Air travel is not only the fastest option but also safe when compared to traveling by road or train. Airplane crashes are extremely rare. However, collisions often result in severe injuries and fatalities. Smaller airplanes are at a higher risk than large commercial flights. Airplane accident cases are complex. While the circumstances of the accident are important, the location where you submit your claim significantly impacts your injury compensation. If injured in a domestic airplane accident, you have the right to file a case in any U.S. court. For plane disasters outside the United States, you can pursue legal actions under the international agreement.

In the aftermath of a crash, the airline and its insurance providers often try to persuade you to accept deals and negotiate a speedy settlement of claims. They are not concerned about your well-being; instead, they focus on avoiding legal action and protecting their earnings and image. You should not make a settlement agreement before consulting with a personal injury lawyer. This blog covers all you need to know about airplane accidents.

Types of Airplane Accidents

An aviation crash refers to an accident involving an airplane that results in:

  1. Injuries.
  2. Death to occupants.
  3. Aircraft damage.
  4. Property destruction.

Generally, aviation accidents can be classified as follows:

Collision or Crash

A collision between an airplane and another aircraft, object, or the ground demonstrates this type of accident. Several factors can cause this, including pilot error, mechanical failure, or adverse weather conditions. It may occur during takeoff, landing, or even while the aircraft is in flight.

Runway Excursion

This occurs when an aircraft veers off a runway either during landing or takeoff. This can arise from a variety of factors, like:

  • Pilot error.
  • Hydroplaning.
  • Poor runway conditions.
  • Inadequate braking performance.

Loss of Aircraft Control

Accidents involving loss of control occur when a pilot is unable to maintain control of the aircraft on the ground. Potential causes of aircraft accidents include failure of the mechanical components, adverse weather conditions, spatial disorientation, or pilot error.

Midair Collision

In-flight collisions occur when two or more aircraft collide while in the air. Such accidents can be caused by:

  • Airspace congestion.
  • Communication issues.
  • Navigation errors.

Fuel-related Incidents

This occurs if an aircraft runs low on fuel or experiences malfunctions in its fuel system. Factors that can lead to such accidents include:

  • Contaminated fuel.
  • Fuel depletion.
  • Poor fuel management.

Aviation Accidents Related to Weather

Various adverse weather conditions, including fog, thunderstorms, ice, and high winds, can cause accidents in the aviation industry. Although pilots are trained to navigate severe weather safely, accidents related to weather can still occur due to poor judgment or unexpected changes in environmental patterns.

Failure Caused by Mechanical Issues

Aircraft components can fail due to manufacturing defects, negligent maintenance, or wear and tear. When essential systems, such as engines, control surfaces, or landing gear, malfunction during flight, mechanical faults can cause accidents.

Human Errors in Aviation

In the aviation sector, mistakes made by pilots, air traffic controllers, or ground crew members can all contribute to accidents. Human errors leading to accidents can result from various factors, including fatigue, distraction, inadequate training, and miscommunication.

Challenges Facing Lawsuits Involving Plane Crash Cases

Collecting compensation after an airline disaster can be difficult due to the complex claims process involving various state and federal requirements. After a plane crash, most lawsuits typically involve:

  1. Examining numerous federal regulations.
  2. Concurrent investigations by multiple federal and state agencies.
  3. Dealing with various states of residency or manufacturing.
  4. Navigating complex insurance and contractual agreements.

In an aircraft accident case, one of the biggest challenges is finding evidence that clearly establishes fault.

California's Laws Regarding Negligence

California is a "comparative negligence" state. This system is used to decide personal injury cases. Under this system, you could seek compensation from the offender even if you’re partially responsible for the incident. You are eligible to collect a share of damages for which the other party is culpable, including situations where your percentage of fault exceeds fifty percent.

If a judge finds your damages amount to one million dollars and the jury finds you responsible for seventy percent of the damages, you would be entitled to receive 30% of the amount from the offender. The jury has the authority to allocate fault among the parties. Therefore, it’s advisable to hire a personal injury lawyer experienced in representing clients in catastrophic injury cases.

Under California law, a common carrier is any business or airport that charges for travel on its aircraft. Consequently, it must exercise due diligence and demonstrate the utmost concern for passenger safety. This responsibility exceeds the standard for negligence and applies to every stage of travel, including disembarking and boarding from the airplane.

As a non-paying passenger on a flight that typically charges a cost, the private firm or airport owes you a standard duty of care and due diligence, even if it doesn't owe you a standard duty of extreme caution.

Extreme caution is essential when maintaining and operating airplanes. Airlines may choose to hire external contractors for aircraft maintenance, but they cannot transfer the responsibility. Using an outside contractor does not exempt the airline from its maintenance duties. Consequently, the airline remains liable for any contractor negligence.

Providing Evidence to Support Your Claim in an Aircraft Accident

Obtaining tangible proof from an airline crash scene is often tremendously challenging. In most cases, no survivors can provide an account of the crash, and the aircraft is so badly damaged that Federal Aviation Administration (FAA) investigators struggle to determine the likely cause.

You are fortunate that a legal doctrine, known as "res ipsa loquitur," can help you win the case. It provides protection when determining the cause of an airplane accident is extremely challenging or even impossible.

If the following criteria are met, the legal principle known as "res ipsa loquitur" will assume negligence occurred in your case:

  1. In most cases, an accident of that nature does not happen without a third party's carelessness.
  2. The defendant had complete control over the instrumentality or board responsible for the harm or accident.
  3. You did not voluntarily participate in or contribute to the harm or accident that occurred.

As a result, except for cases brought by pilots or co-pilots, there is a view of carelessness in almost all airplane-related cases. If someone other than the pilot or their company is at fault, pilots and flight attendants have the right to file a claim for damages. Although you can’t sue an employer, you can seek legal action against the airplane's manufacturer or supplier for their negligent act.

In some cases, proving that someone violated a law or rule can help establish your case. Such offenses create an assumption of a negligent act, shifting the burden. The offender must then demonstrate they did not act negligently. However, breaking a statute doesn't automatically result in the presumption of a negligent act if the regulation wasn't intended to protect against the kind of harm you experienced.

What Elements Are Responsible For Airplane Crashes?

Many different scenarios can lead to an airplane crash. The following paragraphs highlight some of these factors. One or more of these elements may contribute to an accident:

Pilot Negligence and Errors

To maintain effective control of their aircraft, pilots must utilize all their knowledge and experience. Although many modern airplanes are equipped with sophisticated navigation and security systems, even the most advanced aircraft might not prevent a crash if the pilot makes a serious mistake or fails to understand how to operate these systems. Pilots should not rely solely on technology and should be aware of potential system failures. Any mistake, intentional action, or instance of neglect can potentially result in a fatal collision.

Air Traffic Controller's Negligence in the Control Tower

The consequences of an air traffic controller failing to provide pilots with details and instructions about airspace, takeoff procedures, and landing could be catastrophic. Without appropriate information, two airplanes might collide mid-flight, a pilot could misjudge a landing, or a serious accident on the runway could result in multiple injuries.

Faulty Or Mechanical Equipment Failure

Each aircraft part must be in good operating condition to ensure the highest level of safety. Equipment may malfunction as a result of manufacturing or design defects, or due to improper maintenance over time.  Equipment malfunction-related accidents may result in liability for airline operators or vendors.

Factors Such As Weather And Other Unexpected Circumstances

Pilots, air traffic controllers, and airline businesses are unable to control certain situations. Adverse weather conditions can hinder visibility and damage sensitive airplane equipment. Also, bird flocks pose a serious threat to aircraft if they collide with the windshield. They can cause it to shatter or fly into the engine.

Who Is Responsible for Aviation Accidents?

Determining fault in airline accidents can be challenging. The National Transportation Safety Board is investigating both of these aviation events. Multi-engine aircraft used for commercial purposes, whether hauling passengers or freight, must be equipped with cockpit voice recorders (CVR) and flight data recorders (FDR).

These recorders, often called "little black boxes," provide valuable insight into the events leading up to a catastrophe; however, they don't always reveal how or why an accident occurred. To determine the cause of a small plane accident, the National Transportation Safety Board (NTSB) relies on clues left in the wreckage and the testimony of any survivors.

When an airplane is involved in an accident, the parties responsible for the incident vary based on the type of aircraft and the purpose of the flight. In a lawsuit, the following parties may be identified:

  1. The Owner Of The Airline

When it comes to smaller aircraft, the pilot and owner could be the same person. On the other hand, individuals can also rent planes from pilots, while larger aircraft like jets are typically owned by charter companies or airlines. In such instances, the Federal Aviation Administration (FAA) mandates that aircraft owners guarantee the airworthiness of the plane by adhering to maintenance and inspection standards. Failure to do so may result in mechanical issues and a potential aircraft crash.

  1. A Fixed-Location Operator

A fixed-base operator (FBO) is a firm authorized to operate and provide services at an airport. FBOs often offer a variety of services, including hangar space, fuel, parking, aircraft tie-down, maintenance, airplane rental, and flight instruction.

  1. The Manufacturer Of the Aircraft Or Its Components

Manufacturers may be liable for losses resulting from injuries or fatalities in aviation crashes caused by defective parts or poor aircraft design.

  1. Crews Responsible For Aircraft Maintenance

Individuals and firms who inspect and repair airplanes must adhere to the FAA's most stringent maintenance requirements. Failure to carry out their responsibilities properly could result in plane crashes. This information is typically obtained through a thorough examination of the aircraft's maintenance logs.

  1. Air Traffic Controller System

Air traffic control (ATC) is the responsibility of government professionals. If an error or malfunction in the ATC system causes an aviation accident, the government may be held accountable for legal action.

The Statute of Limitations

The time limit for submitting your case is called a statute of limitations. If you don't file your case within this period, you'll lose the right to seek compensation for damages. A statute of limitations exists to ensure fairness and justice. Over time, memories fade, witnesses relocate, and proof disappears. These statutes protect offenders from uncertainty about potential claims for past incidents, encouraging the timely filing of your case and safeguarding the accused from such claims.

The California statute of limitations for personal injury lawsuits typically lasts two years. The clock starts when you become aware of the harm or when you reasonably should have been aware of it. For injuries such as traumatic brain injuries, where damage occurs gradually and may not be immediately apparent, the statute of limitations begins when you become aware of the harm. Claims against the authorities or their employees must be filed within 6 months of the incident date.

What Should You Do If You've Been Injured in an Airplane Crash?

The aftermath of an airplane crash is usually chaotic. Even qualified specialists often struggle to restore normalcy in the immediate moments following. Your well-being should be your primary concern. Seek medical attention as quickly as possible. After a medical expert clears you, collect all pertinent information to prepare for your claim. It is recommended that you:

  • Write down all the facts you can remember about the accident.
  • Document your injuries and the incident with photos or videos, or ask someone to do so for you.
  • Maintain a journal recording your health condition after the crash and all medical care you receive.
  • Note the names and contact information of other victims or witnesses present.
  • Avoid communicating with insurance companies or airline attorneys before meeting with your lawyer.

Damages That Can Be Recovered

Catastrophic injuries from airline accidents may result in lifelong, unplanned bills. Therefore, you need a settlement that can cover all your expenses. If you suffer a catastrophic injury due to an airline accident, you can potentially recover three types of damages:

  1. Economic Damages

The financial expenditures incurred or anticipated due to the injury fall under this category. These include:

  • Medical care costs, including tests, MRIs, X-rays, drugs, surgeries, and post-operative care, as well as projected future medical expenses.
  • Occupational or physical therapy.
  • Psychotherapy.
  • Long-term or short-term care.
  • Loss of income.
  • Loss of earning capacity.
  • Out-of-pocket expenses, such as legal fees, hotel stays, and transportation charges.

When determining medical costs, courts rely on evidence from medical specialists, including physicians and other healthcare professionals. Often, an industry expert or economist calculates future wage losses.

  1. Non-Economic Damages

These are damages that cannot be precisely quantified in monetary terms. They include:

  • Pain and suffering, both past and future.
  • Diminished quality of life.
  • Physical disfigurement.
  • Loss of life enjoyment.

Among all your damages, pain and suffering, including emotional anguish, is typically the most substantial. No expert can precisely evaluate your level of pain and suffering, and no formula exists to do so. The outcome of the case depends on how you convey your concerns, the severity of the accident, and the jurisdiction where you make your claim.

  1. Punitive Damages

Courts often impose these damages on offenders as a form of punishment. Punitive damages are only awarded in cases against large organizations like airlines. However, if a defendant's actions were particularly heinous, malicious, or intentional, the court may award punitive damages against an individual or small business.

Find an Airplane Accident Attorney Near Me

Aviation cases involve more than just state laws, requiring intricate analysis to streamline procedures and optimize recovery. Insurance adjusters have a duty of loyalty to their clients. If you reject their offer, they may delay the process or pressure you to settle quickly. However, you do not have to endure the pain of your injuries while navigating the compensation process alone.

At The Personal Injury Attorney Law Firm, we have years of expertise in representing clients injured in airplane accidents and filing claims on their behalf. We have a thorough understanding of the legal issues and the most effective strategies to fight for you. Call us at 800-492-6718. We will hold all negligent parties responsible and help you obtain the maximum compensation for your injuries.