Many people fear flying because of the possibility of an airplane crash. Aviation accidents are rarer than motor vehicle mishaps, yet when they occur, they are legally complex. An experienced plane crash lawyer can navigate the incredible number of parts in such a claim to help obtain compensation and closure for victims and their families.
How Liability Is Determined in an Airplane Accident
Determining legal liability in an airplane accident lawsuit is complex. Responsibility depends on the cause of the crash, the parties involved in operating and maintaining the aircraft, applicable federal regulations, and the evidence developed during the investigation. Depending on the circumstances, potentially responsible parties may include:
- Pilots and flight crew
- Aircraft and component manufacturers
- Third-party maintenance and repair companies
- Air traffic controllers and government agencies
- Ground support and fueling services
Who Can Be Held Responsible?
Determining who is liable in a plane crash depends on the cause of the incident and the results of investigations from various authorities. Government entities, such as the National Transportation Safety Board in the United States, usually conduct these investigations. These investigators look for evidence from flight data and cockpit voice recorders, various audio logs, maintenance and inspection records, and analysis of aircraft wreckage.
The Role of NTSB and FAA Investigations
When a civil aircraft accident occurs in the United States, the National Transportation Safety Board, or NTSB, generally leads the safety investigation and determines the probable cause of the accident. The NTSB’s role is independent and focused on identifying safety issues and preventing future accidents. The Federal Aviation Administration, or FAA, typically participates in aviation accident investigations and may separately address regulatory compliance, aircraft certification, pilot licensing, maintenance requirements, and enforcement issues. NTSB and FAA investigative materials may be important in evaluating an aviation accident claim, although the use of certain NTSB reports, conclusions, and probable-cause determinations in a civil lawsuit is limited by federal law.
Filing a Claim Against the Federal Government?
Determining claims against the federal government (FTCA) in an FAA liability lawsuit depends on the cause of the incident. Aviation has complex operations, so multiple parties may be held legally responsible for the incident. The ultimate responsibility may depend on personal injury, wrongful death, or product liability laws. Other parties may end up responsible for the claim
The GARA Rule and Older Aircraft
The General Aviation Revitalization Act of 1994 (GARA) federal tort reform law establishes an 18-year “statute of repose” for product liability lawsuits against manufacturers of small general aviation aircraft and their components. This law applies to Cessna, Beechcraft, Piper, and similar manufacturers, granting long-tail legal liability for accidents involving old, poorly maintained private planes
Wrongful Death Claims After a Fatal Crash
Filing a wrongful death lawsuit under the Federal Tort Claims Act requires careful consideration of all the components involved in such a claim. Plaintiffs must ensure they have the legal right to pursue the claim. Successful claims require strict compliance with procedural rules, filing deadlines, and standing requirements. Choosing the right venue and jurisdiction also matters.
Early involvement in an aviation accident claim is crucial because the window to secure evidence and file claims begins closing immediately after an incident occurs. Your window to act is much shorter. Contacting a plane crash lawyer who understands the intricacies of this scenario can make a decisive difference when winning a claim.
This article provides general information and is not legal advice. Aviation accident claims are highly fact-specific, and the applicable laws, procedures, and deadlines may vary by jurisdiction.
