Given how many aircrafts are registered in the U.S, there is always the possibility of accidents that injure or kill people. Planes carrying many passengers have the biggest impact in terms of devastating accidents with casualties. The average flight for a major airliner can have over 100 passengers on board, and depending on the location of the crash, there may be serious damage to homes, buildings, farms, and other structures. Aviation accidents include different events that have to do with crashes and other traumatic aircraft incidents, such as:

Most aviation accidents involve commercial flights, meaning airplanes that are used for domestic or international travel. It should be noted that advances in technology and federal regulations have reduced the number of commercial airline crashes, but these incidents still happen from time to time.

The parties that failed in their duty of care to the passengers should be held accountable. However, those who are injured or had a family member die in a plane crash are generally unaware of the laws that have to do with liability for an aviation accident. These include the Montreal Convention’s modifications on the rights of air disaster victims and the Admiralty Law, which is used in cases of accidents over navigable or international waters.

Accidents in helicopters are often blamed on inexperience by pilots, and this appears to be the case with many of the reports released by entities like the Federal Aviation Administration (FAA). Helicopters operate quite differently compared to airplanes, and they are often used in emergency situations. You often hear of helicopters being used in search and rescue missions by law enforcement, especially in secluded wilderness areas. Helicopters can also transport critically injured or sick patients to various medical facilities around the country.

Helicopters have certain limitations that require them to fly closer to the ground. Helicopters can maneuver much more efficiently than planes, but even one wrong move by the pilot can result in catastrophic injuries or fatality for those on board. Because a helicopter flies closer to the ground, this increases the possibility of crashes, particularly when you are flying over mountains, forests, and bodies of water. This is very common with helicopters that are used for private tours that fly people over volcanoes, canyons, skyscrapers, and other obstacles.

Aside from navigating conditions in the air, helicopter pilots must keep an eye out for power lines, improperly maintained landing zones, and many other hazards.

Some people own private aircrafts and keep them at hangars, bases, ranches, and other approved locations. Perhaps they fly as a hobby or travel a lot for business and want their own mode of long distance travel. Others rent out the plane rather than use it for themselves, but no matter the reason, owners of planes have a duty to ensure that all parts of the plane are in good working order.

Owners must also hire responsible and experienced pilots to operate the aircraft. The majority of private airplane accidents have to do with lack of experience or poor judgement by the pilot. Unfortunately, private aircrafts are not held to the same standards as commercial airlines, so operators may take chances that put people’s lives at risk. Or, they may not have the range of equipment or knowledge to handle an in-flight emergency.

In-flight injuries refer to bodily harm to people on a plane when they are on route to a destination. This is one type of accident that is not typically blamed on pilot error. Many incidents involve other staff being negligent, like a stewardess burning you with hot coffee. In this scenario, you could file a claim for medical expenses and other damages with the airline.

Other parties that may be at fault include the manufacturer of the plane or companies that made specific components for the plane. Passengers can also be injured during a flight if there is improper or lack of maintenance that failed to catch a defect. This can cause all sorts of hazards on the plane, like fires or violent shaking. People can also get hurt if there are plastic and metal parts that are broken, sharp, or jagged, and these are things that have to be taken care of by the airline.

Seats and restraints are crucial components inside a plane when it comes to accident prevention. Even a slight flaw in the design or structural integrity can lead to someone being ejected from their seat if there is turbulence during a flight. Injuries to passengers can also occur when overhead compartment doors open midair and cause luggage to fall out. Trip and fall and slip and fall accidents can happen inside a plane as well, so the flooring and carpets must be cleaned and maintained, and any spills or debris on the floor must be taken care of immediately.

Some companies that operate aircrafts offer services other than passenger travel. For example, you have businesses that take people in the air for parachuting and skydiving. Such companies must ensure that they have highly trained and responsible employees, considering the risks that are involved. Pilots must also have specialized training to prevent a myriad of errors that can have tragic consequences for the people on board or those who are descending to the ground.

Both the FAA and NTSB release reports after they investigate an aviation accident. From these reports, we can glean important information on the causes of plane and helicopter accidents. Keep reading to learn about common causes of accidents involving aircrafts.

In general, aircrafts are controlled by a combination of automatic systems and actions by the pilot / pilots. So, the pilot cannot rely solely on automatic controls, nor can automatic controls completely replace what pilots do inside a plane. When readings are wrong and other problems occur with automated controls, a pilot must intervene, but they can make the wrong decision or lack the experience to correct the problem. Alternatively, the pilot may be asleep or unable to think clearly if they are fatigued or under the influence of alcohol or drugs. No matter the cause, loss of control in-flight can lead to accidents based on missing the runaway, having a premature descent, and other serious errors.

This sounds like an intentional strategy by the pilot, but it’s actually a type of accident where the pilot still crashes even though he has full control of the aircraft. The pilot becoming disoriented and losing their sense of spatial awareness can lead to a controlled flight into terrain. Normally, these accidents occur when the pilot is close to their destination, and in spite of the word “terrain,” pilots can also crash into water or some other obstacle.

If a plane does not have enough fuel or has been fueled improperly prior to takeoff, this will cause the aircraft to stall. Aside from fuel starvation (not enough fuel in the tanks), a crash can happen if there is a blockage or defect with one or more parts that keeps the fuel from reaching the needed areas inside the plane. A crash is inevitable in these situations unless the pilot can guide the plane to a safe landing.

Error by pilots can include lack of communication with other pilots, or unclear messages that are vague or confusing. Due the lack of another plane’s locations, aircrafts can crash into each other midair. Thankfully, these accidents are very rare, as there are many methods of communication between pilots during a flight.

Though pilots are trained to fly in all sorts of adverse conditions, there is no denying that navigating a plane through tough weather is a difficult task. Passengers can be injured mid-flight if there is significant turbulence, but fatal crashes can happen during or right after takeoff because of lightning, thunderstorms, and icy conditions. Aviation accidents (bird strikes) can also take place because of flying animals, like geese and vultures.

We expect that helicopters and planes are inspected before each and every flight. However, inspections must take place during every stage of production, as many lives can be lost or devastated when there is any type of mechanical trouble on an aircraft. Testing and inspections begin at the design and conceptualization stage and continue at various points during the manufacturing process. These steps are necessary to ensure there are no defects with the engine, wings, instruments, and other parts of the plane.

Passengers on any type of aircraft should be aware of their legal rights, which vary depending on the services provided to the customer. A commercial airline, for example, transports passengers from point A to B, and offers meals, entertainment, and other services that are included in the ticket price. Clearly, airlines and their employees owe passengers the highest duty of care, but accidents can happen, even when the staff have taken all the necessary precautions. On the other hand, you also have clear cases of negligence that are grounds for a lawsuit. In order to proceed with a compensation claim against an airline, airport, aircraft manufacturer, etc., you must establish:

• The party you are suing (defendant) owed you a duty of care
• The duty of care was breached by the defendant through an act of negligence or misconduct.
• Due to the defendant’s negligence, you suffered bodily harm and/or property damage.
• The harm you suffered caused monetary losses.

Generally, a personal injury claim must involve bodily harm, but you can also file a claim for property damage only. Additionally, you can also demand expenses outside of medical costs and lost or destroyed property. For example, you can seek payment for lost wages because you were stuck in a faraway location for days of weeks, thus missing time from work. If you have a serious injury, you may need time off to recover after surgery, and this can also take away from your income. So, lost wages is another form of compensation that may be available to you.

It’s also worth noting that aviation accidents like plane crashes are extremely traumatic events, and many people develop long-term mental health issues, like PTSD, phobias, sleep disorders, and depression. Your emotional and physical suffering associated with trauma from an accident merit compensation as well, but it can be very challenging to make a case for pain and suffering. This is why we encourage you to contact a skilled aviation accident attorney as soon as possible.

Product liability is an area of personal injury law that has to do with negligence by a manufacturer, distributor, or other entities involved in the design, manufacture, and sale of a product. Normally, these lawsuits are filed by consumers that are injured by a product they purchased. Of course, the average injury victim isn’t going to buy a plane, but they are still affected be defects on planes in terms of accidents that cause injury.

For many years, airline companies pushed for a law that would exempt them from product liability lawsuits. They justified this kind of law on FAA certification for aircrafts, which are issues in 3 ways:

• A certificate stating that the aircraft, a new aspect of the craft, or a component / part works properly and meets all required safety standards
• A production certificate ensuring that all duplicate parts have the same efficacy as the type-certified design
• Airworthiness certificate to ensure that the aircraft is safe for its intended purpose.

Based on these standards, airlines argued that they met the standard of care in terms of aircraft safety and adherence to federal guidelines. Thus, any claims based on defects with the aircraft, individual parts, etc., were not their responsibility, and injured parties should be barred from holding them liable when there is an accident. This fight lasted 11 years (from 2006 to 2017), but the government upheld that circumstances exist where negligence by the airline contributes to an accident caused by defective aircrafts or components.

Whether you are suing for injuries to yourself or the death of a family member, evidence is the key to a successful outcome. Evidence can include photos of the crash site, reports from eyewitnesses and passengers, and investigation reports from the aviation administration. Once you have a solid body of evidence, you will need to submit a claim with the defendant’s insurance company.

Finding evidence can be very challenging with aviation accidents, as much of the plane may be destroyed. But there are many conclusions that experts can draw from the remnants, which is a major part of the accident investigation. However, it can take months to examine the physical evidence and determine the exact cause of a crash or any other type of accident.

If the accident involves a commercial plane, it’s likely that many people were killed. Family members typically join in a class action lawsuit under these circumstances. A class action claim is an effective solution when many people have been harmed by the same defendant. One of the benefits is the greater availability of evidence and the range of damage to all the involved parties. These elements are very compelling to a jury, and class action lawsuits generally result in compensation for the victims. However, most of these cases are settled out of court, and the resulting payment will be divided among all the claimants.

Another important consideration has to do with liability, which may be shared by multiple entities. Here are the parties that may be responsible when someone is injured in an aviation accident:

• The airline in charge of inspecting and maintaining the plane
• The pilot for poor judgment or careless / reckless conduct
• Airline staff or employees at the airport
• Failure to safety direct a plane by air traffic controllers
• Manufacturers of an aircraft for mechanical errors, design flaws, and failure to issue adequate warnings
• Negligence by engineers and other aircraft professionals

Some cases of injury caused by aviation accidents may have values of $10,000 or less. If the injuries are catastrophic or the victim ends up dying, the resulting compensation can be over $1,000,000. At the end of the day, there is no way to predict the value of a settlement that will be reached between the plaintiff and the insurance companies. If the case cannot be settled and a trial is required, that adds another layer of complexity to an already complicated situation.

Case values for aviation accidents are based on numerous elements that have to do with the harm you suffered, primarily, your physical injuries. Aside from your medical bills, we also have to look at long-term complications, the impact on your career, as well as your ability to engage in daily activities and hobbies you enjoyed prior to the accident. An accident can also have negative effects on your mental health and interpersonal relationships, and you may need therapy to deal with conditions like PTSD, depression, and sleep disorders. Even details that seem relatively minor, like how old you are, will be heavily scrutinized by the insurance company when you file a claim for damages.

Please don’t be fooled into thinking that the insurance adjuster is on your side. Insurance companies, after all, care about profits like any other company. Settling your case for the lowest amount or finding a way to not pay you at all is how they stay profitable. This is why legal representation is highly recommended if you are interested in suing for an aviation accident.

Having a sense of what can be recovered from a lawsuit is a primary concern for those who are contemplating legal action for an accident. Looking at the amounts obtained by other victims can help you gain insight on this topic, but please be aware that each case is unique. There are many variables that separate one lawsuit from another, so even if a case is similar to yours, what you ultimately end up can be very different. The important thing is figuring out what you can reasonably expect to receive and work with a lawyer who will help you negotiate a fair settlement.

With that in mind, let’s take a look at a sampling of aviation accident claims and how they turned out for the plaintiff or loved ones of deceased victims.

Many people onboard American Eagle Flight 4184 died when the plane crashed in Indiana. Overall, 68 people lost their lives, and lawsuits were filed against the airline operators, as well as the plane manufacturer. It was found that the wings on the plane were not properly designed for icy conditions. While the manufacturer was blamed for the ineffective design, American Airlines was liable as well since they were negligent in their inspection of the plane. The compensation to the victims’ families totaled $110 million.

Shortly after takeoff from the airport, the engine in a small, private plane failed. The engine failure was due to a crack on the head of the engine, which was caused by a faulty cylinder. Aside from the engine failing, the instability of the parts resulted in the plane shaking violently, which contributed to the passenger’s injuries. The victim brought a lawsuit against the manufacturer, which was eventually settled for $5.5 million.

A pilot was killed when the Cessna 210 he was flying crashed because of problems with the actuator rod and elevator spar. The defects caused the pilot to lose control of the plane, which was the reason for the crash. His family sued the manufacturer of the parts for negligent death, but this was not the only entity they went after. It turned out that the pilot flew into unfavorable air conditions at the direction of air traffic controllers. The weather conditions were partly to blame for the crash, making the air traffic controllers partially responsible. All in all, the victim’s estate was awarded $4.5 million from a lawsuit.

Compensation from a lawsuit includes a variety of damages that have to do with your monetary losses. Depending on the circumstances, you may also be eligible for payments that compensate you for physical and mental suffering. Our aviation accident lawyers can help you obtain maximum compensation in the following areas:

• Costs associated with your current and future medical needs
• Lost income in the form of wages and lost job benefits, along with future lost wages if the accident has affected your ability to perform your job duties
• Property damage if any of your belongings were damaged or lost in the accident
• Pain and suffering for the psychological impact and long-term physical suffering you would not have to endure were it not for the accident.
• Punitive damages for court cases where the defendant’s actions constitute gross negligence (exceptionally negligent or malicious behavior)

When an aviation accident results in fatality, the victim’s loved ones may be entitled to wrongful death benefits. By filing a lawsuit for death caused by an aviation accident, family members can seek damages like funeral expenses, loss of expected savings, pain and suffering, and cost of medical bills up until the date of death.

If you are filing a personal injury lawsuit in California for an aviation accident, the deadline is 2 years from the date of injury. For lawsuits filed by surviving spouses and family members, the statute of limitation is 2 years from when the victim passed away. In some cases, the statute of limitations can be extended, so it’s important to speak with a lawyer right away and verify how much time you have for a lawsuit.

Even if you qualify for additional time, all extensions have to be approved by the court, so you must take action as soon as possible. If you wait too long and the statute of limitations expires on your case, you will permanently lose the right to seek compensation, even if the evidence clearly shows that you are a victim of negligence or misconduct.

Finding a legal team that specializes in aviation accidents can be tough, but it’s essential to find representation from a lawyer with the right level of experience. Here at DTLA, we have a dedicated group of lawyers and aviation accident reconstruction experts who are ready to fight for you and the compensation you deserve. We have also handled numerous lawsuits involving multidistrict ligation, allowing us to represent clients in many states throughout the U.S.

To learn about your rights and how we can assist you, simply give us a call or use our contact form. We are happy to meet with you for a free consultation or free second opinion on an existing lawsuit. If you choose to hire us for an aircraft accident case, you will not be asked to pay anything upfront. Legal fees are paid by the party at fault at the same time as your settlement. We also have a Contingency Fee Arrangement policy, so if we do not win your case, you pay $0 and walk away without losing a cent.

Our aviation lawsuit experts are waiting to assist you, so please reach out to us 24 hours a day, 7 days a week.

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