Aviation Accidents

Understanding the root causes of aviation accidents is crucial in seeking accountability and preventing future tragedies. The most common causes include:

• Pilot Error – whether due to loss of control, flying into terrain, or other factors, pilot error remains a leading cause of aviation accidents.
• Mechanical Defects – equipment and component failures can have catastrophic consequences, emphasizing the importance of rigorous maintenance.
• Air Traffic Controller Error – miscommunication or errors in air traffic control can lead to disastrous outcomes.
• Weather Conditions – poor weather or turbulence can challenge even the most experienced pilots.
• Human Error – from maintenance teams to flight crews, human error plays a significant role in many accidents.
• Abnormal Runway Contact – incorrect runway interactions can lead to accidents during takeoff or landing.

An aviation accident is defined as any incident associated with aircraft operation in which a person suffers death or serious injury, or in which the aircraft sustains substantial damage. Essentially, any crash, collision, forced landing, in-flight failure, or other incident involving an airplane or helicopter that leads to catastrophic consequences meets the criteria of an aviation accident. Specific aviation accident scenarios include:

• Airplane and helicopter crashes – complete loss of control leading to a crash and breakup into ground terrain, structures, or water. This can be due to icing, fuel exhaustion, system malfunctions, or pilot errors, and is often the most catastrophic type of aviation accident.
• Cabin fire/smoke – occurrence of fires or smoke inside the aircraft’s cabin. This is rare, but incredibly dangerous due to the contained space and can lead to death from severe burns or smoke inhalation.
• Forced or emergency landings – the pilot is able to land the aircraft, but substantial damage still occurs due to excessive speed, improper descent angle, or hard surface impact. Can result in major occupant injuries.
• Runway collisions – collision on the ground between two aircraft or between a plane and a ground vehicle. At high speeds these can be deadly.
• Structural failures – damage or separation of airplane or helicopter parts – like wings, stabilizers, rotors, and engines – mid-flight. This type of accident is more commonly associated with helicopters due to the interplay of multiple mechanical parts and typically results in a rapid loss of control.
• Hard landings – excessive vertical speed on landing, causing extensive frame and injury damage. More routine, but can be severe.
• Turbulence injuries – occupants thrown about violently in extreme turbulence leading to wounds like head strikes or broken bones.
• Mid-air collision – collision between two or more aircraft in flight. These accidents are most often deadly.
• Cockpit depressurization – loss of cabin pressure inside the cockpit.

Aviation accident claims are among the most intricate types of personal injury cases, requiring extensive knowledge of the laws and regulations that govern air travel. At Wettermark Keith, our attorneys have a deep understanding of aviation law, including the regulations enforced by the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB)—the two agencies responsible for ensuring air travel safety.

Key Aviation Safety Regulations

The FAA establishes and enforces safety protocols for flight operations, pilot conduct, aircraft maintenance, and air traffic control. Violating these regulations can lead to severe civil or criminal consequences. Meanwhile, the NTSB investigates aviation accidents, determines their causes, and recommends safety measures to prevent future tragedies.

All pilots, crew members, and aviation personnel must adhere to FAA regulations. When these rules are violated, and negligence leads to an accident, responsible parties can be held accountable. Some common regulatory violations include:

• Altitude Deviations – Pilots must maintain assigned altitudes within 300 feet; failure to do so can result in midair collisions or loss of control.
• Airspace Violations – Unauthorized entry into restricted zones, such as Temporary Flight Restriction (TFR) areas, can pose serious safety risks.
• Fuel Reserve Violations – Running out of fuel due to improper flight planning is a preventable and dangerous mistake that can have fatal consequences.
• Defective Aircraft Components – Faulty equipment, whether caused by manufacturer defects or negligent maintenance, can result in catastrophic failures.

Given the complexities of aviation accident claims—including dealing with federal agencies, airline companies, and insurance providers—having an experienced legal team on your side is essential. At Wettermark Keith, we are committed to guiding you through every stage of your case, ensuring that those responsible for your suffering are held accountable. If you or a loved one has been affected by an aviation accident, contact us today to fight for the justice and compensation you deserve.

Applying Aviation Law to Your Accident

Various state and federal laws apply when seeking compensation after an aviation accident. Key laws include:

• State Negligence Laws – these laws establish liability when someone’s negligent conduct causes injury or death to another. Negligence rules form the core legal basis for most injury and wrongful death claims stemming from aviation accidents.
• State Wrongful Death Statutes – these statutes provide the right for family members to pursue compensation when negligence leads to a wrongful death. Damages may include funeral costs, loss of companionship, and lost financial support.
• Federal Aviation Act – this act sets forth the duties and responsibilities of aircraft operators to ensure the highest level of care for passenger safety. Violations can help prove negligence.
• Federal Regulations – the FAA’s safety rules govern pilot training, aircraft maintenance, air traffic control protocols, manufacturing standards and more.

Aviation law in the U.S. balances the goal of compensating victims fairly when negligence occurs with protecting the industry from unreasonable claims. An experienced aviation attorney knows how to effectively maneuver within state and federal aviation laws to maximize your recovery.

Determining Liability for an Aircraft Injury

Pursuing legal action in the aftermath of an aircraft injury can be an uphill battle, especially when confronted with the vast resources and legal teams of airline companies. These cases rank among the most challenging to litigate, requiring an expert aviation accident lawyer with extensive knowledge of the industry’s laws and regulations. In the event you or a loved one has sustained injuries from an aviation accident, you may have grounds to initiate a legal claim against the responsible parties. While the specific circumstances surrounding your case will determine your course of action, the following entities may be held liable or legally responsible for your injuries:

• Pilot or Operator of the Aircraft – the individual responsible for piloting or operating the aircraft may bear liability if their actions, inaction, or poor decisions contributed to the accident.
• Owner of the Aircraft – in cases where the aircraft is privately owned – or owned by an airline – the owner or airline could potentially be held accountable for negligence or improper maintenance.
• Manufacturer of the Aircraft – aircraft manufacturers may face legal responsibility if design flaws, manufacturing defects, or faulty components played a role in the accident.
• Maintenance or Parts Suppliers – entities responsible for maintaining the aircraft or supplying parts may be liable if inadequate maintenance or defective components were contributing factors.
• Federal Government – in certain instances, the federal government may share responsibility, particularly if regulatory oversight or air traffic control issues are identified as contributing to the accident.

The fees charged by aviation accident attorneys can vary depending on the law firm and the specific details of your case. Our aviation accident attorneys work on a contingency fee basis, meaning they only get paid if you win your case, with no upfront or out-of-pocket fees.

The duration of an aviation accident case can vary significantly. Complex cases with multiple parties involved and extensive investigations may take several years to resolve. Simpler cases can be resolved more quickly, often within a year or two. The timeline depends on factors like the complexity of the case, the willingness of the parties to negotiate, and court schedules.

If your airplane accident was caused by pilot error, you likely have a valid legal claim. Pilot error typically involves negligence on the part of the pilot, such as failing to follow proper procedures or making careless mistakes that led to the accident. Our aviation accident attorneys can investigate the circumstances of your accident and determine if other factors, like maintenance issues or defective equipment, contributed to pilot error.

Signing a liability waiver before a flight does not necessarily prevent you from pursuing a legal claim in the event of an accident. The ability to enforce such waivers can vary by jurisdiction and the specific language of the waiver. An experienced aviation accident attorney can review the waiver and assess whether it may impact your case. In many instances, waivers may not absolve parties of liability for negligence or other misconduct.

Selecting the right airplane accident attorney is crucial. Look for attorneys with experience in aviation accident cases, a successful track record, and a deep understanding of aviation laws and regulations. Schedule consultations with potential attorneys to discuss your case and gauge their expertise and commitment. Choose an attorney who makes you feel confident in their ability to represent your interests effectively.

Yes, you can file a lawsuit against aircraft manufacturers if their products or components were a contributing factor in the airplane accident. Manufacturers may be held liable for design defects, manufacturing flaws, or inadequate warnings. Aviation accident attorneys can investigate the role of the aircraft and its components in the accident to determine if a lawsuit against the manufacturer is appropriate.

Airline negligence can play a significant role in airplane accidents. Negligence on the part of the airline may involve issues like inadequate maintenance, improper training of staff, or failure to adhere to safety protocols. If airline negligence is a contributing factor in the accident, it may be grounds for a legal claim against the airline.

Various types of airplane accidents can be legally pursued, including but not limited to mid-air collisions, runway incursions, engine failures, cabin fires, severe turbulence incidents, and structural failures. The viability of a legal claim depends on the specific circumstances of the accident and the parties involved.

Companies that own and operate aircraft are required by strict federal laws to keep their plane safe for their patrons. When these large aviation corporations cut corners on safety and maintenance, or employ workers who engage in negligent conduct, they can and should be held liable for the injuries and fatalities that their actions cause. The negligent conduct of a pilot, employee, or corporation can result in the sudden and catastrophic injury or death of passengers. If you’re currently dealing with a personal injury incurred from an airplane accident, you may be entitled to compensation for the following expenses or damages:

• Medical costs, including hospital bills, ambulance bills, and medication or other costs of treatment
• Loss of wages
• Loss of future wages
• Damages related to physical and mental trauma
• Loss of quality of life
• Wrongful death penalties

Aviation accidents are among the most deadly types of accidents – to receive the full compensation you deserve, you need an experienced lawyer on your side. If you or a loved one has been involved in an accident involving a plane or helicopter, Wettermark Keith is fully equipped to stand behind you.