Aviation Accident Attorneys | Common Carrier Lawyers

Air travel accidents often receive a great deal of attention because air travel is generally considered a safe means of transportation. The National Transportation Safety Board (NTSB) maintains statistics and conducts investigations on most aviation accidents. During both 2007 and 2008, the aviation industry had more than 21 million hours of flight time each year. The NTSB reports that in 2007 there were 1,650 accidents and among those accidents there were 288 fatalities. These statistics changed slightly in 2008, as there were 1,559 accidents, with 275 fatalities. The figures from both those years reflect an improvement from NTSB statistics from earlier in the decade, such as in 2000 when there were 1,837 accidents with 345 fatalities. The overall NTSB statistics suggest that despite a reduction in aviation accidents, the possibility of an accident remains an unfortunate part of air travel.

If you or a loved one becomes the victim of an aviation accident, keep in mind that it may be difficult to know how to protect your rights during such a traumatic time. The NTSB and any other government organization that investigates the accident or provides assistance to victims and their families will not represent your personal interests. As a result, it is important that you seek the advice of an attorney who is knowledgeable about aviation law. The attorneys at the National Justice Coalition provide the dedicated, experienced representation you need following an aviation accident.

Accident Causes
The field of aircrafts that could be involved in an accident is very diverse, including jet aircraft, propeller aircraft and helicopters. Specific examples of aircraft include single engine airplanes, jumbo jets, biplanes, helicopters or airships (such as a hot air balloons). Aviation accidents can occur for many different reasons because of the complexity of the equipment involved and the extensive training needed to operate them. Some common causes of aviation accidents include the following;

Structural or design flaws
Manufacturing defects
Violation of Federal Aviation Administration (FAA) regulations
Equipment failure
Pilot error
Surface incidents
Runway incursions
Near-midair collisions
Failure to maintain or repair the aircraft or aircraft components
Negligence of federal air traffic controllers
Negligence in a third party's selection of a carrier
Negligence of flight service station employees

Who Is Liable for an Accident?

Liability for an accident could include the following parties:

Aircraft operator (pilot)
Equipment and parts manufacturer
Aircraft owner
United States government

The operator (or pilot) will likely be held to a negligence standard of care. In this case, the pilot’s actions will likely be compared with the actions of plane operators flying a plane in similar circumstances, to determine pilot liability.

An airplane owner could then in turn be found liable under either a theory of negligent entrustment or vicarious liability. Under negligent entrustment, a negligence standard is applied to the owner to determine whether proper care was used in allowing an individual to operate an aircraft. Vicarious liability makes an owner liable for the negligent actions of his or her employees, such as a pilot. Injured plaintiffs may also be able to argue that an owner is a common carrier and must meet specific standards of care for passengers. The FAA Regulatory and Guidance Library provides some guidance as to which carriers should constitute common carriers. Local state law could also be implicated in this area of aviation law.

If an accident actually resulted from a defect or flaw in aircraft equipment, a claim could be raised against a part manufacturer. Claims against manufacturers will likely be made under a strict liability law, such as in Illinois and California. Strict liability schemes require a victim to merely prove that a product was defective, used for its intended purpose or in a reasonably foreseeable manner, and that the product’s use resulted in injury or death during the aviation accident. A defect can be shown to be a design or manufacturing defect, or a defective warning.

In some instances, the United States government could be liable for an aviation accident. For example, the FAA controls national air traffic through its Air Traffic Control (ATC) system. Victims could demonstrate that ATC personnel failed to perform their duties properly, creating the circumstances that led to the accident, such as a collision or near-collision.

Any number of the above parties could be found liable for damages. If more than one party is found liable, those parties will likely have to share in liability for any damages.

International Aviation Accident
The Warsaw Convention and the more recently created Intercarrier Agreements govern aviation accidents involving international flights. The Warsaw treaty created a maximum level of liability for airlines, thus limiting the compensation available to aviation accident victims. This value varied based on the victim's country of residence and that country’s economy. Until 1997, the amount was capped at $75,000 in the United States. In 1997, the Intercarrier Agreement replaced the Warsaw Convention. It allows victims to make claims for damages equal to the claims available in domestic flights. The agreement (as the Warsaw Convention did previously) still prevents victims from making claims for emotional damages, unless physical injury also occurred in an accident. There are also many other complex issues related to aviation accidents involving international flights. Consequently, it is strongly recommended that you seek the advice of a qualified attorney to protect your interests in the event of an international aviation accident.

Seek Experienced Legal Counsel
Since aviation accidents involve a specialized, complex area of the law, you need to obtain expert legal representation if you or loved one is the victim of an aviation accident. Your attorney will obtain important evidence to determine the cause of the accident and who is at fault for the accident, including the following:

Aircraft maintenance history
Survivor interviews
Inspection records for the aircraft and accident site
Government agency reports
Pilot’s background, experience, and employment records
Fueling records
Flight plan
Transcript of radio exchanges involving aircraft crew
Information on prior similar accidents
Safety warnings for the type of aircraft

An attorney will then determine what damages you or your family members deserve because of the aviation accident. Recovery may be available for lost wages, lost earning capacity, past and future medical expenses related to the accident, loss of companionship, past and future pain and suffering, emotional distress, loss of support and punitive damages. Some states do limit the amount of damages available to be awarded. Other states prohibit recoveries, such as for non-economic loss or punitive damages. For example, punitive damages are not allowed in California, unless the victim survived the accident. Many states do not allow for the family of a victim to recover damages for a decedent’s pain and suffering, such as New Jersey.

If you or a loved one is involved in an aviation accident, contact an attorney at the National Justice Coalition for a confidential consultation with an experienced aviation accident attorney regarding your specific case.