Determining Liability In Airplane Accidents

Airplane Accidents

Airplanes are now used by many people as one of their modes of transportation. In fact, according to the Federal Aviation Administration or FAA, air travel is expected to double over the next 20 years.

However, as the number of air travel increases, the probability of an airplane accident also rises. Even though airplanes are generally regarded as a safe transportation mode, accidents still occur and usually, these accidents result in serious injuries and deaths.

Aviation Accident Law

Aviation accident law deals with major air carrier and general aviation accidents.

General Aviation

General aviation includes non-commercial aircrafts such as the following:

Helicopters

Hang gliders

Charter flights

Small planes

Pleasure crafts

Large business jets

Types of Airplane Accidents

Airplane accidents include incidents and crashes on planes, such as falling baggage, assaults, and other related incidents, which result in injuries and/or deaths.

Here is a list of the types of airplane accidents:

Pilot negligence

Mechanical failure

Collisions and crashes

Accidents that occur during transport to and from the aircrafts and on the runway

Accidents that are due to miscommunication and air traffic control error

Baggage falling onto people during shifting baggage at the runway or during flight

Causes of Airplane Accidents

Airplane accidents are usually due to someone's fault. Such accidents may result to the injury or even death of passengers and crews of aircrafts. The following are some of the causes of these airplane accidents:

Design or structural problems

Pilot error

Faulty equipment

Violations on the rules and regulations of the Federal Aviation Administration (FAA)

Negligence of the employees of the Flight Service Station

Negligence in a third party's selection of a carrier

Negligence of the Air Traffic Controllers

Liability in Airplane Accidents

In an airplane accident, it is somewhat difficult to determine who is responsible for an accident. The help of an experienced lawyer might even be a necessity.

The parties that may be held legally responsible in an airplane accident vary. This depends on the cause of the accident.

The parties that can be held liable in airplane accidents include the following:

Owner of the aircraft

Operator of the aircraft

Maintenance suppliers or manufacturers of the aircraft

Federal government

Liability of Operator or Owner - Vicarious Liability

Operators and owners of an aircraft can be held legally responsible for the damages if carelessness or negligence is proven.

Liability of Manufacturer - Strict Liability

Strict liability refers to the manufacturer's legal responsibility to the victims of an accident if proven that their injuries were due to a defect in or a component of the aircraft.

Comparative Fault

Comparative fault is where the owner or operator and the manufacturer of the aircraft are both held legally responsible for the accident.

Liability of the Federal Government

The federal government may be held liable for an airplane accident if it involves a collision.

Liability of Common Air Carriers

Common air carriers, including commercial airlines, are administered by different and more defined standards compared to private carriers. It is under the FAA's responsibility so a comprehensive understanding of the FAA's rules is needed to bring a successful claim against a common air carrier.

An airplane accident is an extremely dreadful experience and filing a claim is surely a difficult and complex process for anyone, especially for an injured victim. In this case, it is crucial for a victim to seek help from a professional attorney to get all the legal assistance he would need.