On January 29, while many of us were sleeping, one of the most tragic aviation disasters occurred in recent U.S. history. An American Airlines regional jet, operated by PSA Airlines, collided with a U.S. Army black helicopter over the Potomac River near Ronald Reagan Washington National Airport.
The passenger aircraft, carrying 64 people, was attempting to land when it struck the helicopter, which was carrying three soldiers. Tragically, no one survived. The victims including 14 U.S. figure skaters and Russian world champions Evgenia Shishkova and Vadim Naumov.
Aviation accidents are rare, but when they do happen, they have catastrophic consequences for victims and their families. Whether it’s a small private plane or a commercial aircraft, the devastation of a crash often leaves survivors with crippling injuries or families mourning the loss of loved ones.
If you or someone you love has been seriously injured or killed in an aviation accident, it’s imperative to contact an experienced plane crash attorney as soon as possible. Aviation accident cases are complex, involving federal regulations, multiple parties, and extensive evidence, making experienced legal representation essential.
In this article, our Texas plane crash attorneys explain the causes of plane crashes, who can be held liable, and what victims should do to seek justice and compensation when tragedy strikes.
Types of Aviation Accidents
Not all aviation accidents are the same, and the type of crash can affect the legal claims and parties involved. Here are the most common types of aviation accidents:
- Â Commercial Airplane Crashes
These involve large passenger jets and often make headlines due to the high number of passengers involved. While rare, these accidents are usually devastating when they occur. - Private or Charter Plane Crashes
Private aircraft have higher accident rates compared to commercial flights due to less stringent regulations and varying pilot experience levels. - Helicopter Accidents
Helicopter crashes typically involve sight-seeing tours, medical evacuations, or private operations. These accidents can be the result of poor weather conditions, equipment failure, or pilot error. - Airport Ground Accidents
Not all aviation accidents happen mid-air. Mishaps during takeoff, landing, or ground handling can also lead to injuries or damage.
Causes of Plane Accidents
Understanding the causes of plane accidents is indeed crucial for improving aviation safety and determining liability. Let’s delve deeper into these common causes:
- Pilot Error: Pilot error is the most common cause of aviation accidents.These errors can include:
– Misjudging weather conditions
– Misreading instruments
– Failing to follow proper procedures
– Poor decision-making during critical phases of flight - Air Traffic Control Errors: Mistakes made by air traffic controllers can lead to dangerous situations, such as:
– Miscommunication with pilots
– Improper instructions
– Failure to maintain safe separation between aircraft - Maintenance Errors: Improper or inadequate maintenance can contribute to accidents. This includes:
– Oversight during routine inspections
– Faulty procedures
– Inadequate record-keeping - Mechanical Failures: Despite rigorous maintenance schedules, mechanical failures still occur and can lead to catastrophic consequences. Common issues include:
– Engine malfunctions
– Structural problems
– Landing gear failures
– Avionics malfunctions - Weather Conditions: Adverse weather remains a significant challenge in aviation and pilots and air traffic controllers must work together to navigate these challenging conditions safely. Weather-related risks include:
– Thunderstorms and severe turbulence
– Icing conditions
– Strong winds
– Low visibility due to fog or precipitation - Pilot Fatigue and Impairment: Fatigue is a critical human factor that can significantly impair a pilot’s performance:
– Long working hours and inadequate rest between flights can lead to decreased alertness and slower reaction times
– Stress and other psychological factors can also contribute to impaired judgment
– Substance use, while strictly prohibited, remains a concern in some cases. - Bird Strikes: Although less common than other causes, bird strikes pose a real threat to aviation safety. They can cause significant damage to engines, windshields, and other aircraft parts
- Other Factors: Additional causes of aviation accidents include:
– Runway incursions: Unauthorized entry of aircraft, vehicles, or individuals onto active runways
– Sabotage or terrorism: While rare, these intentional acts can result in catastrophic incidents
– Technological failures: Issues with flight management systems or software bugs can contribute to accidents
Understanding these causes helps the aviation industry continually improve safety measures, enhance training programs, and develop advanced technologies to mitigate risks. It’s important to note that many aviation accidents result from a combination of factors rather than a single cause, highlighting the complex nature of air safety.
Common Aviation Accident Injuries
Plane crashes often lead to severe injuries, many of which are life-altering. These include:
- Burn Injuries from fuel fires or explosions after a crash.
- Spinal Cord Injuries that may lead to long-term paralysis.
- Traumatic Brain Injuries (TBIs) causing cognitive or physical impairments.
- Broken Bones and fractures due to the high-impact collision.
- Internal Organ Damage from the physical trauma of the crash.
- Psychological Trauma including post-traumatic stress disorder (PTSD), anxiety, and depression.
The recovery process for survivors of plane crashes is often complex and multifaceted, involving not only physical rehabilitation but also psychological support and financial assistance. Many survivors face long-term challenges in returning to their pre-accident lives, and some may require lifelong care and support. The emotional and financial toll on victims and their families can be substantial, often necessitating legal action to secure adequate compensation for medical expenses, lost wages, and pain and suffering.
Wrongful Death Claims in Plane Crashes
Tragically, many aviation accidents result in fatalities, leaving families devastated and searching for answers. When a loved one is lost in a plane crash, surviving family members may have legal recourse through a wrongful death claim. This type of personal injury lawsuit allows families to seek compensation for the immense emotional and financial burdens caused by the untimely loss of a loved one. A Texas plane crash attorney can help families navigate the legal complexities of a wrongful death claim, ensuring they pursue maximum compensation for damages such as:
- Funeral and Burial Expenses: The high costs associated with laying a loved one to rest.
- Loss of Income and Financial Support: Compensation for wages and benefits the deceased would have provided.
- Loss of Companionship and Emotional Suffering: The profound emotional toll on surviving spouses, children, and other dependents.
- Medical Expenses Prior to Death: If the victim survived the crash but later succumbed to injuries, the family may recover medical costs.
- Pain and Suffering of the Deceased: In some cases, families may seek compensation for the pain their loved one endured before passing.
Wrongful death claims in aviation cases are often highly complex due to federal aviation laws, multiple liable parties, and intricate accident investigations. Liability may fall on airlines, aircraft manufacturers, maintenance providers, or even air traffic controllers, depending on the circumstances of the crash. An experienced Texas plane crash attorney will conduct a thorough investigation, work with aviation experts, and fight aggressively to hold negligent parties accountable. If you have lost a loved one in a plane crash, it is crucial to take legal action as soon as possible to preserve evidence and protect your rights.
Who Investigates Plane Crashes?
Aviation accidents fall under federal jurisdiction and are regulated by authorities like the Federal Aviation Administration (FAA) and National Transportation Safety Board (NTSB). These organizations play a key role in accident investigations and often determine the root cause. Investigators will examine:
- Flight data recorders and cockpit voice recorders
- Air traffic control communications
- Weather conditions
- Pilot experience and training records
- Maintenance records for the aircraft
It’s important to note that determining the exact cause of plane crashes often takes months or even years of thorough investigation. Having an experienced plane crash attorney who understands the intricacies aviation accidents can be critical to your case.
What is the Aviation Disaster Family Assistance Act?
This U.S. federal law ensures that support services are provided to families affected by airline accidents. It mandates that airlines and government agencies offer timely updates, facilitate recovery efforts, and assist families during this incredibly difficult time. Here are the key provisions of the Aviation Disaster Family Assistance Act:
- Airline Responsibilities:
– Notify families promptly about the accident
– Establish a toll-free number for information
– Provide transportation and accommodations to the accident site
– Consult families about remains, personal effects, and memorials - NTSB Responsibilities:
– Designate a director of family support services
– Coordinate with an independent nonprofit organization for emotional support
– Facilitate recovery and identification of victims
– Provide regular briefings to families about the investigation - Family Support Services:
– Offer mental health and counseling services
– Provide a private environment for families to grieve
– Protect families from unwanted solicitations or media intrusion
Who Can Be Held Liable for a Plane Crash?
Determining liability in a plane crash case is one of the most complex aspects of aviation litigation. Aviation law intertwines federal regulations, industry standards, and personal injury law, making these cases legally challenging and requiring extensive investigation. Liability may involve multiple parties, from pilots to manufacturers, each potentially playing a role in the accident. Plane crash lawsuits often name multiple defendants, depending on the circumstances of the accident. Potentially liable parties include:
- Airline Companies – Responsible for pilot training, aircraft maintenance, and operational safety. If an airline fails to uphold proper safety procedures or hires underqualified personnel, it may be held accountable.
- Aircraft Manufacturers – If a defective part or equipment failure—such as a faulty engine, avionics software malfunction, or structural flaw—contributed to the crash, the manufacturer may be liable under product liability laws.
- Airport Operators – Responsible for runway safety, fueling protocols, and security measures. If an accident occurs due to unsafe airport conditions or ground crew negligence, liability may extend to the airport authority.
- Government Agencies – Federal agencies like the Federal Aviation Administration (FAA) and air traffic control personnel play critical roles in aviation safety. If negligence by air traffic controllers or failure to enforce safety regulations contributed to the crash, the government may be partially liable
- Pilots and Crew – If pilot error, impairment, or failure to follow flight procedures contributed to the crash, the pilot or airline employing them may bear legal responsibility.
- Maintenance Providers – Many airlines and private aircraft owners outsource maintenance to third-party companies. If an aircraft crash resulted from improper repairs or overlooked mechanical issues, the maintenance team may be held accountable.
Plane crash liability lawsuits often involve multiple defendants – from the pilot to the airline companies. An experienced plane crash attorney will thoroughly investigate the accident to identify all responsible parties and hold them accountable.
Jurisdiction for Aviation Accidents
Filing a personal injury claim for an aviation accident in the U.S. can be complex due to the multiple jurisdictions that may be involved. Here are the key points regarding jurisdiction for aviation accident claims:
Federal Court Jurisdiction
Federal courts have jurisdiction over many aviation accident cases, especially those involving:
- International flights (governed by treaties like the Montreal Convention)
- Major airline disasters (under the 2002 Multiparty, Multiforum Trial Jurisdiction Act)
- Federal question issues (e.g., cases involving FAA regulations)
State Court Jurisdiction
State courts can have jurisdiction over aviation accident cases, particularly those involving:
- General aviation accidents (private planes, small aircraft)
- Accidents occurring within state boundaries
Factors Affecting Jurisdiction
Several factors can influence where a claim can be filed including:
- Location of the accident
- Residence of the parties involved (plaintiffs and defendants)
- Place of business for the airline or manufacturer
- Where the aircraft departed from or was destined for
Multiple Venue Options
In many cases, plaintiffs may have the option to file in multiple jurisdictions such as:
- The state where the accident occurred
- The state where the defendant airline or manufacturer is headquartered
- The state where the flight originated or was scheduled to land
Strategic Considerations
Experienced aviation attorneys often consider filing in the jurisdiction that:
- Has the most favorable laws for the plaintiff
- Allows for the highest potential compensation
- Has judges and juries sympathetic to aviation accident cases
It’s crucial to consult with an experienced aviation accident attorney to determine the most appropriate jurisdiction for a filing a claim, as the choice can significantly impact the case’s outcome and potential compensation.
What is the Statute of Limitations for Aviation Accident Claims?
In most cases, the statute of limitations for aviation accident claims is two years from the date of the accident. This applies to cases involving product liability or negligence claims against most states or the federal government. However, there are several factors can influence the statute of limitations:
- Type of Flight: For international flights governed by the Montreal Convention, the statute of limitations is strictly two years from the date of the aircraft’s arrival (or expected arrival) at the destination.
- Jurisdiction: The time limit can vary depending on the state where the accident occurred and the applicable laws.
- Type of Claim: Different types of claims may have different deadlines. For example, cases against California governmental entities require filing a special claim form within 6 months of the accident.
- Defendant: Claims against the federal government, such as those involving air traffic control errors, must go through a Federal Tort Claims Act process within two years.
- Discovery Rule: In some cases, the statute of limitations may begin when the injury is discovered or reasonably should have been discovered, rather than the date of the accident.
- Minors: If the victim was a minor at the time of the accident, the statute of limitations may be extended. In Texas, for example, a minor has until age 20 to file a lawsuit.
- Mental Incompetence: If the injured person is of “unsound mind,” the statute of limitations may be extended.
It’s crucial to consult with an experienced aviation accident attorney as soon as possible after an accident to ensure compliance with the applicable statute of limitations. Failing to file within the required timeframe can result in the loss of your right to seek compensation.
Types of Compensation for Plane Crash Victims
Compensation for plane crash accidents can be categorized into three main types: economic damages, non-economic damages, and punitive damages. Here’s a breakdown of each type:
Economic Damages
- Medical expenses (current and future)
- Lost wages and loss of earning capacity
- Rehabilitation costs
- Property damage or loss
- Funeral and burial expenses (in fatal cases)
- Travel expenses related to medical treatment
- Home or vehicle modifications for disability accommodation
- Loss of benefits (e.g., health insurance, pension contributions)
Non-Economic Damages
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of consortium or companionship
- Disfigurement and scarring
- Permanent disability or impairment
- Loss of reputation
- Loss of parental guidance (in cases involving the death of a parent)
Punitive Damages
- Awarded in cases of gross negligence or intentional misconduct
- Designed to punish the wrongdoer and deter similar behavior
- Not available in all jurisdictions or cases
- Often subject to caps or limitations
- May be significantly higher than compensatory damages in some cases
- Typically awarded only when the defendant’s conduct is found to be particularly egregious
It’s important to note that the availability and extent of these damages can vary depending on the jurisdiction, applicable laws, and specific circumstances of the accident. In cases involving international flights, compensation may be limited by treaties such as the Montreal Convention.
How a Plane Crash Attorney Can Help
Facing the aftermath of a plane crash can be overwhelming, but you don’t have to do it alone. An experience plane crash attorney can provide crucial assistance to victims in several ways:
Investigation and Evidence Gathering
- Conduct a thorough investigation of the accident, including possibly visiting the crash site and examining wreckage
- Review flight records, maintenance logs, and other relevant documentation
- Collaborate with aviation experts to analyze the cause of the accident
- Gather witness statements and other critical evidence
- Work closely with the FAA, NTSB, and other investigative agencies to access official reports and findings
Legal Representation and Procedures
- Handle all legal documentation, filings, and paperwork throughout the claims process
- File official accident reports with relevant authorities and insurance providers
- Communicate with aircraft manufacturers regarding potential defects
- Identify all potentially liable parties, which may include airlines, manufacturers, maintenance providers, or air traffic controllers
- Ensure compliance with statutes of limitations and other legal deadlines
Negotiation and Compensation
- Calculate the full value of the claim, including current and future medical expenses, lost wages, pain and suffering, and other damages
- Negotiate with insurance companies to secure fair compensation
- Prevent victims from accepting inadequate initial settlement offers
- If necessary, file a lawsuit and represent victims in court
Speak to a Plane Crash Attorney Today
A plane crash can shatter lives in an instant. If you or a loved one has been affected by an aviation accident, you need more than just legal representation—you need advocates who understand the complexities of aviation law and the profound impact these tragedies have on families. Don’t face this challenging time alone. Contact us for a free, no-obligation consultation. Your path to healing and fair compensation starts here. Don’t settle for less. Call (817) 203-2220 to schedule your consultation today.