Aviation & Mass Transit Accidents Law
Who Is Liable in an Aviation Accident?
Airplane crashes are tragic accidents, but most involve some level of human error. If someone is injured in an aircraft accident, they should be able to get compensation for their losses. A personal injury lawsuit can help the accident victim and their family members get money from the parties responsible for the accident.
This article provides information on liability in an aviation accident and how an airline accident lawyer can help. Personal injury cases differ in every state, so it is essential to talk to an aviation lawyer in your area for legal advice about aircraft accident claims.
Air travel safety has come a long way since people first started flying. There are many safety measures involved in commercial airline travel and small plane flights. There are often backup measures to prevent an accident when something goes wrong. Most accidents are still caused by negligence, or the failure to act responsibly to ensure airline passengers are safe.
The negligent party in an aviation accident can be held liable for their actions. This means they may be legally responsible for any damages caused, including losses for property damage, personal injury, or fatal crash. A personal injury or wrongful death lawsuit can help the injured party identify who is responsible and ensure they are held accountable for what they did.
The liable parties in an aviation accident can depend on the type and cause of the accident. The parties that may be liable for damages in aviation accidents can include:
- Air traffic controllers
- Aircraft manufacturers
- Owner of the plane
- Commercial airline companies
Your first step after an aviation accident should be to get the medical help you need. Even minor accidents may turn into more serious injuries if left untreated. After getting medical care, consider talking to an aviation accident attorney to understand your legal rights. You have limited time to file a lawsuit against the pilot or airline to get compensation.
To get compensation in an injury accident, you may have to show the pilot or airplane company breached their duty of care to the passengers, causing the injury. Even in a plane crash caused by the pilot’s negligence, the airline company may still be liable. Employers are generally responsible for the negligence of their employees while on the job.
To prove liability, an expert witness can explain to the jury how the pilot or airline’s actions were irresponsible and were a cause of the accident. Experts can include commercial airline pilots or general aviation safety experts who know airline safety regulations.
Other types of aviation accidents may involve product liability claims for mechanical failures. These claims can include injuries caused by defective products that were a cause of the crash. In a product liability claim, the airplane or parts manufacturer can be held strictly liable for design defects, manufacturing defects, and warning failures that caused the accident.
Aviation accident cases can be costly for victims and their loved ones. Serious injuries can cause permanent damage or disability. A personal injury attorney can help you recover money for your losses, including:
- Medical bills
- Future medical expenses
- Loss of consortium
- Emotional distress
- Pain and suffering
The federal government holds commercial airlines to strict aviation law safety standards. Commercial airlines are considered “common carriers,” like taxis, buses, or cruise ships. According to the Federal Aviation Administration (FAA), an airline becomes a common carrier when it holds itself out to the public as being willing to transport any passengers who want to take a flight.
As commercial carriers, airlines must exercise the highest degree of care for passenger safety. If an airline violates FAA regulations and safety standards, it may be liable to passengers for injuries caused by potentially dangerous conditions.
Taking on the airline companies or aircraft manufacturers can be tough. Airline companies will try to get away with paying as little as possible. Before accepting a settlement offer, talk to an airplane accident lawyer about your rights.
An experienced aviation attorney can offer a case evaluation to look at your case, identify the responsible parties, and help you can recover damages in a personal injury claim. Find an aviation attorney in your area for more information.