had to stay above 400 feet so that by me obeying the height restriction I was at a safe height somewhere below the helicopter
*I was aware of the approaching helicopter. Unless a person has severe hearing loss it is impossible not too considering how low and loud it was. I did not lower the drone because I thought the helicopter had to stay above 400 feet
*The potential of a dangerous situation did not cross my mind because I assumed he was well above 400 feet because I thought they had to stay above 400 feet.
*Yes I understand that and it is why I was flying below 400 feet
Now I know 400 feet is meaningless when helicopters are in the air. I thought in a previous post in this thread I acknowledged I was in the wrong but maybe I wasn't clear enough.