Air travel is considered by most to be a safer means of transportation than automobile travel.  However, according to the Federal Aviation Administration (FAA), air traffic is expected to double over the next 20 years. This increase will undoubtedly raise the risk and frequency of aviation / aircraft accidents. Luckily, less serious, non-fatal accidents involving private aircraft are more frequent than the catastrophic crashes or explosions. However, when fatal air accidents do occur, they devastate the families of pilots, crews and passengers alike.  These families require the best legal help available to identify and hold the proper parties responsible. Aviation attorneys at our Utah Law Firm, The Lance Firm, are there to provide needed legal help.

Aviation litigation is extremely complex. Many different theories of legal liability exist under state, federal, and international law. Multiple defendants and at fault parties are usually involved in a single airline crash. In addition, in most cases several options can exist for trial venues. To hold a party responsible for an airplane accident, the plaintiff must prove the defendant failed to meet the legal standard related to operating the aircraft, or related to engineering, the maintenance or to other operational issues or standards. To successfully resolve these and other legal issues associated with a given aviation accident, contact an experienced aviation attorney at The Lance Firm.  Our airplane accident attorneys have successfully handled multiple airplane and other aircraft cases within Utah, the United States and other countries including several Central American countries.

Causes of Plane Crashes

Aviation accident law covers major air carrier as well as general aviation accidents. General aviation includes all non-commercial aircraft such as small planes, small and large personal and business jets, charter flights, pleasure crafts, and helicopters. Common causes of both major carrier accidents and general aviation accidents include:

• Pilot error
• Faulty equipment or maintenance
• Federal Aviation Administration regulations violations
• Structural or design defects / problems
• Negligence of Flight Service Station employees
• Negligence of Federal Air Traffic Controllers
• Negligence in a third party's selection of a carrier
  
  

The FAA and NTSB

In the United States, two government agencies regulate air travel and investigate every commercial and general aviation accident: (1.) The National Transportation Safety Board (NTSB) and (2.) the Federal Aviation Administration (FAA). The NTSB is in charge of investigating every civil aircraft accident and recommending safety standards to prevent future accidents. The FAA sets legal safety standards for pilot conduct, flight operations, and aircraft manufacturers. It enforces FAA regulations through civil and sometimes criminal penalties.

Personal Injury Claims for Airplane and other Aviation Accidents

While the circumstances of different airplane crashes and other aviation accidents vary, claims for personal injury or death resulting from an Airplane or other aviation accident are generally brought under legal theories of negligence, product liability or some combination of the two. In addition, because air travel is regulated by two federal agencies within the United States and other local governmental agencies outside of the U.S., these rules and regulations may impact a personal injury claim or the standard of care legally owed to the victim of an aviation accident.

Pilots, aircraft owners, common carrier, airline maintenance providers and major airlines are among those subject to claims whenever an aviation accident occurs. In addition, product liability claims may be made against manufacturers and sellers of defective aircraft and other aviation products.  Operators are held to a high standard concerning duty of care. If carelessness or recklessness can be proven, then the owner will be held liable for the damages suffered by injured parties, including passengers, people on the ground, and even the pilot(s) and crew. Even if the aircraft owner was not operating the aircraft when the accident occurred, the owner may still be held liable under a legal theory called vicarious liability. It is similar to how automobile owners are responsible for the actions of the driver of the automobile they own.

Liability of the United States

A primary duty of the federal government is to control all air traffic. The FAA through the Air Traffic Control System (ATC) is responsible for this enormous function. If an aircraft accident involves a collision, a key question is whether or not the ATC did its job correctly and may be joined as a defendant in litigation.

Damages

Typically, several categories exist for recoverable damages: past and future medical expenses, lost wages, lost earning capacity, past and future pain and suffering, emotional distress, loss of consortium (available to married couples only), and punitive damages. Jurisdictions will differ as to what damages may be recovered and what proof is required for each category. Some states also impose "caps" (having changed tort law under the duplicitous, pro-corporate/anti-citizen banner of “tort reform”) on certain categories of damages, thereby limiting a potential recovery. An experienced aviation attorney at The Lance Firm can help find the best jurisdiction and present a victim’s damages in order to ensure just and fair compensation for injuries.

Cautions

Aviation litigation is extremely complex, involving in-depth analysis of state, federal, and sometimes international law. Numerous issues can affect the outcome of aircraft litigation: the parties that may be named as defendants, questions of venue, aviation engineering, industry standards and federal government rules and regulations. If you have been injured or someone you love has been injured or killed in an aircraft accident in the State of Utah, elsewhere in the United States or throughout the world, contact an experienced aviation accident attorney at The Lance Firm to protect your legal rights.