Aviation Accident Lawsuits: FAQs
No matter how technologically advanced an aircraft, or how skilled and experienced the airplane’s operators, aviation accidents occasionally happen. While the 2020 COVID-19 pandemic obviously reduced air travel, 2019 saw 1,302 aviation accidents and 444 onboard deaths.
If you or someone you love sustained devastating personal injuries or other losses due to an aviation accident, you may have grounds for legal action against the responsible party. To gain a better understanding of this somewhat complex subject, consider the following questions and answers about aviation accident lawsuits.
Why Do Aviation Accidents Occur?
Aviation accidents can occur for a wide range of reasons. Many people might automatically associate such accidents with pilot error. However, while pilots can make critical mistakes, so can flight service station workers, air traffic controllers, and ground crew employees, which could result in anything from collisions to mechanical failures.
A mechanical failure that forces a plane to crash might stem from undetected design faults and weaknesses such as malfunctioning flight-control systems or other defective onboard equipment. On other occasions, violent storms or unpredictable flying conditions can lead to aviation accidents.
What Kinds of Damage Can Aviation Accidents Do?
An aviation accident such as a plane crash can cause serious injuries or deaths. Common injuries to passengers, pilots, and crew members may include fractures, debilitating spinal injuries, burns related to fuel combustion, and brain injuries that occur when individuals bang their heads against cabin walls or other structures.
The damage caused by an aviation accident may extend beyond physical injuries. Passengers subjected to frightening or traumatic aircraft experiences may suffer from emotional scars. These experiences may trigger a crippling form of chronic anxiety known as post-traumatic stress disorder (PTSD).
Who Do You Sue in an Aviation Accident Lawsuit?
Negligence on the part of the pilot team or flight attendant crew that leads to injury provides clear grounds for a lawsuit. Examples might include getting hit by improperly secured overhead bags, reckless flying, and beverage cart spills that cause burns. Mechanical failure due to faulty maintenance may also draw legal action.
Some aviation accidents require a full investigation to determine the underlying cause, potentially leaving you in the dark as to the responsible party. The investigation might hold the aircraft manufacturer or air controller team at fault, in which case you would have to sue the manufacturer or even the Federal Aviation Administration (FAA).
On close examination, you may find that you can’t hold any party liable in an aviation accident. For example, unavoidable turbulence might cause injuries even after the pilot has warned the passengers and the flight attendants have followed all safety procedures, in which case you wouldn’t have grounds to sue.
What Damages Can You Claim in an Aviation Accident Lawsuit?
Aviation accident lawsuits can include multiple damage claims. As in other personal injury lawsuits, an aviation accident lawsuit may claim damages related to loss of income, medical expenses (including anticipated future expenses), pain and suffering, and loss of consortium (disruption of marital relations).
If you lost a family member in an aviation accident, you may have grounds for filing a wrongful death lawsuit. The damages in a wrongful death lawsuit may resemble those listed above while also including funeral expenses and survivors’ pain and suffering. The court may also decide to award punitive damages.
How Do You Pursue an Aviation Accident Liability Claim?
The procedures you and your attorney must follow in pursuing an aviation accident lawsuit will depend in part on whether the defendant works for the FAA. If so, you must follow the rules set down by the Federal Tort Claims Act (FTCA), which governs all lawsuits concerning federal employees.
Lawsuits against private pilots or airlines may proceed more along the lines of standard personal injury cases. However, according to the General Aviation Revitalization Act of 1994, you can’t sue the pilot of a plane seating less than 20 passengers once the airplane has seen at least 18 or more years of service.
Unusual legal issues such as aviation accident lawsuits call for attorneys with skill and experience in this specialized area. You’ll find that expertise here at Bradley, Drendel & Jeanney. Contact our law office today to learn more and arrange a consultation