When you step onto a plane and set off, the last thing you want to face is an aviation accident. Although accidents involving planes are much less common than car accidents, there’s still a lot that can go wrong. Typically, when there’s an aviation accident, it means someone messed up at some point. If you were affected by an aviation accident, that means the law is on your side and you can claim for compensation – we tell you how below.
Aviation Accident Causes
Just like road collisions, aviation accidents, can be caused by a number of different factors including adverse weather. However, the most common causes include:
- Communication failures. Flight safety relies on tight communication between ground control and the pilot. If this line of communication drops or incorrect information is passed on, the consequences can be devastating.
- Negligent maintenance efforts. Aircraft owners are responsible for ensuring their planes are maintained to a high standard. Anything less than that can lead to an aviation “accident”.
- Design faults. Manufacturing errors can cause flight failures, which means the plane will crash to the ground.
- An error of the pilot. The pilot of a plane has the duty to operate the plane safely. If they fail in this mandate, they put all crew and passengers’ lives at risk.
Who Has Liability?
No matter what caused the crash, there will be someone along the line that can be held responsible. In some instances, there may be one or more parties have liability. For example, the pilot and ground control may both share liability. In other plane crashes, the manufacturers and the owner may be equally responsible. Here is a list of everyone that may be liable for the airplane crash:
- Operator/Owner. Reckless operation of a plane will mean that the owner can be held responsible. In some cases, a pilot will be vicariously liable, which means they’re liable because of the actions or processes of their employee.
- Common Carriers. The FAA is responsible for governing all commercial carriers, which are viewed as common public carriers. If a commercial airline breaches FAA standards, it would be held liable if a crash occurred.
- The Manufacturer. Pretty much every product on the planet is covered by strict liability, which means the manufacturer is at fault – and the aviation industry is no different.
What Are Your Legal Rights?
If you or a loved one has been involved in an aircraft accident, you have legal grounds for filing a suit for compensation, and to see those responsible accountable for their actions. However, navigating the legal landscape is almost as complex as flying an aircraft, which means having a reputable aviation lawyer on your side will be an enormous benefit. The type of claims you can make include:
- Negligence. When plaintiffs were owed a level of care by the defendant.
- Strict liability. Instances of product liability.
- Vicarious liability. Holding an employee accountable under the guise of their employer.
To get the ball rolling with your aviation accident claim, don’t hesitate to contact us for a free case evaluation.
Visit the office at 536 Pacific Avenue, San Francisco, CA 94133.
Call now for a free consultation on (415) 352-6264.