Aviation Accidents - Overview
According to the Federal Aviation Administration (FAA), air travel is expected to double over the next 20 years. As air traffic increases, so does the risk that passengers will be involved in of an aviation accident. Generally, air traffic is considered to be a safe means of transportation, but when accidents do occur they often result in fatalities. Smaller, less serious accidents involving private aircraft are more frequent than people realize, because many of these incidents go unreported in the media.
Causes of Plane Crashes
Aviation accident law covers both major air carrier and general aviation accidents. General aviation includes all non-commercial aircraft including small planes, large business jets, charter flights, pleasure crafts, helicopters, and hang gliders. The most common causes of both major carrier and general aviation accidents include:
Pilot error Faulty equipment Federal Aviation Administration regulations violations Structural or design 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
Two federal agencies regulate air travel and investigate every aviation accident (both commercial and private) in the United States: The National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA). The FAA sets safety standards for pilot conduct, flight operations, and aircraft manufacturers, and enforces FAA regulations through civil penalties or criminal penalties. The NTSB is responsible for investigating every civil aircraft accident and recommends safety standards to prevent future accidents.
Personal Injury Claims for Aviation Accidents
Should you and your attorney decide to pursue a legal claim after an aviation accident, the potentially liable (legally responsible) parties can vary depending on the cause of the accident. The owner and operator of an aircraft certainly may be liable; manufacturers or maintenance suppliers may be liable in certain circumstances; even the federal government may bear some responsibility for an aircraft accident.
Aviation litigation is complex, and involves many potential theories of liability under state, federal, and international law. There are several potential defendants to choose from, and a number of different courts in which a trial may take place. In order to hold someone legally responsible for an aviation accident, the injured person (the "plaintiff") must prove that the person responsible (the "defendant") failed to meet an industry standard related to operation of the aircraft, engineering, or certain regulatory issues.
While the circumstances of each aviation accident are always different, generally claims for personal injury or death resulting from an aviation accident are controlled by the legal theories of negligence, product liability, or some combination of the two. Additionally, because air travel is regulated by two federal agencies, federal rules and regulations may impact a personal injury claim or the standards of care owed to the victim of an aviation accident.
Negligence is the legal term for the failure to do (or not do) something that a reasonable person would have done under the circumstances, in order to protect others from foreseeable risks of harm. Pilots, airline maintenance providers, and major airlines are among those subject to negligence claims when an aviation accident occurs.
Another legal doctrine known as "product liability" refers to the legal responsibility placed on manufacturers and sellers of defective products. If it can be proved that a defective product somehow contributed to an aviation accident, then product liability may allow recovery against the manufacturer or seller of the defective product. (Learn more about product liability in aviation accident cases by clicking on the link following this article)
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