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Who is protected in an Aviation Accident?
Passengers aboard commercial aircraft, private planes, charter flights, and helicopters are protected under aviation safety laws.
In some cases, individuals on the ground injured by aircraft accidents may also have legal claims.
Both ticketed passengers and guests on private or corporate aircraft are owed a duty of care by the airline or aircraft operator. An aviation accident attorney can help protect you in all cases.
Why are they protected?
The law recognizes that air travel involves significant risks, and passengers must rely entirely on the expertise, maintenance, and safety compliance of pilots, mechanics, airlines, and manufacturers.
Because of this reliance, the duty owed by airlines and operators is extremely high. They are responsible for ensuring aircraft are properly maintained, pilots are properly trained, and flights are operated according to strict safety protocols. Our airplane accident lawyers in Los Angeles can help walk you through your rights and fight to ensure that you are compensated for any injuries occurred.
Why Do Aviation Accidents Occur?
Aviation accidents can occur for many reasons, including pilot error, mechanical failure, inadequate maintenance, defective aircraft parts, air-traffic-control issues, weather-related decision-making, fuel-system errors, runway conditions, or operational mistakes. In some cases, more than one factor contributes to an accident.
A thorough investigation may involve reviewing aircraft wreckage, maintenance and inspection records, flight-data recordings, cockpit-voice recordings, pilot qualifications, weather data, air-traffic-control communications, and witness testimony. Identifying the cause of the accident is often a central part of determining which parties may be legally responsible.
Who is Legally Responsible in an Aviation Accident?
Legal responsibility in an aviation accident depends on the cause of the crash or incident. Potentially responsible parties may include the commercial airline, private aircraft owner, pilot, charter operator, maintenance or repair provider, aircraft manufacturer, component manufacturer, airport contractor, fueling provider, or, in limited circumstances, a government entity.
For example, an airline or pilot may be liable for negligent operation, a maintenance company may be liable for improper inspection or repair, and a manufacturer may be liable if a defective aircraft or component contributed to the injury. California law recognizes product-liability claims involving defective products, although aviation manufacturers may assert federal preemption or other defenses depending on the circumstances.
Recoverable Damages in Airplane Accident Cases
The compensation available after an aviation accident depends on the facts of the case, the severity of the injuries, and the applicable law. An injured person may be able to seek damages for medical expenses, rehabilitation costs, lost income, reduced earning capacity, pain and suffering, emotional distress, and property damage.
If an aviation accident causes a death, eligible surviving family members may be able to pursue wrongful-death damages, while the decedent’s estate may have a separate survival claim. Recoverable damages and the persons authorized to bring these claims are determined by California law and the particular facts of the case.
An aviation accident attorney can help with all kinds of claims, from large issues like wrongful death suits to injuries caused by things like hard landings and turbulence.
Berglund & Johnson proudly practices aviation accident law in Los Angeles and Orange County, California.
The most common types of aviation accidents and incidents include runway excursions, pilot loss of control in-flight, undershoot or overshoot of runway during touchdown, and ground incidents.
Frequently asked questions
FAQ'S
Airplane Accidents: The Law
Aviation accident claims can involve federal regulations, California personal-injury law, and, in some cases, international treaties. The law that applies depends on the type of aircraft, where the accident occurred, the parties involved, and whether the flight was domestic or international. An aviation accident attorney can help evaluate the applicable legal standards, preserve evidence, and identify potential sources of recovery.
In the United States, the Federal Aviation Administration (FAA) sets safety standards for aircraft operation, pilot certification, aircraft maintenance, and air traffic control under the Federal Aviation Regulations (FARs).
Depending on the facts, an aviation accident may give rise to negligence, product-liability, wrongful-death, or survival claims. Commercial airlines generally qualify as common carriers and owe passengers a heightened duty of care under California law. However, whether that heightened duty applies to a particular charter operator, private aircraft operator, or other aviation business depends on the nature of its operations and the circumstances of the flight. Aviation-safety claims may also be governed by federal standards of care.
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