Aviation accident law applies to both large air carriers and general aviation occurrences. All non-commercial aircraft, which can include small planes, large business jets, charter flights, pleasure crafts, helicopters, and hang gliders, are classed as general aviation.
Let's discuss negligence, authorities, and damages that deal with plane crashes, as often handled by our prescreened California Personal Injury Attorneys.
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The most common causes of big carrier and general aviation accidents are as follows:
- Error of the pilot
- Defective aviation equipment
- The Federal Aviation Administration's regulations have been broken
- Problems with the plane's or equipment's structure or design
- Employees, personnel, and flight attendants were all careless
- Negligence on the part of federal air traffic controllers
- A third-negligence party's in carrier selection
The first stage in filing a claim after an airline accident is determining who is at fault (or many people). If you're not sure who the defendant in a plane crash is, contact a California Personal Injury Attorney for assistance.
Who's In Charge Of Aviation Issues?
The National Transportation Safety Board (NTSB) and the Federal Aircraft Administration (FAA) are two federal agencies that regulate air travel and investigate every commercial and private aviation accident in the US (FAA).
The FAA defines and enforces safety standards for pilots, flight operations, and aircraft manufacturers through civil and criminal penalties. The National Transportation Safety Board (NTSB) is responsible for investigating all civil aircraft accidents and making safety recommendations to avoid future catastrophes.
Personal Injury Claims in Aviation Accidents
If you and your California Personal Injury Attorney decide to bring a lawsuit after an airplane crash, the parties who may be found liable (legally responsible) vary depending on the reason for the crash. In some situations, an aircraft's owner and the operator may be held accountable; in others, manufacturers or maintenance providers may be held liable; and in yet others, the federal government may be held responsible for an aviation catastrophe.
Aviation law is complicated, and under state, federal, and international law, various theories of liability can be used. That said, there are a range of potential defendants to choose from and a variety of courts to have a trial in.
To hold someone liable for an aviation tragedy, the wounded person must establish that the person considered liable failed to meet an industry standard related to the operation of the aircraft, engineering, or special regulatory difficulties.
While each aviation disaster is different, claims for personal injury or death caused by an airplane accident are frequently regulated by the legal theories of negligence, product liability, or a combination of the two. Furthermore, because air travel is governed by two federal agencies, federal rules and regulations may affect a personal injury claim.
What Is Negligence In Plane Crashes and How Does It Affect You?
Negligence refers to failing to do (or not doing) something that a reasonable person in the same situation would do to safeguard others from foreseeable harm. Pilots, airline maintenance suppliers, and large carriers, for example, are all responsible for negligence claims in the event of an aircraft accident.
Product Liability
"Product liability" refers to the legal obligation imposed on manufacturers and marketers of defective items. For example, product liability may allow the creator or seller of a defective product to be held accountable if demonstrated that the defective product caused an aircraft accident.
Liability Of The Owner/Operator
Plane or aircraft owners and operators are held to high standards regarding the legal "duty of care" owed to others. If the owner's negligence or recklessness is demonstrated, the owner will be held liable for the losses suffered by injured parties, including passengers, on-the-ground workers, and even the pilot.
Even though the owner was not flying the plane at the time of the accident, they could be held liable under the vicarious liability doctrine. This method is similar to how, in some cases, employers may be held legally responsible for the actions of their employees.
Flights on Commercial Airlines
Commercial airlines are categorized as "common carriers" under the law because they advertise to the public that they are happy to convey to any customer who buys a ticket. As a result, common carriers are subjected to different (and often more stringent) standards than private carriers.
The FAA is the primary federal agency regulating air carriers, enforcing uniform standards and operating processes, and reviewing a carrier's internal standards. As a result, to successfully pursue an aviation accident claim against a common carrier, such as a commercial airline, you must first master the complex FAA laws and regulations.
Liability of the Manufacturer
An aircraft manufacturer can be found liable under the legal idea of "strict liability" if an accident victim can show that their injuries were caused by a flaw in the product (the aircraft) or a component element. However, it's important to remember that liability rules differ from state to state.
Comparative Fault
Both the pilot and the manufacturer can be held responsible for an aircraft disaster in many cases. However, this creates a legal issue known as "comparative blame," The judge or jury must determine the percentage of fault each defendant bears throughout the trial.
Only a few states prevent a pilot from suing a manufacturer for damages if the pilot's negligence contributed to the plane crash; most states use comparative fault to split the blame between the two parties.
What Can You Be Compensated For?
Common categories of recoverable damages in a personal injury lawsuit stemming from an aviation accident include:
- Medical treatment costs/expenses
- Lost income or wages
- Pain and suffering
- Damages caused by emotional distress
- Loss of consortium (usually reserved for married couples)
The types of damages that can be recovered and the proof required for each category will differ depending on the jurisdiction. In addition, many states also impose "caps" on certain types of damages, limiting the amount of money recovered.
An experienced California Personal Injury Lawyer can help you determine the proper jurisdiction for your case and present your damages effectively so that you are fairly compensated for your injuries.
Find A Prescreened California Personal Injury Lawyer Near Me
Contacting a legal team as soon as possible following a pool accident is the right thing to do. At 1000Attorneys.com, you can get referred to a fitting prescreened Personal Injury Lawyer in California.
You can get a free initial case by submitting case details through our form or our 24/7 Live Chat.
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