Aviation Accident FAQ

After an aviation accident victims and families generally have all kinds of questions and concerns. In the following article we have outlined some of the most frequently asked questions and answers. Although it is important to educate yourself as much as possible in the event that you or a loved one is invloved in an aircraft accident, due to the complicated nature of these accidents, it is imperative that you contact an expereinced aviation law attorney to help you with your case as well.

Q: Does a plane actually have to crash in order to be held liable for damages?

A: No. In certain cases, for example:  a pilot losing control or severe turbulence the airline had previous knowledge of but failed to warn passengers, an airline operator may be held liable if passengers are hurt as a result of the incident.

Q: Who can bring a lawsuit against an airline in the event of injury or death due to an aviation accident? 

A: If an individual is the victim of an injury resulting from the crash, he or she is generally the only one entitled to file a claim. If the accident results in death, however, the victim’s next-of-kin may file the suit.

Q: Who is considered the “Liable Party” in the event of an aviation accident?

A: Commercial airlines, companies and charters are considered “common carriers” if they charge passengers for flights. In the case of an accident concerning a commercial flight the airline, air traffic controllers, and plane manufacturer might be included as liable parties.  If the incident involves a privately-owned aircraft the owner, manufacturer, insurer and pilot could be determined as the responsible parties, depending on the circumstances of the incident.

Q. How is it determined whether the airline or pilot was at fault in the event of an aviation accident?

A. An investigation is carefully carried out by the National Transportation Safety Board (NTSB) to determine the contributing factors of an accident. The Federal Aviation Administration, local law enforcement and airline and manufacturer reps might also assist in the investigation. During these investigations radar information and examination of the wreckage are used as evidence. There is also an instrument in all airliners and most charter aircrafts that records flight data and a cockpit voice recorder which can be recovered and used in the investigation, especially in the event of an accident that leaves no survivors.

Q.  What are the leading causes of aircraft accidents?

A. Although aircrafts are equipped to handle a variety of potential issues while maintaining the safety and security of its crew and passengers, there are times that incidents are unavoidable. Investigations report that the majority of these accidents result from:

• Engine failure
• Loss of control or pilot decision making
• Controlled flight into terrain
• Weather and turbulence
• Runway incursions/ approach and landing

Q. What are the recoverable damages in the event of an accident case?

A. Survivors can generally bring a suit for pain and suffering, psychological damages, medical bills and loss of wages. If a suit is brought by the family of a deceased victim of an aviation accident they might be entitled to recover damages for loss of support, funeral expenses, and the comfort and society lost with the decedent.  

Q. What are the laws regarding international flights?

A. There are a series of treaties that limit what the victims of international flights can bring cases for, which is one reason it is important to bring your case to an experienced aviation attorney immediately, to examine the exceptions that will help you to avoid these limitations in your specific case. Lawandy