Aviation Accident Attorneys

Important Factors in Aviation Accidents

As you might imagine, aviation accidents can be much more complicated than other types of personal injury cases. Depending on where the accident occurred, it may be under the auspices of multiple jurisdictions. These are some of the factors that K&P considers when reviewing an aviation accident case.

Establishing Liability in an Aviation Accident

As is the case with other personal injury accidents, attorneys must be able to prove that the four elements of liability exist:

1. Duty of Care – The owners and operators of aircraft have a legal duty of care when it comes to passengers, crew, other aircraft, and the persons and property on the ground. That means that they must operate and maintain their aircraft in a safe manner that complies with the law. It also means that the aircraft is properly maintained in accordance with legal requirements.
2. Breach of Duty – Your aviation accident attorney must be able to demonstrate a breach of their duty of care in order to have a case. Here are a few examples of a breach of duty:
   • The pilot operates the aircraft in an unsafe manner.
   • The pilot fails to follow the instructions of air traffic control or the ground crew.
   • The owner of the aircraft fails to maintain the safety equipment.
   • The crew failed to ensure that items in overhead containers were stowed properly.
3. Causation – Attorneys must be able to prove that the accident was caused or partially caused by the defendant. There are different principles of law that determine what percentage of an accident must be attributed to the defendant for the plaintiff to recover damages. For example, if you were involved in a Florida aviation accident — one involving a Florida plane that occurred in Florida airspace — and you were partially responsible, you would have to demonstrate that your liability was less than 50% to receive any compensation. The rules are different in other jurisdictions.
4. Damages – In order to receive compensation, you have to show that you sustained damages. Economic damages cover your financial expenses, while non-economic damages attempt to compensate you for your pain and suffering.

Aviation Accident Investigations

In the United States, the National Transportation and Safety Board (NTSB) is primarily responsible for the investigation. Their mission is to improve safety standards to prevent future accidents. For many types of investigations, the Federal Aviation Administration will also participate. They’re responsible for breaches of regulations with regard to compliance and the fitness of the aircraft to operate. Local and state authorities may also conduct investigations and generate independent reports.

The findings of these various agencies can carry significant weight in a civil case for damages. K&P can hire expert witnesses to review the findings of the investigatory bodies and present them in court while offering an opinion about liability.

Steps to Get Started with Your Aviation Accident Case

At the Accident Scene

• Get to Safety – If you’re on a flight, it’s important to follow the safety instructions of the flight crew. This may mean returning to your seat and securing your seatbelt, exiting the plane through an emergency exit, etc.
• Seek Medical Attention – Something seemingly small, like a bump on the head, could be a much more serious injury. Allow medical personnel to examine you.
• Report the Incident – If you’ve sustained an in-flight injury that the crew may not be aware of, make certain that you report it.
• Take Pictures of Videos – Take pictures or a video from a position of safety if you’re able to. Make sure to include images of your injuries, the aircraft interior, damage to the exterior, etc. This may be invaluable evidence to support your case.
• Get Contact Info From Witnesses – If someone in your aisle saw a piece of luggage fall on you or experienced the same turbulence that caused your injury, we will want to depose them. Try to get the names and contact info of any witnesses.

After the Accident

• Seek Medical Attention – If you don’t require emergency services immediately, follow up with your doctor. This will help establish a baseline for your injuries.
• Contact Our Office – It’s important that you obtain representation as soon as possible. Insurance companies know that if they can get you to settle immediately after an accident, it will cost them less. Consequently, an adjuster will contact you in a few days to assess your injuries. However, if you accept payment, they’ll require you to sign a waiver of liability, which will negate your ability to seek additional damages.

About Kanner & Pintaluga

Our Background

Kanner & Pintaluga was formed in 2003 by Howard Kanner and Eric Pintaluga with the mission of protecting the rights of personal injury and property damage victims. Today, dozens of partners and veteran attorneys comprise our practice. We have the resources, talent, and decades of experience to take on even the largest companies.

Benefits of Choosing an Experienced Aviation Accident Law Firm

Experience

If your injuries were caused by an aviation accident, it’s important to work with a team that has experience in this specific area of the law. Most personal injury law firms focus on auto accidents and slip-and-fall cases. They may be unfamiliar with FAA regulations, international law, and other factors that can affect your case.

Resources

Kanner & Pintaluga is a large law firm with extensive resources. We have the flexibility to involve multiple staff members to work on cases. While you will have a designated attorney assigned to your case, they will be able to draw on the massive resources of our firm to bring your case to a successful conclusion.

Proven Reliability

K&P has demonstrated our ability to garner large settlements and court awards for our clients for over two decades. While no two aviation accident cases are identical, we have developed effective strategies to win for our clients.

Aviation Accident Verdicts by the Numbers

These are some of the verdicts that we typically see with high-profile airline crashes:

• USAir Flight 427 Crash (1994) – This involved a Boeing 737 crash near Pittsburgh, PA, that resulted in 132 deaths. The NTSB determined that a rudder malfunction caused the accident. The total payout to settle all cases was approximately $1.25 billion.
• Swissair Flight 111 Crash (1998) – This crash caused 229 deaths. It occurred off the coast of Nova Scotia, Canada. Faulty wiring was attributed to the fire that caused the crash. Settlement amounts are unknown.
• East River Helicopter Crash (2011) – This New York City helicopter crash was attributed to pilot error, resulting in three deaths. Settlement details were not made public.
• Asiana Airlines Flight 214 Crash (2013) – A Boeing 777 crash-landed at San Francisco International Airport, injuring most passengers and killing three. The investigation determined pilot error as the cause. While the amount of the total settlements is unknown, Asiana Airlines initially offered $10,000 to each of the passengers.
• Lion Air Flight 610 Crash (2018) – A Boeing 737 MAX jet crashed into the Java Sea after taking off from Jakarta, Indonesia, which killed all 189 people on board. An investigation uncovered many issues with the MCAS system. Boeing settled for $2.5 billion with the U.S. Department of Justice related to fraud conspiracy charges.
• New York City Helicopter Crash (2018) – Like the 2011 crash, this Liberty Helicopter crash involved a passenger’s safety harness catching on the fuel shutoff lever, which led to engine failure. All five passengers were killed. Settlement details are not available.
• Ethiopian Airlines Flight 302 Crash (2019) – This was the second in the pair of crashes attributed to the 737 MAX MCAS system. It killed 157 passengers. Boeing offered $1.4 million per victim, but some families pursued additional damages.

U.S. Air Carrier Safety Data

The following table shows comprehensive data with regard to aircraft accidents, injuries, and fatalities in the U.S.