Airline AccidentsLitigating Against Pilot Error in Small Plane Accidents

January 6, 20240

Small plane crashes due to pilot error lead to tragic and preventable deaths every year. When the negligence of a pilot results in injury or fatality to passengers, the passengers or their families have legal rights and options. An experienced aviation accident attorney can help navigate litigation to hold the pilot accountable and fight for maximum compensation.

How Serious are Small Plane Accidents?

While commercial airline accidents grab headlines, small private plane and charter crashes occur far more frequently in the US. Though less publicly spotlighted, such accidents lead to approximately 500 fatalities every year. The absence of flight data recorders on many small aircraft also contributes to the difficulty of determining causes compared to larger airline crashes. Yet the proportion of small plane accidents attributed to pilot error rather than mechanical failure is extremely high.

This speaks to the alarming frequency of inadequate pilot judgement, compromised decision making abilities, or undiscovered medical conditions posing dangers. The relative risk factors underscore why small plane crashes warrant equally grave concern and scrutiny as more prominent airliner accidents. With lower safety redundancies in place, a single poor pilot decision can rapidly lead to catastrophe.

The Challenges of Litigating Pilot Error

Litigating against pilot error brings unique challenges. The defense may argue that flying itself inherently carries risks, or that the accident was unavoidable due to weather or mechanical issues. The plaintiff’s attorney must thus build a strong case proving that pilot negligence directly caused the crash. This requires an in-depth investigation into the pilot’s training and credentials, conduct before and during the flight, the aircraft’s maintenance history, weather and environmental factors, and crash details. Aviation law experts, professional investigators, and expert witnesses are invaluable for developing evidence and testimony to undermine the defense.

Establishing Liability

To prove liability, the plaintiff must show that the pilot owed a duty of care to passengers, which they breached through reckless operation of the aircraft. Common pilot errors include:

  • Loss of control due to poor training or judgement
  • Failure to properly conduct pre-flight safety checks
  • Flying into forecasted poor weather
  • Operating the aircraft while fatigued, intoxicated, or otherwise impaired

The error may involve breaching Federal Aviation Administration (FAA) safety regulations. Violating these established standards helps substantiate negligence.

Damages

If liability is determined, calculating damages is highly complex. An aviation attorney thoroughly assesses how the income loss, grief, pain and suffering, and other hardships should translate into fair compensation for each claimant. This is a meticulous process accounting for both tangible and intangible damages across present and future years. Securing appropriate damages relies on skillfully evidencing both economic and non-economic losses in a compelling manner.

Why a Lawyer is Essential

Aviation law intricacies, dealing with insurance companies, determining liability, calculating nuanced damages, and proving losses all underscore why retaining an experienced attorney like us is vital following a small aircraft crash. Our personal injury lawyers with aviation litigation expertise know how to handle the intricacies at each phase for the strongest case possible. They have the right resources and knowledge to demonstrate that the crash arose from pilot error rather than unavoidable hazards of flying. This provides the greatest chance of a positive case outcome and fair restitution for losses suffered.

Have you been involved in an aviation accident caused by pilot error? If so, you need to speak to one of our experienced aviation accident attorneys. You can visit us at our office for a no obligation, free consultation.

Find us at 536 Pacific Avenue, San Francisco, CA 94133.

Call now for a free consultation on (415) 352-6264.