Nationwide Aviation Attorneys
- Nationwide Aviation Attorneys
- What can an aviation lawyer do for me?
- Common Liabilities Determined by Texas Aviation Accident Lawyers
- Types of Aviation Accidents & Plane Crashes
- Liability in Texas Aviation Accidents
- Vicarious Liability – Owner or Operator
- Strict Liability – Manufacturer
- Liability of the Federal Government
- Common Carriers Liability
- Have you been injured in an aviation accident?
With the rate of air travel expected to double in the next twenty years, the occurrence of aviation accidents will undoubtedly increase. Aviation accidents are catastrophic events that typically result in severe injuries or fatalities. There are a number of causes of aviation accidents that may involve the negligence or wrongdoing of certain parties.
If you or a loved one has been harmed in an aviation accident through no fault of your own, you may be eligible to file a lawsuit to seek monetary compensation for your losses and suffering. It is wise to seek the assistance of experienced airplane crash lawyers who can evaluate your claim and inform you of your legal rights and options. Please contact us today to speak with a qualified aviation lawyer.
What can an aviation lawyer do for me?
Aviation law is one of the most complex areas of litigation because it may involve several potential claims of liability under state, federal, and international law. These claims often include negligence, product liability, or a combination of the two. An aviation accident lawsuit may also hold more than one party responsible for the accident. This may include the owner or pilot of the aircraft, the maintenance and repair crew, the commercial airline, the design or manufacturer of the aircraft, and/or the federal government. An experienced and qualified aviation lawyer is knowledgeable about these kinds of cases and can help you file a claim and build a strong case to ensure you get the compensation you are entitled to.
In aviation accident lawsuits, the burden of proof falls on the plaintiff. This means that you must provide enough evidence in the case to prove that the party responsible for the aviation accident did not meet the required standards of safety for operating, regulating, or engineering the aircraft. An experienced aviation lawyer has a number of contacts and can appoint experts and witnesses to help prove your case.
A qualified plane crash attorney has a wealth of experience handling aviation accident cases and can help protect your legal rights and maximize your interests. Furthermore, an aviation lawyer is committed to helping you recover your losses including medical bills, pain and suffering, lost income capacity, and more. According to Florian Karner, the chief of global aviation for GE Insurance Solutions, the average amount of damages awarded to plaintiffs in aviation accident cases is approximately $4 million per passenger in the United States.
Common Liabilities Determined by Texas Aviation Accident Lawyers
Generally, airplanes are considered a safe means of transportation in Texas, but when accidents occur, they usually end with fatal consequences. In the scheme of things, aviation accidents involving large aircraft like commercial airliners are less likely to happen as compared to the myriad of accidents involving smaller, private planes, These accidents are more frequent than most people consdier since a majority of these airline incidents go unreported.
According to the Federal Aviation Administration (FAA), air travel is expected to double over the next 20 years. As air traffic increases, the risk of an aviation accident also rises.
Aviation accident law covers both major air carrier and general aviation accidents. General aviation includes all non-commercial aircraft, including small planes, jumbo business jets, charter flights, pleasure crafts, helicopters, and hang gliders.
Types of Aviation Accidents & Plane Crashes
Airplane accidents include not only crashes, but also incidents on planes that cause injuries, such as falling baggage, assaults, and other related events.
The types of accidents that can cause injury to passengers and crew include:
- Crashes and collisions
- Accidents occurring on the runway and during transport to and from planes
- Accidents due to air traffic control error and miscommunication
- Shifting baggage during flight or on the runway falling on people
- Pilot negligence
- Mechanical failure
Liability in Texas Aviation Accidents
Determining who is at fault in an aviation accident will often require the skills and knowledge of an experienced aviation accident lawyer.
In aviation accidents that occurred in Texas, liable parties vary depending on the cause of the accident. The owner and operator of the aircraft and the manufacturers or maintenance suppliers may be held responsible; even the federal government may bear some responsibility in an aircraft accident.
Vicarious Liability – Owner or Operator
If carelessness or recklessness can be proven, aircraft owners and operators will be held liable for the damages suffered by injured parties, including passengers, people on the ground, and even the pilot during an accident. If the aircraft was being operated by another person but not the owner when the accident occurred, the owner might still be held liable under a legal theory called vicarious liability.
Strict Liability – Manufacturer
The manufacturer of an aircraft can be held liable if the victim of an accident can prove that a defect in the product (the plane) or a part caused his or her injuries. This is referred to as strict liability. It is important to remember that liability laws differ from state to state.
Comparative Fault – Both the Owner/Operator and the Manufacturer
In many cases, both the pilot and the manufacturer are held liable for an aircraft accident. This is called a comparative fault. The jury must determine the percentage of liability attributable to each of the defendants. For example, a pilot maybe 35 percent at fault for losing control of an aircraft, but the manufacturer may be 65 percent at fault for defective landing gear. Most states use comparative fault and distribute the blame between the two parties.
Liability of the Federal Government
Air traffic control is a primary duty of the federal government, which is under the responsibility of the FAA through the Air Traffic Control System (ATC). If an aircraft accident involves a collision, the ATC may be held accountable and included in the case as a defendant in litigation.
Common Carriers Liability
Commercial airlines fall under the legal classification of a common carrier and governed by different, more stringent, standards than are private carriers. A typical commercial airline is under the FAA’s responsibility being the principal federal agency tasked with regulating air carriers and imposing standards, operating procedures, and monitoring the aircraft. Finding the liability of common carriers will need an understanding of the complex rules and regulations.
Have you been injured in an aviation accident?
If you or someone you love has suffered serious harm in an aviation accident, it is important to speak with a qualified and experienced aviation attorney to ensure your rights are fully protected. We work on a contingency fee basis, which means there will be NO fee unless we successfully litigate or resolve your case. Please contact us today to set up your FREE consultation.