Coping After Aviation Accidents
Provided by HG.org
Traveling by air is still one of the safest forms of transportation. Although airplane crashes are extremely rare, they do still happen ocasionally. When a major airline disaster occurs, the federal government provides support services to the families of victims and to survivors.
Those families and survivors may also be able to bring various legal claims against the airline, aircraft and parts manufacturers, and others, depending on what caused the crash. Similarly, if an airplane accident happens in a smaller plane, a victim or survivor may have claims akin to those in an auto accident.
Determining the cause of an airplane crash (or a near-crash that causes injuries such as an emergency landing in freezing water) is often the key consideration in deciding which legal claims to bring and who to sue. Most airplane crashes are caused by pilot error, defective equipment, defective design or structural problems with the airplane, errors made by federal air traffic controllers, faulty maintenance or repair of the airplane, or fuel problems. Often more than one of these factors may have contributed. As a result, determining what caused an airplane crash can be extremely difficult, and is often undertaken by a number of federal agencies. If you are considering legal action, you may also wish to have your attorney investigate these agencies' findings, as well, to verify their accuracy. The types of claims you may bring in any legal action will depend largely on the cause of the accident.
Negligence. If the crash was due to pilot error or other human mistake, you may bring a negligence claim, alleging that you or your loved one was injured or killed as a direct result of the carelessness of the pilot, the air traffic controller, a mechanic who had serviced the plane, or another individual. In such a claim, you will need to show that whoever was responsible for the crash failed to use reasonable care to protect you or your loved one from injury. For example, if a mechanic was aware of a problem but cleared the plane for use resulting in a plane accident, you may have a claim for negligence.
Federal Tort Claims Act. If your accident was caused by a federal employee, such as a federal air traffic controller, you may have a claim under the Federal Tort Claims Act. The Federal Tort Claims Act sets forth special rules and procedures that must be followed when suing an employee of the federal government, so you will definitely want to speak to an attorney before undertaking any such claims.
Product liability claims. When defective equipment, faulty design, or structural problems are suspected as major factors in a plane crash, you can bring a product liability claim against the manufacturer or distributor of the aircraft of the faulty part. In many such product liability cases, the legal theory of "strict liability" applies, meaning that you would not have to prove that the manufacturer was negligent, only that the defect caused the injury or death.
Federal Assistance
The Aviation Disaster Family Assistance Act requires the federal government to provide support to families of victims in major airplane crashes or accidents, places certain duties on the airline, and limits attorney solicitation of airplane crash victims. Pursuant to the Aviation Disaster Family Assistance Act, the National Transportation Safety Board must designate an independent nonprofit organization to coordinate services for the disaster survivors and victims' families. These services include mental health and counseling services, providing a place for families to grieve without disruption by the press or attorneys, victim identification and forensic services, daily briefings to families of victims, communicating with foreign governments, and translation services.
The Act also places requirements on the airline involved in the accident to, among other things, establish a toll-free telephone line for families of victims, identify all passengers who boarded the flight, inform families of those passengers before the list is made public, inform families of the death of family members, and assist the families in traveling to the location of the accident.
Given the highly complicated nature of aviation accidents, your best option is to contact a local attorney experienced with these types of claims. The assistance of such an attorney could be truly invaluable at such a difficult time and be sure that you will be able to recover all the money to which you are entitled.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Determining the cause of an airplane crash (or a near-crash that causes injuries such as an emergency landing in freezing water) is often the key consideration in deciding which legal claims to bring and who to sue. Most airplane crashes are caused by pilot error, defective equipment, defective design or structural problems with the airplane, errors made by federal air traffic controllers, faulty maintenance or repair of the airplane, or fuel problems. Often more than one of these factors may have contributed. As a result, determining what caused an airplane crash can be extremely difficult, and is often undertaken by a number of federal agencies. If you are considering legal action, you may also wish to have your attorney investigate these agencies' findings, as well, to verify their accuracy. The types of claims you may bring in any legal action will depend largely on the cause of the accident.
Negligence. If the crash was due to pilot error or other human mistake, you may bring a negligence claim, alleging that you or your loved one was injured or killed as a direct result of the carelessness of the pilot, the air traffic controller, a mechanic who had serviced the plane, or another individual. In such a claim, you will need to show that whoever was responsible for the crash failed to use reasonable care to protect you or your loved one from injury. For example, if a mechanic was aware of a problem but cleared the plane for use resulting in a plane accident, you may have a claim for negligence.
Federal Tort Claims Act. If your accident was caused by a federal employee, such as a federal air traffic controller, you may have a claim under the Federal Tort Claims Act. The Federal Tort Claims Act sets forth special rules and procedures that must be followed when suing an employee of the federal government, so you will definitely want to speak to an attorney before undertaking any such claims.
Product liability claims. When defective equipment, faulty design, or structural problems are suspected as major factors in a plane crash, you can bring a product liability claim against the manufacturer or distributor of the aircraft of the faulty part. In many such product liability cases, the legal theory of "strict liability" applies, meaning that you would not have to prove that the manufacturer was negligent, only that the defect caused the injury or death.
Federal Assistance
The Aviation Disaster Family Assistance Act requires the federal government to provide support to families of victims in major airplane crashes or accidents, places certain duties on the airline, and limits attorney solicitation of airplane crash victims. Pursuant to the Aviation Disaster Family Assistance Act, the National Transportation Safety Board must designate an independent nonprofit organization to coordinate services for the disaster survivors and victims' families. These services include mental health and counseling services, providing a place for families to grieve without disruption by the press or attorneys, victim identification and forensic services, daily briefings to families of victims, communicating with foreign governments, and translation services.
The Act also places requirements on the airline involved in the accident to, among other things, establish a toll-free telephone line for families of victims, identify all passengers who boarded the flight, inform families of those passengers before the list is made public, inform families of the death of family members, and assist the families in traveling to the location of the accident.
Given the highly complicated nature of aviation accidents, your best option is to contact a local attorney experienced with these types of claims. The assistance of such an attorney could be truly invaluable at such a difficult time and be sure that you will be able to recover all the money to which you are entitled.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
