Aviation Attorney

Aviation attorneys are ready and available to take your personal injury lawsuit claims. If you are a plane crash victim or a survivor you have basic rights under state, federal, and even international law. If you are a private citizen (civilian) injured by military aircraft, you have rights under the Federal Tort Claims Act. It is difficult for military personnel involved in military plane crashes to bring a lawsuit claim against the government, but an attorney specializing in military airplane crashes may be able to help. Aviation Lawyers representing civilian and military plaintiffs (typically crash survivors or family members of deceased crash victims) must answer many complicated questions:

• What law (federal or state) should be used?
• Where is the best forum for the trial?
• Should lawsuits be filed individually or as a class action?
• Who should be sued (the aircraft manufacturer, operator, or owner; the airport operator; corporate officers; or component part manufacturers)?
• What is the best theory of recovery (strict liability, negligence, breach of warranty, statutory provisions)?
• What is the best method of proving damages?
• How should evidence of the crash be preserved?

Whether you are a civilian or military person, you have legal rights. Contact a LawInfo Lead Counsel qualified aviation attorney today. Statutes of limitations do apply, so any delays on your part could adversely affect your eligibility for a lawsuit claim. Contact an aviation lawyer immediately if you were injured in a crash or are a survivor of a loved one that died in an airline accident today.

What is Aviation Law?

Aviation law governs the operation of aircraft and the maintenance of aviation facilities. Both federal and state governments have enacted statutes and created administrative agencies to regulate air traffic. However, aviation law is largely governed by the federal government. States are prohibited from regulating rates, routes or services of any air carrier authorized under the Federal Aviation Act to provide interstate air transportation. However, States are not prohibited from enacting laws consistent with the federal laws already in place, nor are States prohibited from altering existing remedies under state law.

Using its constitutional authority to regulate interstate and foreign commerce, Congress has the authority to regulate interstate and foreign commerce. Aviation falls under commerce, thus Congress may create laws that pertain to aviation. There have been several federal enactments along these lines: The first was the 1926 Air Commerce Act which provided, among other things, for the certification and registration of aircraft employed in interstate or foreign commerce. The statute was amended in 1938 by the Civil Aeronautics Act which created the "Civil Aeronautics Authority," a five member panel with the power to regulate all aspects of aviation within federal jurisdiction. Later, the five-member panel was changed to the "Civil Aeronautics Board" and most of its power was transferred to the Department of Commerce.

Then the Federal Aviation Act was passed in 1958 establishing the Federal Aviation Agency. There have been several subsequent acts passed by the federal government regulating aviation such as the Airport and Airway Development Act of 1970 and the Airline Deregulation Act of 1978.

Airplane Accidents and Runway Incursions

Commercial common carrier accidents (airplane accidents) occur in a variety of different situations. While the most common aviation accidents are those involving commercial airlines, many accidents occur with private airplanes, as well as commercial and private helicopters. A general overview of aviation law can inform passengers of their rights in cases of accidents involving all types of aircraft.

The leading causes of commercial airline accidents include engine failures, controlled flight into terrain, approach and landing, loss of control, runway incursions, and weather (including turbulence). Private or "general" aviation accidents find their causes in controlled flight into terrain, weather, pilot decision-making, loss of control, and runway incursions.

What is a Runway Incursion?

The Federal Aviation Administration (FAA) defines a runway incursion as "any occurrence at an airport involving an aircraft, vehicle, person, or object on the ground that creates a collision hazard or results in loss of separation with an aircraft taking off, intending to take off, landing, or intending to land." Many assume that once a plane has safely landed all potential danger is gone. Unfortunately, statistics show otherwise. Since 1993 the number of runway incursions has increased over 70%. The National Transportation Safety Board (NTSB) considers this increase in runway incursions one of the ten most significant safety issues facing air travelers today.

A number of factors can cause runway incursions including pilot error (proceeding into unauthorized areas such as closed runways or taxiways), air traffic controller error (transmitting misinformation to pilots regarding ground maneuvers), and ground personnel errors (deviations by baggage carts, fuel trucks, maintenance vehicles, etc.). The consequences of runway incursions range from minor aircraft or vehicle damage to catastrophic loss of life.

Who investigates airplane crashes, runway incursions and other aviation disasters?

Depending on the circumstances surrounding the accident, the investigation is conducted by one or more of the following agencies: National Transportation Safety Board (NTSB), Federal Aviation Administration (FAA), Transportation Security Administration (TSA) and Federal Bureau of Investigations (FBI). But, accident investigations may also involve foreign or local authorities or the Departments of Justice, State and/or Defense. Agencies such as the American Red Cross, Department of Health and Human Services and Federal Emergency Management Agency may also be involved in providing services to victims and their families. Depending on the circumstances of any given crash, other agencies may also be involved.

Military Plane Crashes

Unlike civilian or commercial airplane crashes that are investigated by the National Transportation Safety Board (NTSB), military airplane crashes and runway incursions are under the jurisdiction of the Military Safety Mishap Board. This organization prepares a secret report much of which is not released to the public. Another Report, also called a Collateral report may be prepared depending on the service branch involved. This report is usually made public, but doesn't contain the manufacturer's analysis or witness statements that are the basis of the secret Safety Mishap Investigation. This lack of information greatly complicates the task of bringing a lawsuit and finding answers.

Civilians injured by military aircraft can sue the government under the Federal Tort Claims Act. The Act allows the United States to be sued "as if it were a private person," for the negligent acts or omissions of its employees. Under the Act the victim must file a claim with the responsible agency within two (2) years of the injury, among other requirements.

Military Service Personnel (Active Duty, Reservists, and National Guard) are severely restricted in taking legal action against the government. However, many lawsuits are brought against the aircraft manufacturers. To bring a lawsuit against a manufacturer, the person bringing the suit must prove that the aircraft which crashed was "unreasonably dangerous" and defective in design, manufacture, or that the maker failed to warn of an unsafe condition. Even in these circumstances manufacturers may be protected under the Government Contractor's Defense because it protects makers from being liable for design defects in military equipment when the government approved reasonably precise specifications for the design of the equipment.

Military air crash cases are particularly time consuming and costly to handle. Attorneys' fees are capped at 25% in civilian lawsuits against the government. It is rare to settle these cases without filing a lawsuit or conducting extensive discovery. This is why it is important that you retain an airplane crash lawyer that specializes in handling the difficult cases. Contact a LawInfo Lead Counsel qualified airplane crash attorney now to find out your rights and what damages you may be entitled to. Don’t delay because statutes of limitations do apply. Any delay on your part could affect your eligibility for a claim. Contact an aviation lawyer now!

Airplane Crash, Airline Disaster, Runway Incursion and Other Aviation Mishap Lawsuit Claims

The following are among the typical lawsuits brought in airplane crash, airline disaster, runway incursion and other aviation mishap cases:

• Personal Injury Claims: the plaintiff's attorney must prove that the air carrier, or one of its employees, acted negligently, and that as a result, the plaintiff incurred injury. The jury can award a plaintiff damages for pain and suffering, medical expenses, lost wages, both past and future, and inconvenience as a result of bodily injury.

• Wrongful Death Claims: these claims have different requirements from personal injury claims. For example, the individual suing for wrongful death must have a relationship to the decedent on whose behalf they are bringing the suit. In some states only parents, children, spouses or executors of the decedent's estate may bring a wrongful death claim. As part of such a claim, the plaintiff must show that the decedent's death resulted from the negligent, wanton or willful actions of the defendant air carrier. In such cases, if the death occurred instantaneously, the jury can award the plaintiff from loss of consortium, lost wages, loss of future income or earning capacity. In cases where death does not occur instantaneously, and the plaintiff can prove the decedent's conscious suffering, the jury can also award the plaintiff damages for pain and suffering, bodily mutilation, and mental anguish.

• Mechanical Claims: the plaintiff may have to establish that the pilot's negligence contributed to the accident or that a mechanic negligently failed to detect or properly repair a component of the plane. These cases may be brought against the common air carrier or the owner of the private plane. If a mechanical failure results from a defect in the design or construction of an airplane or a component of the airplane, the plaintiff may establish a products liability claim against the manufacturer of the component or the airplane. In a products liability claim based on defective construction or manufacturing, the plaintiff must establish that the manufacturer of the component that caused the accident failed to detect a defect in the particular component that was used in the airplane that had the accident.

• Defective Product Claims: these represent a unique hurdle for a plaintiff, in that the plaintiff must establish that the manufacturer could have used a reasonable, alternative design that would have prevented the injury. A plaintiff might incur great expense in pursuing a products liability case based on defective design. In order to establish a reasonable, alternative design the plaintiff will likely have to hire an engineer or other expert to critique the manufacturer's design and to suggest the alternative design. A products liability case faces a better chance for success if prior cases have already established that the design of the component is defective.

• Pilot or Employee Error: if pilot or employee error contributed to or caused an airplane crash, runway accident or other aviation accident that causes a passenger injury, that passenger can maintain a suit not only against the pilot for his or her error, but also against the pilot's employer, the airline. In effect, employees acting in their capacity as employees "stand in" for the airline. Thus, an employee's error is the airline's error because under a legal doctrine known as “respondeat superior,” the high degree of care required of a common carrier extends to its employees, including pilots, flight attendants, and mechanics.

Have you been injured in an airplane crash or runway incursion? Are you an airline disaster survivor? Contact a LawInfo Lead Counsel qualified aviation attorney today. Statutes of limitations do apply, so any delays on your part could adversely affect your eligibility for a lawsuit claim.

Who is responsible for the damages?

The National Transportation Safety Board has estimated that approximately 83% of all general aviation accidents are attributable to pilot error. Thus, in some cases involving injuries to passengers, bystanders or property loss, the pilot, his estate and/or employer could be primarily at fault. Whether there was negligent preflight of the aircraft, negligent flight planning, inadequate flight experience for conditions, or other error must all be considered by counsel.

An aircraft manufacturer may be liable for negligently designing or assembling this product. The choice of materials, the quantity and quality of testing and analysis, the adequacy or inadequacy of maintenance instructions, and any representations or warnings as to the use or abuse of the product may each constitute a theory upon which release can be granted.

The Federal Aviation Administration is responsible for the certification of aircraft and its components, the licensing of pilots and other aircrew, and for the surveillance of aircraft while in flight. A breach of these duties may be actionable under the Federal Tort Claims Act. Experienced counsel must likewise examine the role of the FAA in any given case.

Several cases have involved negligence of air traffic control personnel which recognize that the government has consented to be sued for the negligence of its controllers taking their control of aircraft in the air, when landing, taking off or taxiing at airports. Once the government undertakes to provide such service, it must exercise due care and will be responsible if it failed to utilize such care.

If you are involved in an airplane crash or runway incursion, you should contact a aviation lawyer immediately after receiving treatment for your injuries. If you are an airline disaster or airplane crash survivor, although it is very difficult to take action in your bereaved state, you need to contact an aviation attorney right away. While no amount of money can compensate you for your loss, a monetary award could help ease the financial burdens you face now and in the future. Don’t delay; contact a aviation lawyer now!