Aviation Accidents
The Federal Aviation Agency (FAA) expects air travel to double in the next 20 years. While air travel is one of the safest ways to travel, aviation accidents are devastating events that often result in serious injuries and death. If people are injured or killed in airplane or helicopter accidents, they or their loved ones may be eligible to recover compensation for their losses and suffering.
Some of the most common reasons for aviation accidents for both commercial and non-commercial carriers include non-compliance of FAA rules and regulations, pilot or flight crew error, design flaws, mechanical failure, weather conditions, and negligence of the Flight Service Station, Federal Air Traffic Controllers and/or third party selection of a carrier.
The National Transportation Safety Board (NTSB) and the FAA are responsible for regulating air travel and investigating all aviation accidents whether they involve commercial, common, or private aircraft. These agencies also set the safety standards for pilots, flight operation, airplane manufactures, and more.
Aviation law is complex and involves many possible claims of liability under state, federal, and even international law. When aviation accidents result in injury or death, an investigation may reveal that any of the following parties are responsible, due to negligence or some other wrongdoing:
- The pilot or other aircrew
- The repair or maintenance officials
- The aircraft’s designer or manufacturer
- The owners or operators of the aircraft or carrier service
- The Federal government (i.e. air traffic control)
More than one party may be held liable in airplane accident lawsuits.
Usually, aviation accident claims are filed based on negligence or product liability. Negligence is one party’s failure to do something a reasonable person would have done under similar circumstances. Careless pilot error, for example, may justify a negligence claim in an aviation accident case. Product liability holds manufacturers, designers, and sellers of defective products responsible for any injuries or fatalities caused by their product. In the case of a defective aircraft or craft part, a product liability claim may be appropriate to recover your losses. A qualified aviation attorney can discuss your claims when determining the best way to pursue your case.
In order to bring an aviation accident claim, you must prove the person or company responsible did not meet the required standards for operation, engineering, or regulatory issues.
It is important to know that aviation accident cases may be subject to a statute of limitation. This limits the time a person has to file a personal injury claim. This time varies for different claims as well as from state to state.
If you or a loved one has been injured or killed in an aviation accident, you may be able to seek compensation and recover your losses related to medical expenses, lost wages, reduced earning capacity, disability, pain and suffering, and more.
Please contact us today to speak with an experienced and qualified attorney who will evaluate your case free of charge to determine the best way to protect your legal rights. Frank Lamothe is a licensed instrument rated pilot who has handled complex fixed wing and helicopter cases. He has lectured on aviation accidents to the Lawyers-Pilots Bar Association.