People are flying now more than ever, and as air traffic increases, so does the risk of passengers being involved in an airplane accident. Whether it's due to engine failure, defective landing gear, or pilot/airline mistakes, aviation accidents- including those involving planes, helicopters, and other aircraft are likely to result in severe and far-reaching consequences when they do occur.
Between 2008 and 2024, there have only been two people killed as a result of an aviation accident involving a commercial airline occurring inside the United States. Miller Weisbrod Olesky was the law firm for BOTH of the families of the victims in these two aviation disasters.
These accidents, while rare, tend to lead to catastrophic injuries or fatalities. In the aftermath of an aviation accident, victims and their families are left not only grappling with emotional turmoil and profound mental anguish but also a complex web of legal issues. Determining the cause of the accident, identifying those responsible, and navigating the complexities of aviation law can be overwhelming.
Additionally, liability in aviation accidents can be challenging to establish, as multiple parties may be involved. If you were injured in an aviation accident or lost a loved one in a plane crash, an experienced aviation accident attorney can help you recover the compensation you need and deserve.
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At Miller Weisbrod Olesky, our EXPERIENCED aviation accident lawyers have years of experience helping individuals and their families who have experienced physical, financial, and emotional damages as a result of an airplane or aviation accident. Let us support you through this challenging time so you can focus on healing and moving forward.
What is an Aviation Accident?
According to Annex 13 of the Convention on International Civil Aviation, an aviation accident is defined as an event associated with the operation of an aircraft that occurs "between the time a person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which,"
In-flight death or injury of a person occurs as a result of being in the aircraft, direct contact with any part of the aircraft, or direct exposure to a jet blast.
The aircraft sustains significant damage or "structural failure" during flight, takeoff, landing, or taxing on the runway.
The aircraft goes missing or is completely inaccessible.
It is important to note that aviation accidents are not limited to just airplanes. Aviation accidents also include incidents involving other aircraft types, such as helicopters, gliders, ultra-lights, or even drones. With the right legal advocate by their side, victims of aviation accidents and their families can work toward securing the compensation they need for medical bills, lost wages, physical pain, and emotional suffering.
Types of Aviation Accidents in Texas
While advancements in aircraft safety features have made airplane accidents increasingly rare, they do still occur. Statistically, people are more likely to be involved in a car accident than in an accident on an airplane. Aviation accidents in Texas can involve a wide range of aircraft, including small private planes, helicopters, and commercial jets.
While commercial airline crashes tend to receive the most media attention due to their scale and visibility, accidents involving small single-engine planes, private jets, and helicopters are far more common. In 2020, of the 332 aviation-related fatalities, over 90% occurred due to general aviation accidents. In contrast, commercial airlines reported no fatalities that year.
Our dedicated aviation accident attorneys at Miller Weisbrod Olesky have extensive experience handling claims involving many types of aircraft accidents, including:
Commercial Airplane Accidents
Commercial airplane accidents typically lead to large-scale tragedies involving multiple defendants, including the National Transportation Safety Board (NTSB), independent investigators, commercial airline carriers, and aircraft manufacturers. Additionally, litigation in these cases is complex, often involving several layers of state, federal, and international law. For instance, international regulations may come into play if the accident occurs outside of the United States or if the flight crosses borders.
In these cases, international agreements like the Montreal Convention sets forth rules on the liability of aircraft carriers in cases of passenger injury, death, or damage during international travel. A thorough investigation typically involves an extensive review of flight data recorders (black boxes), cockpit voice recordings, aircraft maintenance history, and crew records to ascertain the causes of a commercial airplane accident.
The NTSB is tasked with overseeing these investigations in the U.S., and their findings play a crucial role in identifying preventable errors in the future. At Miller Weisbrod Olesky, our airplane crash attorneys understand how complicated these cases can be. We have successfully represented victims of commercial airline crashes and their families across the country. Let us leverage our in-depth knowledge of aviation law and our extensive network of experts to fight for justice on your behalf.
Private Plane Accidents
While commercial airline crashes often make headlines, private aircraft, particularly those with fewer than 30 passengers, experience significantly higher accident rates compared to major airlines. These smaller planes operate under a less rigorous set of federal safety regulations than larger planes, making them more vulnerable to mechanical issues, pilot errors, and other risks.
Private plane accidents often occur for the same reasons as larger crashes; however, smaller planes lack many of the redundancies that come into play in a commercial aviation accident. For example, commercial aircraft are equipped with multiple backup systems for essential functions like navigation, communication, and power. On the other hand, smaller private planes have fewer fail-safe mechanisms and rely more on the pilot's skill.
Additionally, unlike commercial pilots who accumulate thousands of hours in the cockpit, private plane operators often undergo limited training and have fewer hours in the cockpit. Smaller private plane crashes tend to result in higher survival rates compared to large commercial aviation accidents. However, smaller aircraft crashes are more frequent, often leading to severe injuries.
One of the most significant issues surrounding small plane accidents is that owners and pilots are only required to carry minimal insurance, typically around $100,000. This amount is usually insufficient to fully compensate accident victims for the injuries and damages sustained in these crashes. A plane crash accident attorney at Miller Weisbrod Olesky can help identify all possible sources of compensation, including pursuing claims against manufacturers for product defects.
Helicopter Accidents
Many high-profile individuals, such as athletes, musicians, and government officials, opt for a charter helicopter to avoid the typical inconveniences of modern travel. However, helicopter travel comes with a higher risk of accidents compared to commercial flights.
The unique design and operation of helicopters make them more vulnerable to adverse weather conditions and mechanical failures. Additionally, the complexity of helicopter systems makes them more prone to pilot error and equipment malfunctions. If you or a loved one have been involved in a helicopter crash, our experienced airplane accident lawyers are here to help.
We have a long history of successfully handling claims related to all types of aviation accidents and aircraft product liability cases. Learn how we can assist you in pursuing compensation for your losses if you or a loved one has been affected by an airplane crash by scheduling a complimentary case review.
Airplane Accident Statistics
The following statistics provide a closer look at the risks involved in commercial and general airplane crashes.
According to data from the International Air Transport Association (IATA), 53% of aviation accidents between 2005 and 2023 occurred during the landing phase, while 8.5% occurred during takeoff.
Around 60% of fuel-related accidents result from poor planning or in-flight decision-making.
Mechanical failure and poor weather conditions cause most commercial aviation accidents, while pilot error is the leading cause of general aviation crashes.
All 16 fatal aviation accidents in Texas in 2021 involved small planes, with most cases involving one or two fatalities.
Mechanical issues are responsible for 21% of all airplane crashes.
Airplanes are safer than cars and trucks in terms of distance traveled, but per journey, planes are three times more likely to be involved in an accident.
Despite these risks, ongoing advancements in technology and improvements in safety protocols continue to contribute to safer air travel. Additionally, stricter maintenance standards and regulatory changes have further minimized the risks associated with human error and mechanical failures.
Together, these efforts have led to increased reliability in aircraft performance, plot training, and improved overall safety standards.
What Causes Airplane Accidents?
The Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB) are the federal agencies in charge of regulating air travel and investigating commercial and general aviation accidents. The FAA sets safety standards for pilot conduct, flight operations, and aircraft manufacturers. It is also responsible for enforcing these standards through civil or criminal penalties.
Some examples of FAA regulation violations include using the wrong runway or failing to carry adequate fuel reserves. When these violations occur, they are often seen as indicators of negligence, either on the part of the pilot, air traffic controller, or other parties who violated FAA regulations. The NTSB is tasked with investigating and determining the cause of every civil accident that occurs in the U.S. and recommending safety measures designed to prevent future accidents.
Determining the cause of aviation accidents is often a complex process that requires thorough investigation and detailed research. After an accident, flight track data, air traffic control transcripts, and sometimes aircraft record in-flight data are recovered to help investigators piece together the events leading to the crash.
Some of the most common causes of aviation accidents include:
Defective Components
Defective components are a major factor in numerous aviation accidents, as even a single malfunctioning part can result in a devastating crash. Various aircraft systems may be affected by a defect, including the engine, fuel system, landing gear, instruments, wings, and even the body of the aircraft. Airplane accidents resulting from defective equipment can be traced back to design, manufacturing, or maintenance errors.
One well-known example of a defective component contributing to an aviation disaster is the crash of United Airlines Flight 232. The aircraft, a McDonnell Douglas DC-10, experienced a catastrophic failure in its tail engine due to a microscopic manufacturing flaw in the engine's fan disk. The fan disk fractured during flight, leading to the complete loss of hydraulic systems.
Despite the crew's best efforts to steer the aircraft using the limited manual throttle control of the engine, the plane crash-landed at Sioux Gateway Airport in Iowa. If an accident occurs and it is determined that a faulty component played a role, the manufacturer or designer of the defective equipment could be held responsible.
Aircraft Maintenance Negligence
Aircraft maintenance negligence has become an increasing concern in the aviation industry. With more and more airlines opting to outsource maintenance and inspections as a cost-cutting measure, there is often less oversight. When airlines contract maintenance work to third-party vendors who may not be subject to the same rigorous oversight as in-house teams, it may result in delayed repairs or incomplete checks that could jeopardize flight safety.
The Alaska Airlines Flight 261 crash off the coast of California serves as a grim reminder of the consequences of neglecting aircraft maintenance. The NTSB attributed the crash, which claimed the lives of all 88 passengers on board, to "maintenance failure." The investigation revealed that the airline failed to adequately maintain the aircraft's horizontal stabilizer, which ultimately led to the crash.
Proper aircraft maintenance involves a complex set of procedures, checklists, and compliance with FARs. However, due to time constraints, insufficient training, or financial pressures, maintenance protocols can sometimes be overlooked or improperly followed. Post-accident inspections are crucial to understanding if those responsible for inspecting and maintaining the aircraft are liable for an aviation crash.
Mechanical Failure
Despite aircraft being subject to stringent inspections, maintenance, and repair services, mechanical failures remain a leading cause of aviation accidents, second only to pilot errors. Defective aircraft design, improper maintenance, or installation of a mechanical part are all common causes of mechanical failure.
Every component must be in good working order for an aircraft to be deemed airworthy. If mechanical failure is determined to be the cause of an accident, the manufacturer of the aircraft or its parts could be held liable. However, if improper maintenance or repairs contributed to the failure, the aircraft's owner or operator could also be held accountable.
The 2009 Continental Airlines Flight 1404 crash is a notable example of the potential dangers associated with mechanical failures. During takeoff from Denver International Airport, the Boeing 737 experienced a sudden loss of control, veering off the runway and catching fire. Fortunately, all 115 passengers and crew members survived the accident.
An investigation by the NTSB revealed that the crash was caused by a design flaw that caused the rudder control valve to malfunction during takeoff. This component is crucial for steering the aircraft during flight. The investigation also found that the manufacturer of the valve had been aware of the defect prior to the crash but did not take adequate measures to address it in time.
Airplane Design Defects
Even when a pilot performs flawlessly, the maintenance crew pays close attention to every detail, and the aircraft is constructed to the highest quality standards, a single faulty design in a critical component can still result in a tragedy. A design defect arises when an aircraft or one of its components is manufactured correctly, but the design itself makes the product unreasonably dangerous. From engines and wings to propellers and cockpit instrumentation, aircraft designs vary widely in their components, and if any of these parts are not properly designed, the potential for failure increases.
Unlike manufacturing defects, which may affect only a few units, a design defect typically impacts an entire product line. One example of a design defect is the Boeing 737 MAX. According to a congressional report, the flawed design of the Maneuvering Characteristics Augmentation System (MCAS) led to the tragic crashes of Lion Air Flight 610 and Ethiopian Airlines Flight 302. The MCAS, which was designed to help stabilize the aircraft during certain flight conditions, malfunctioned due to faulty sensor data, causing the plane to nosedive.
On average, aircraft are replaced every 22.8 years to ensure they are equipped with the latest safety equipment. Before an aircraft design is put into production, it must undergo extensive testing to ensure it can safely operate under a wide range of conditions. This includes withstanding turbulence, severe weather, and the numerous challenges that arise during air travel. Cutting corners in the testing phase, whether due to cost-saving measures or time constraints, can increase the risk of serious malfunctions going undetected.
April 17, 2018
Miller Weisbrod Olesky also represented a passenger that came to the rescue of the victim pulling her back into the airplane and performing CPR on her until the plane was able to complete an emergency landing. Miller Weisbrod Olesky was able to secure a confidential settlement for the first responder and his family for the Post-Traumatic Stress disorder they endured as a result of this experience.
Pilot Error
Human error, such as engaging in improper maneuvers or misreading equipment, is one of the most common causes of aviation accidents. A single lapse in judgment can lead to disastrous outcomes. For example, a pilot may misinterpret an altitude reading, causing the aircraft to fly at an unsafe height. This could lead to a collision with terrain, another aircraft, or an obstacle. Communication errors also play a large role in pilot error. Misunderstanding or failing to correctly relay information to air traffic control can result in a midair collision or deviation from the assigned flight path.
Other common examples of pilot error include:
Making navigation mistakes
Failing to monitor critical flight parameters such as speed, altitude, and fuel levels
Neglecting to follow safety checklists and procedures
Private and commercial pilots must adhere to strict regulations that dictate pre-flight checks, takeoff and landing procedures, speed controls, and the safe operation of the aircraft. These regulations exist to minimize the risks associated with flying. Even a minor oversight or deviation from the procedure can endanger the pilot, passengers, and people on the ground.
While some of these errors may be unintentional, a pilot can still be held liable if their actions are deemed negligent or in violation of government-imposed safety regulations. For example, commercial pilots must comply with regulations that limit the number of hours they can fly to mitigate the risk of fatigue.
Fatigue can impair a pilot's judgment, slow reaction times, and increase the chances of an accident. If a pilot who had been scheduled for multiple back-to-back flights became fatigued and caused an accident, they could be held liable for failing to provide mandate rest periods between flights.
Crew Member Mistakes
Mistakes made by crew members, including flight attendants and ground staff, can contribute to airplane accidents in various ways. For example, if flight attendants fail to properly secure cabin luggage, it can lead to dangerous situations like items becoming airborne during turbulence or an emergency, causing injuries to passengers. In a 1993 case involving a Chinese Eastern Airlines flight to Los Angeles, a co-pilot mistakenly bumped into an exposed lever while flying over Alaska.
This caused the nose of the plane to pitch straight down, sending unbuckled passengers crashing into the ceiling. Several passengers suffered severe neck injuries, and some tragically lost their lives. Maintaining flight safety is a shared responsibility that extends well beyond the flight crew. Fuel handlers, for instance, must ensure that the aircraft is properly fueled to meet the demands of its flight. Improper fueling can lead to in-flight emergencies and even engine failure, putting passengers and crew at risk.
Additionally, ground crew members responsible for directing planes on runways must ensure the runway is free of any obstacles and maintain clear communication with pilots. Failure to do so can cause a serious accident, such as an aircraft colliding with an object on the runway, like a stray baggage cart. Such incidents can cause significant damage to the aircraft and put the lives of all onboard at risk.
Air Traffic Control Error
The primary role of air traffic controllers is to ensure safe and efficient flight operations by maintaining appropriate distances between aircraft, managing takeoffs and landings, and coordinating flights to prevent collisions. To achieve this, air traffic controllers must constantly monitor radar displays, and weather conditions, and communicate effectively with pilots.
As they manage multiple aircraft simultaneously, air traffic controllers must quickly assess factors like air traffic volume and aircraft capabilities to make informed decisions. Failure to adhere to proper air traffic control procedures can lead to fatal aviation accidents. Miscommunication with air traffic control is often cited as a leading cause of airplane crashes.
Some other common errors made by air traffic controllers include:
Working while fatigued or under the influence of drugs or alcohol.
Allowing two or more planes to fly too closely to one another.
Directing too many planes to a single runway.
Misinterpreting radar data.
When an accident results from poor air traffic management, determining liability can be complex as there are multiple potentially liable parties that may have contributed to the incident. For example, the airline operating the flight could share responsibility for an accident caused by poor air traffic management if its plots failed to follow proper communication protocols with air traffic control. Ultimately, establishing liability in these cases will require a thorough investigation into the series of events leading to the accident.
Runway Incidents
Runway-related aviation accidents can occur in several ways, such as incursions, overruns, and undershoots. A runway incursion occurs when an unauthorized aircraft, vehicle, or person is on the runway, heightening the risk of an accident. On the other hand, runway overruns and undershoots happen when a plane fails to stop before the runway ends or does not reach the runway at all. These incidents are often caused by inadequate braking, poor runway conditions, or pilot error.
Both commercial airlines and smaller personal planes rely on properly constructed and maintained runways to ensure safe takeoffs and landings. Neglecting the upkeep of these runways can lead to serious safety risks, such as the development of potholes, cracks, or debris that could damage the aircraft and compromise its structural integrity. Regular inspections, timely repairs, and proper construction are necessary to reduce the risk of runway-related accidents.
October 17, 2019
PenAir Flight 3296, an Alaskan Airlines flight operated by the Ravn Group overshot the runway during landing at Dutch Harbor Alaska. The Saab 2000 impacted rocks just past the runway breaking the propeller blades. One of the blades impacted the fuselage causing fatal blunt force injuries to one of the passengers. Firm attorneys Clay Miller and Josh Birmingham are currently representing the family of this victim.
Bird Strikes
Most aviation accidents involving birds occur when they hit the windscreen or are sucked into the aircraft engine, causing mechanical problems. Bird strikes can happen during takeoff, flight, or landing, and the term includes strikes by other creatures like bats and even ground animals.
Common bird strike scenarios have involved multiple birds damaging several engines on a craft, encounters with flocks of birds, and single large birds penetrating the windshield or plane panels. Most airports manage habitat and deterrents, and air traffic control may advise pilots of possible bird activity.
Acts of God
Airplane accidents can sometimes be caused by what are referred to as "Acts of God," such as birds in the flight path or unpredictable weather conditions. When birds or other wildlife, such as bats, collide with an aircraft, it can result in engine malfunctions, compromised flight systems, or structural damage to the aircraft. Airports typically implement wildlife management strategies to reduce the risk of bird strikes.
However, the unpredictable nature of wildlife makes it challenging to eliminate this hazard completely. Similarly, unpredictable weather conditions can contribute to aviation accidents. Weather-related hazards, such as ice storms and lighting, often emerge suddenly, making it difficult for pilots and air traffic controllers to prepare in advance. Pilots must remain vigilant and make real-time decisions to mitigate risks when conditions are too hazardous.
Additionally, airlines must ensure their aircraft are properly equipped with safety systems designed to cope with adverse weather, such as de-icing equipment, wind-shear detectors, and enhanced radar systems for visibility. If accidents occur due to the failure of airlines or pilots to take appropriate precautions, accident victims may pursue legal action against the airline for damages related to injuries sustained during the incident.
While technological advancements and stringent regulatory oversight by the FAA and NTSB have significantly improved air travel safety, risks remain. The aviation industry can continue to work toward minimizing these risks by improving pilot training programs and implementing more rigorous maintenance and inspection protocols.
Common Types of Airplane Accident Injuries
Due to the violent nature of aviation accidents, survival rates are unfortunately low for those involved. For those who do survive, the injuries they often sustain are typically severe. Survivors of plane crashes are frequently left dealing with devastating injuries, such as traumatic brain injuries (TBIs), spinal cord injuries, paralysis, and third-degree burns.
In some cases, an aircraft doesn't even have to crash for occupants to sustain serious injuries. For instance, in cases of extreme turbulences or a sudden emergency landing, passengers may suffer brain injuries, broken bones, and trauma to the soft tissues of the neck and back.
In the event of a crash, our airplane accident attorneys help clients receive compensation for the following types of injuries:
Traumatic Brain Injuries (TBIs)
Blunt force trauma during a crash or impact with objects like windows, overhead compartments, or falling luggage can lead to result in traumatic brain injuries. These injuries often require extensive medical treatment and rehabilitation, with some cases leading to long-term effects such as cognitive impairments, memory loss, difficulty concentrating, and personality changes. In severe cases, TBIs may cause permanent disability and affect the victim's ability to return to work or live independently.
Spinal Cord Injuries
The sudden and extreme forces experienced during a plane crash can lead to severe spinal cord injuries (SCI), potentially resulting in partial or complete paralysis. These injuries can impair a person's ability to move or feel sensations in certain areas of their body.
In addition to paralysis, victims may suffer from a range of complications, including chronic pain, bladder and bowel dysfunction, and difficulties with respiratory function. Recovery from SCIs can be a lengthy process, often requiring extensive rehabilitation and physical therapy. Furthermore, the costs associated with ongoing medical treatment, rehabilitation, and assistive devices, such as wheelchairs, can add up quickly.
Burns
Airplane accidents often lead to fires triggered by the intense friction from the aircraft's brakes or the highly flammable nature of aviation fuel. These fires can result in serious burn injuries, ranging from superficial first-degree burns to more debilitating third-degree burns. To address the physical damage, victims may require skin grafts or extensive reconstructive and cosmetic surgeries.
The physical scars left behind by severe burns can be emotionally traumatic, causing victims to experience a profound impact on their self-esteem and mental health. In addition to cosmetic concerns, burn injuries can result in long-term pain and a complicated recovery process. Victims may face prolonged hospital stays, rehabilitation, and ongoing medical treatments to manage the risk of infection.
Broken Bones and Fractures
Broken bones or fractures that result from forcible impacts, such as airplane crashes, are extremely painful. These injuries can affect various parts of the body, including the arms, legs, ribs, and spine. Even after bones have healed, they may never fully regain their original strength.
For some victims, chronic pain and reduced range of motion can persist long after the bones have mended. In more serious cases, victims may require multiple surgeries, including the insertion of metal plates, rods, or screws to stabilize the bones and promote healing. Factors like the height from which the plane descends and the aircraft's speed at the time of impact can significantly influence the severity and extent of broken bones and fractures suffered in an accident.
Amputation Injuries
Amputation injuries are among the most severe and life-altering consequences of airplane accidents. The violent forces experienced during an airplane crash, such as sudden deceleration, impact with debris, or fires, can lead to the loss of limbs or parts of limbs. In many cases, these injuries occur when passengers are trapped in wreckage or exposed to high levels of trauma.
For victims who sustain amputation injuries, the journey toward recovery is often long and complex. Surgical intervention is frequently required to remove damaged tissues and stop the spread of infection. Post-operative care may involve physical therapy and the fitting of a prosthetic to help the patient recover functionality and adapt to life with the injury.
If you or a loved one has been injured in an aviation accident, you may be entitled to receive compensation for the physical pain, emotional suffering, and financial hardship you've endured following such a traumatic event. With the help of an experienced attorney, you can seek justice and hold those responsible accountable for their actions. Schedule a free case review with one of our airplane accident lawyers to learn more about how we can assist you in pursuing your claim.
Determining Liability After a Plane Crash
Once the cause of an aviation accident has been established, the next step is determining who is liable for the injuries and damages. As airplane design, manufacturing, and operation involve many complex factors, determining liability can be challenging and often requires extensive investigation.
Additionally, in some cases, liability may be shared among multiple parties. For instance, if a mechanical failure occurs due to a defective part and the pilot fails to follow established safety protocols before flying, the manufacturer and the airline may share responsibility.
Potentially liable parties that may be held accountable in an aviation accident include:
The Pilot: Examples of pilot negligence that commonly lead to accidents include failure to conduct proper pre-flight checks, deviation from the assigned flight path, and miscommunication with air traffic control. Contributing factors to pilot negligence include fatigue from long hours, lack of experience or training, and weather misjudgments, such as underestimating turbulence or failing to adjust the flight path in response to changing conditions. If it is found that the pilot's actions (or inactions) directly contributed to an accident, the pilot and their employer (such as the airline) could face legal action.
The Airline: If a pilot's negligence directly results in an accident, airlines may be liable under the principle of vicarious liability. For example, an airline may be found responsible for an accident caused by a pilot they hired who lacked proper qualifications or training. As common carriers, airlines are legally required to take extra precautions to ensure passenger safety.
This includes the thorough vetting and training of pilots, regular maintenance and safety checks of the aircraft, and strict adherence to operational protocols. Any deviation from these responsibilities- such as poor maintenance practices, operational oversights, or insufficient training of crew members- can lead to severe accidents, injuries, and fatalities.
The Owner of the Aircraft: Aircraft owners, whether individual or commercial entities, can be held liable for accidents if they fail to properly maintain the aircraft, adhere to safety standards, neglect to repair known defects, or hire unqualified pilots. Owners may be held liable under the theory of respondeat superior for the negligent actions of their employees.
For example, if a maintenance worker fails to repair a critical defect in the aircraft, the owner can be found responsible for any resulting accident and damages that occur. Additionally, if the aircraft owner neglects to provide a pilot with adequate training, they can also be held liable if the pilot's negligence leads to a crash.
Manufacturer of the Aircraft: The manufacturer of an aircraft or its parts is legally obligated to ensure that their planes and all components are free from defects that could pose a danger to passengers. If a defect in the aircraft's design, materials, or production leads to an accident, the manufacturer can be held liable for any resulting injuries or damages.
These cases fall under the product liability tort of personal injury law, which holds manufacturers accountable for injuries caused by faulty products. Furthermore, if the manufacturer was aware of the defect but failed to recall the product or provide adequate warnings, they may face additional penalties for failing to protect the safety of passengers.
Federal Government: Air traffic controllers, who are employed by the federal government, are responsible for guiding pilots through international airspace and making sure each aircraft follows its designated route without interference. If an air traffic controller fails to provide correct instructions or overlooks critical details, it can lead to serious accidents.
Such errors may include failing to inform plots of nearby aircraft, neglecting to issue warnings about hazardous weather conditions, or providing incorrect flight path instructions. In these situations, the Federal Aviation Administration (FAA), which oversees air traffic control operations, may be held liable for the negligence of its employees.
Depending on the specific circumstances of an accident, multiple entities such as the airline, aircraft manufacturer, or maintenance worker may share responsibility for a plane crash. Each party has distinct roles and responsibilities that, when neglected, can contribute to the occurrence of an aviation disaster. An experienced airplane accident attorney can conduct a thorough investigation to identify all potentially liable parties and gather the necessary evidence to build a strong case on your behalf.
Proving Negligence in Aviation Accidents
Like doctors and lawyers, airlines such as United, American Airlines, Southwest, Delta, and other major carriers are held to a heightened standard of care. These airlines are required to take all reasonable precautions to prevent accidents and injuries during every phase of the flight, from pre-flight preparations to landing. Although non-commercial flights, including private aircraft, are subject to different laws, the pilots and mechanics involved still have a duty to exercise ordinary and reasonable care in the operation and maintenance of the plane.
To establish negligence in an aviation accident case, the injured party (plaintiff) must demonstrate the following key elements:
Duty of Care: The defendant (at-fault party) owed the plaintiff a duty of care
Breach of Duty: The defendant breached that duty by failing to take reasonable care in some way
Causation: The defendant's breach of duty was directly responsible for the accident and any resulting harm
Damages: The accident caused the plaintiff to suffer physical injuries and other damages such as medical expenses, lost wages, or emotional distress
In cases where a defective airplane part causes an aviation accident, the injured party is not required to prove that the manufacturer was negligent. Under product liability law, the plaintiff only needs to demonstrate that the part was defectively designed, manufactured, or lacked proper warnings and that this defect directly caused the accident and the resulting damages.
If the plaintiff can establish these elements of negligence, they may successfully hold the responsible parties accountable for their injuries and losses through an airplane accident claim. Compensation in these cases can encompass various types of damages, such as medical expenses and lost wages, and non-economic damages, like pain and suffering.
Damages That Can Be Recovered in an Airplane Accident
Aviation accidents often lead to serious, life-altering injuries, with long-term medical needs and significant physical, emotional, and financial challenges. Airlines around the world are required to carry mandatory insurance coverage to compensate victims for damages caused by airplane accidents. If you or a loved one has been injured in an aviation accident, you may be entitled to two main categories of damages: economic and non-economic.
Economic damages refer to the direct financial losses incurred as a result of an airplane crash. Economic Damages include:
Medical Bills (past and future expenses)
Lost wages
Physical therapy and rehabilitation expenses
Reduced earning capacity
Home health aides and nursing care costs
Property damage (electronics, luggage, other belongings)
Medical equipment or assistive devices expenses (wheelchairs, prosthetics, hearing aids, etc.)
Home or vehicle modification costs
Other out-of-pocket expenses
Non-economic damages are intended to compensate victims for the intangible losses they've experienced after an accident. These damages acknowledge the emotional and psychological toll caused by a plane crash and the lasting effects these traumatic events can have on a person's ability to enjoy life. Non-economic damages may include:
Physical pain and suffering
Diminished quality of life
Physical impairment and disability
Loss of consortium
Emotional distress and mental anguish
Scarring and disfigurement
Loss of enjoyment of life
If a loved one has died as a result of an aviation accident, family members, including a surviving spouse, biological or adopted children, or the parents of the deceased, have the legal right to pursue a wrongful death claim. After an aviation accident, the following types of damages may be sought in a wrongful death claim.
Loss of companionship and emotional support
Funeral and burial costs
Loss of household services
Physical pain or emotional distress experienced by the deceased before their death
Loss of financial support the deceased would have provided to their family
In some cases, punitive damages are awarded in cases where the defendant's conduct is considered grossly negligent or intentional. These damages are intended to punish the defendant for their egregious behavior and discourage similar acts in the future. A skilled aviation lawyer can help by thoroughly investigating the details of your case and advocating on your behalf to ensure all avenues for compensation are explored.
Statute of Limitations for Aviation Accidents in Texas
Texas Civil Practice and Remedies Code Section 16.003
In Texas, the statute of limitations- the time frame in which you can file a lawsuit after an airplane accident- is generally two years from the date of the accident. This means that if you've been injured or have lost a loved one in an aviation accident, you typically have two years to initiate a personal injury or wrongful death claim. Don’t, risk forfeiting your legal rights by waiting too long. Contact an aviation accident lawyer who can ensure you don't miss any critical deadlines.
How an Airplane Accident Lawyer Can Help?
The aftermath of an aviation accident can be overwhelming, both emotionally and financially. If you or an airplane accident lawyer loved one has been affected by a plane crash, working with an experienced airplane accident lawyer can make all the difference in securing the compensation you deserve. Your attorney can assist in investigating the accident, gathering crucial evidence, consulting with experts, and building a strong case on your behalf.
Our lawyers work on a contingency fee basis, meaning you don't pay any upfront legal fees or costs unless/until we secure a favorable outcome in your case. Contact us today to schedule your free consultation and take the first step toward securing justice and rebuilding your life.
