When you’re a passenger or a crew member on an aircraft, knowing your legal rights is vital. You can recover compensation for your losses if you suffer injuries in an aviation accident.
Various factors, including pilot errors and mistakes in communication among flight crew members, cause airline accidents. A skilled lawyer can identify the cause of an airline accident and determine liability.
Duty of Care
In the event of an aviation accident, the legal rights of passengers and crew members are often determined by the underlying duty of care owed to them. The law requires airlines and other aircraft operators to do everything reasonably possible to prevent injury from occurring during flight. This includes inspecting aircraft and equipment, ensuring all employees are adequately trained, and following industry rules and regulations.
Airplane accidents can occur for a variety of reasons. These include mechanical failure, defective parts, design issues, birds, pilot and air traffic controller errors, weather, fire, fuel, terrorism, and sabotage.
These accidents can also be caused by other factors, such as the negligence of passengers and crew members responsible for maintaining aircraft safety. In addition, the manufacturer of aircraft and their equipment can be held liable for malfunctions or defects that cause an accident.
The most common type of liability that airlines and aircraft manufacturers face is a breach of duty of care. This legal theory of negligence requires a passenger to prove that the airline or other party violated a standard of care for the protection of passengers and other people. This is typically done by demonstrating that the other party knew about the risk that the condition could create, did not take measures to prevent it, and that the violation caused harm to the plaintiff.
Companies must understand the scope of their duty of care obligations to avoid legal trouble. This means that all managers in the company should be aware of their responsibilities. Managers responsible for employee health and safety should work together to create a policy that ensures the company meets its obligation of care. They should also be prepared to manage risks that could arise in every area of the company. This will help ensure the safety of everyone involved and decrease the likelihood that a company is found liable.
Negligence
Passengers and crew members in aviation accidents owe each other the utmost care and diligence. This particular duty of care is higher than the standard owed to other passengers, so if you or a loved one has been injured due to an airline accident, you may be entitled to compensation.
The first step in bringing an aviation injury claim is to prove that the defendant was negligent. This means they should have exercised the utmost care when performing their duties.
There are several ways to establish negligence in a civil lawsuit, but the most crucial factor is causation. This is the relationship between the defendant’s negligent actions and the harm that you suffered.
A typical example of causation is the relationship between a driver who ran a red light and a passenger hit by their car. In this case, the driver’s negligent actions caused the collision; thus, the victim can bring suit against the driver.
However, this is only true if the defendant’s action was a “proximate cause” of the plaintiff’s injuries. The legal term for proximate cause is “cause.” That is, if the defendant’s negligent act caused your injuries, then you were likely to have been hurt but for the defendant’s actions.
Another way to prove causation is by showing that the defendant’s negligent actions caused a specific and noticeable result. A jury will consider whether the defendant’s negligence harmed you, and if it did, you have a case against them for damages.
Negligence is also critical in a claim against a manufacturer or supplier of airplanes, as this requires proof of the defect that caused the crash. This is especially important when an accident occurs while the plane is in the air, as the defective condition is more challenging to identify and determine.
Generally, suppose you have been injured in an airplane crash and can prove negligence. In that case, you can recover damages for your medical bills, property damage, lost wages, and pain and suffering. You can also recover punitive damages. These can be very significant and are intended to punish the defendant for their actions and prevent them from committing similar actions.
Causation
If you or a loved one has been injured in an aviation accident, you need a lawyer knowledgeable about the complex legal rules and regulations surrounding these cases. An experienced aviation attorney will investigate the crash and identify the parties at fault, allowing you to pursue the compensation you deserve.
Pilot Error
The most common cause of aviation accidents is pilot error. It takes two years and 1,500 flight hours to become a commercial airline pilot, and even though most professional pilots are skilled, mistakes do happen. If a pilot is under the influence of alcohol or drugs or if they exceed the flight time limitations imposed by the FAA, these factors increase the chance that the pilot will make a mistake.
This is why the NTSB closely examines every accident in hopes that it can prevent future crashes. Once a crash occurs, investigators from the NTSB will interview the crew members, review all flight and safety records, and determine what caused the accident.
Once the accident has been thoroughly investigated, the NTSB will issue a report. This report will describe the accident, its investigation, and how it happened. The report will also include information on any preexisting conditions or diseases the crew may have had and any toxicological or histological findings on passengers and crew.
Another common cause of aircraft accidents is mechanical failure. Various things, including improper maintenance, design flaws, or manufacturing errors, can cause this. In these situations, the manufacturer may be responsible for your damages if the accident was their fault.
Weather is another important factor in aviation accidents. Air traffic controllers are responsible for providing weather information for pilots so they can safely fly when they are flying through bad weather. Flights could be delayed if the weather forecast was wrong or the air traffic controller must correctly communicate this information.
The Swiss cheese model proposes a more holistic approach to dealing with complicated events by examining them concerning all possible contributing causes of an event. Rather than focusing only on the apparent causes of problems, a holistic approach will uncover more systemic problems and issues that may not be immediately apparent.
Damages
While air travel is statistically safer than many other forms of transportation, accidents, and mishaps can occur. Aviation accidents can range from minor to severe, and passengers and crew members can sustain various injuries while traveling in the skies.
When an airplane accident occurs, there are numerous ways in which the injured passenger or crew member can recover damages. Passengers can recover for medical expenses, and future predicted medical costs and receive compensation for past and future lost wages.
If a defective product caused the accident, the injured passenger could file a product liability claim against the manufacturer. However, it is essential to note that not all in-flight injuries resulting from a product defect.
Other aviation accidents are caused by faulty maintenance or repair of the airplane. In some cases, a servicer or contractor may be liable.
The most common types of aircraft crashes include landing gear failure, turbulence, and cabin fires. These incidents can cause serious bodily injury to passengers and crew members and significant damage to the airplane itself.
These types of accidents can be complicated, so it is essential to seek the assistance of a California attorney experienced in aviation law to determine how to proceed.
In many cases, aviation accident victims are entitled to punitive damages in addition to their recovery for medical expenses and lost wages. This additional compensation is intended to deter wrongful conduct and punish those responsible for the accident.
When an airplane crash occurs, the surviving family members can also sue for loss of consortium damages. These damages include the loss of society, comfort, and care that the injured passenger would have enjoyed had they not been killed in an airplane crash.
As with any personal injury case, preserving evidence after an airplane accident is essential. This includes taking pictures of the accident scene, viewing preliminary accident and incident notices and final aviation accident reports, and securing all documents relevant to the accident investigation.
