Aviation Accidents Questions & Answers

- I was injured on an airplane that did not crash. Can I still sue?
- Who can be held liable for airplane accidents?
- How can I prove that the airline or the pilot of the airplane was at fault when there are no surviving witnesses to the crash?
- What damages are recoverable in aviation accident cases?
- Do I need an attorney to bring an aviation case?
- What law governs airplane crashes?
- Who is entitled to bring a lawsuit based on injuries or deaths stemming from airplane accidents?
- Do commercial airlines or companies that charge passengers to fly on their airplanes owe a special duty of care to passengers?
- How in depth will my attorney investigate the crash?
- When is an airplane accident most likely to occur?

I was injured on an airplane that did not crash. Can I still sue?
Yes. Many serious injuries occur to passengers without an airplane crashing. For instance, injuries can be caused by severe turbulence, the negligent acts of flight attendants and can even occur before take-off or after landing. The airline maintains the duty of utmost care for the safety of its passengers.

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Who can be held liable for airplane accidents?

• pilots
• owners and lessors of the airplane
• employer of the pilot
• manufacturers and suppliers of the airplane and component parts of the airplane
• chart publishers
• repairers
• air traffic controllers
• Federal Aviation Administration

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How can I prove that the airline or the pilot of the airplane was at fault when there are no surviving witnesses to the crash?

Plaintiffs are aided by a legal doctrine known as "res ipsa loquitor" which holds that ?there will be a presumption of negligence on the part of the airline or pilot if the plaintiff can establish that the accident is of a kind that ordinarily does not occur absent someone's negligence; the accident was caused by an agency or instrumentality within the defendant's exclusive control; and, the accident was not due to any voluntary action or contribution of the plaintiff?. Almost every airplane crash fits this description; thus, proof in the case shifts to the defendant to prove that it acted reasonably.

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What damages are recoverable in aviation accident cases?

The plaintiff who is still alive is entitled to recover damages for:

• past and future medical expenses
• past and future wage loss
• past and future pain and suffering
• punitive damages

If the passenger on the airplane dies, his or her survivors are entitled to recover:

• full compensation for their economic losses that result from the passenger's death
• emotional distress damages which stem from the loss of society care
• comfort of the decedent
• punitive damages

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Do I need an attorney to bring an aviation case?

Yes. In major airline crash cases, the airlines will often attempt to settle with the survivors before they retain attorneys. The offers from the airlines are generally low. Most plaintiffs do much better retaining attorneys. Aviation litigation is very complex and there usually needs to be an investigation to ascertain fault. This will require a skilled attorney.

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What law governs airplane crashes?

What law governs an airplane crash is decided by whether the airplane accident involved an air carrier, like a commercial commuter or passenger airline or civilian accident. If the airplane crash was a civilian accident, then the rules that apply are similar to the "Rules of the Road" and legal negligence standards of ordinary and reasonable care. A pilot flying such aircraft must use reasonable care in flying a plane; a mechanic is to use reasonable care in fixing an airplane, etc.

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Who is entitled to bring a lawsuit based on injuries or deaths stemming from airplane accidents?

Any passenger who is injured in an airplane accident, or the heirs of any passenger who is killed, are entitled to bring a lawsuit.

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Do commercial airlines or companies that charge passengers to fly on their airplanes owe a special duty of care to passengers?

Yes. Commercial airlines and companies that charge people to fly in their planes are considered "common carriers" and owe passengers the highest duty of care under the law to make sure that their travel is safe.

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How in depth will my attorney investigate the crash?

It is critical that the plaintiff's attorney does everything that he or she can to thoroughly investigate an airplane accident case. Governmental agencies will perform their own investigation, and attorneys should obtain these reports. However, it is also important to inspect what is left of the airplane and other evidence that is available after an airplane crash.

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When is an airplane accident most likely to occur?

Airplane travel consists of three phases:

• Takeoff and climb

• Cruise

• Descent, approach and landing

Looking at accident rates for each phase, cruise is the safest part of flying. Only about 6 percent of all accidents occur during this phase. Approximately 35 percent of all accidents occur during takeoff and climb. Nearly 60 percent of accidents occur during descent, approach and landing.

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