Aircraft Incidents
An airplane or helicopter incident can result in a tragic crash causing loss of life or serious injuries that happen between the time a passenger boards through disembarking an aircraft. The circumstances and injuries suffered, including damages and losses, should be examined by a lawyer to assemble the necessary experts to confirm both causation and fault.
Having represented numerous clients and their families resulting from aircraft incidents, Traut Injury Law will take an aggressive and effective approach to investigate and prosecute the responsible parties. This will involve retaining skilled and experienced experts to provide answers as to how and why the incident occurred.
Your ability to sue and the laws that apply depend on factors like the location of the incident, the cause of the accident, and who is responsible. There are several legal frameworks that might come into play, such as personal injury law, product liability, or international treaties, depending on whether the incident occurred domestically or internationally.
Common Types of Aircraft and Helicopter Accidents
- Pilot Error: Mistakes made by the pilot, such as misjudgments during takeoff, landing, or while in-flight, are a common cause of both airplane and helicopter accidents.
- Mechanical Failure: Faulty equipment, maintenance issues, or manufacturer defects can lead to mechanical failure, resulting in crashes or severe turbulence. Traut Injury Law has utilized experts over the years who have extensive backgrounds in aircraft product failures that caused or contributed to causing crashes.
- Turbulence or In-flight Accidents: Sudden turbulence can cause passengers to be injured by being thrown against the interior of the aircraft or by falling luggage.
- Ground Accidents: Incidents that occur on the tarmac, during boarding, or while the aircraft is being serviced. These include collisions between aircraft or accidents involving ground crew.
- Mid-Air Collisions: Rare but catastrophic, these occur when two aircraft collide in flight, often due to communication or navigation failures.
- Runway Incidents: Accidents that occur during takeoff or landing, such as a plane veering off the runway or collision with another object.
- Helicopter-Specific Risks: Helicopters face risks like “rotor wash,” where downwash from the helicopter’s blades can cause instability during landing or takeoff, and tail rotor failures which can make the helicopter lose control.
- Weather-Related Incidents: Extreme weather conditions can cause accidents, especially during takeoff and landing. The prosecution of these cases will require experts to look at weather data and whether the pilot and crew had notice of the risk prior to the incident.
- Fuel Problems: Fuel contamination or exhaustion mid-flight can cause crashes or emergency landings.
- Human Error (ATC or Crew): Air Traffic Control (ATC) mistakes or errors by ground crew can lead to severe accidents. Eric Traut received a multi-million dollar verdict for the negligence of an Air Traffic Controller who cause two helicopters to collide at Torrance airport, killing one pilot, and seriously injuring the other
Laws and Jurisdictions: Domestic vs. International
DOMESTIC (United States)
- Personal Injury Law (Tort Law): If an aircraft accident occurs within the U.S., the victim can file a personal injury lawsuit under state tort law. This could be a claim against the airline, pilot, manufacturer, or maintenance provider.
- Federal Aviation Laws: The Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB) regulate air travel and investigate aviation accidents in the U.S. In some cases, federal law will govern the case, especially in commercial flights.
- Product Liability: If a defect in the aircraft or helicopter contributed to the accident, you may be able to sue the manufacturer under product liability laws.
INTERNATIONAL
- Montreal Convention: If the incident occurs during international travel, the Montreal Convention often governs liability for injuries, delays, or damages. It applies to international flights between member countries and provides compensation limits, but passengers can still sue for additional damages if negligence is proven.
- Jurisdiction Issues: If the incident occurs outside U.S. airspace or in international waters, jurisdiction can become complicated. Depending on the circumstances, international treaties, the location of the airline’s headquarters, or the departure/arrival country may determine which country’s laws apply.
- Flag of the Aircraft: In international waters, the laws of the country where the aircraft is registered (the “flag” of the aircraft) may apply. This can affect the available legal remedies.
MILITARY OR GOVERNMENT AIRCRAFT
- Special rules apply for accidents involving military or government aircraft. These incidents are often subject to different legal frameworks, and suing the government (sovereign immunity) can add another layer of complexity.
WHAT TO DO IF YOU WANT TO SUE
- Identify Responsible Parties: Depending on the circumstances, potential defendants may include the airline, the pilot, the aircraft or part manufacturers, or ground crew personnel.
- File Within Statutes of Limitations: There are strict time limits on when you can file a lawsuit, and these vary by state and by country. If a government entity is involved, the time within which to file a claim can be as little as 6 months.
- Seek Legal Advice: Aviation law is typically complex, so we would not recommend you trying to handle the case on your own.
- Contacting Eric Traut who specializes in aviation law is recommended. We offer a free consultation to review your case. We take all cases on a contingency fee basis, meaning you pay nothing unless we win.
