Aviation Accidents and Injuries - An Overview

Air travel is generally considered to be a safer means of transportation than automobile travel, but according to the Federal Aviation Administration (FAA), air traffic is expected to double over the next 20 years. Such a dramatic increase will likely raise the risk of aviation accidents. Fortunately, less serious, non-fatal accidents involving private aircraft are more frequent than the catastrophic crashes or explosions we read about all too often in major newspapers or see on our television screens. When fatal accidents do occur, however, they can devastate the families of pilots, crews and passengers alike, all of whom require the best legal help available to identify and hold the proper parties responsible. Aviation attorneys at Matthews and Associates are that legal help.

The party or parties legally responsible for accidents depends upon the cause. Liable parties may include the owner and operator of the aircraft; the manufacturer(s) or contracted maintenance crew; and/or the federal government.

Aviation litigation is extremely complex. Many different theories of liability exist under state, federal, and international law. Several potential defendants can sometimes be involved in a single airline crash. In addition, in most cases several options can exist for trial venues. To hold a party responsible for an accident, the plaintiff must prove the defendant failed to meet an industry standard related to operating the aircraft, or related to engineering, or to other operational issues or standards. To successfully resolve these and other legal issues associated with a given aviation accident, contact an experienced aviation attorney at Matthews and Associates.

Causes of Plane Crashes

Aviation accident law covers major air carrier as well as general aviation accidents. General aviation includes all non-commercial aircraft such as small planes, large business jets, charter flights, pleasure crafts, helicopters and even hang gliders. Common causes of both major carrier accidents and general aviation accidents include:

• Pilot error
• Faulty equipment
• Federal Aviation Administration regulations violations
• Structural or design problems
• Negligence of Flight Service Station employees
• Negligence of Federal Air Traffic Controllers
• Negligence in a third party's selection of a carrier
  
  

The FAA and NTSB

In the United States, two federal agencies regulate air travel and also investigate every commercial and general aviation accident: (1.) The National Transportation Safety Board (NTSB) and (2.) the Federal Aviation Administration (FAA). The NTSB is in charge of investigating every civil aircraft accident and recommending safety standards to prevent future accidents. The FAA sets legal safety standards for pilot conduct, flight operations, and aircraft manufacturers. It enforces FAA regulations through civil and even criminal penalties.

Personal Injury Claims for Aviation Accidents

While the circumstances of different aviation accidents vary, claims for personal injury or death resulting from an aviation accident are generally controlled by the legal theories of negligence, product liability or some combination of the two. In addition, because air travel is regulated by two federal agencies, federal rules and regulations may impact a personal injury claim or the standard of care legally owed to the victim of an aviation accident.

Negligence is the legal term for the failure to do or not do that which a reasonable person would do, in a similar situation, to protect others from foreseeable risks. Pilots, airline maintenance providers and major airlines are among those subject to negligence claims whenever an aviation accident occurs. Product liability refers to the legal responsibility placed on manufacturers and sellers of defective products. If it can be proven that a defective product contributed to an aviation-related accident, then product liability may allow recovery against the manufacturer or seller of the defective product.

Liability - Owner or Operator

Aircraft owners and operators are held to a high standard concerning duty of care. If carelessness or recklessness can be proven, then the owner will be held liable for the damages suffered by injured parties, including passengers, people on the ground, and even the pilot(s) and crew. Even if the aircraft owner was not operating the aircraft when the accident occurred, the owner may still be held liable under a legal theory called vicarious liability. It is similar to how automobile owners are responsible for the actions of the driver of the automobile they own.

Common Carriers

A commercial airline falls under the legal classification of a common carrier because it represents itself to the public as a party willing to carry all passengers who buy a ticket. A common air carrier is typically held to a different, more stringent standard than a private carrier. The FAA is the principle federal agency responsible for regulating an air carrier by imposing uniform standards and operating procedures and monitoring the carrier's internal standards. A thorough understanding of the complex rules and regulations is necessary for successfully litigating against a common carrier commercial airline.

Liability - Manufacturer

The manufacturer of an aircraft can be held liable if an accident victim or a victim’s survivor can prove that a defect in the product (the aircraft) or a component part caused the victim’s injuries. This is referred to as strict liability. Here, liability laws can differ from state to state. To learn more about strict liability in aviation cases, link on the article "Strict Liability in Aviation Accidents."

Both the Owner/Operator and the Manufacturer - Comparative Fault

In many cases, both the pilot and the manufacturer are held liable for an aircraft accident. This is called comparative fault. The jury must determine the percentage of liability attributable to each of the defendants. For example, a pilot may be 35 percent at fault for losing control of an aircraft, but the manufacturer may be 65 percent at fault for defective landing gear. Only a few jurisdictions bar recovery from a manufacturer if the pilot's negligence contributed to the crash. Most states use comparative fault and distribute the blame between the two parties.

Liability of the United States

A primary duty of the federal government is to control all air traffic. The FAA through the Air Traffic Control System (ATC) is responsible for this enormous function. If an aircraft accident involves a collision, a key question is whether or not the ATC did its job correctly and will be joined as a defendant in litigation.

Damages

Typically, several categories exist for recoverable damages: past and future medical expenses, lost wages, lost earning capacity, past and future pain and suffering, emotional distress, loss of consortium (available to married couples only), and punitive damages. Jurisdictions will differ as to what damages may be recovered and what proof is required for each category. Many states also impose "caps" (having changed tort law under the duplicitous, pro-corporate/anti-citizen banner of “tort reform”) on certain categories of damages, thereby limiting a potential recovery. An experienced aviation attorney at Matthews and Associates can help find the best jurisdiction and present a victim’s damages in order to ensure just and fair compensation for injuries.

A Final Word

Aviation litigation is extremely complex, involving in-depth analysis of state, federal, and sometimes international law. Numerous issues can affect the outcome of aircraft litigation: the parties that may be named as defendants, questions of venue, aviation engineering, industry standards and federal government rules and regulations. If you have been injured or someone you love has been injured or killed in an aircraft accident, contact an experienced aviation accident attorney at Matthews and Associates to protect your rights.

 

Frequently Asked Questions about Airplane Accidents and Injuries