Small Plane Crash - Determining Causation and Liability

The Elements of Negligence in a Plane Crash

For a plaintiff to have a greater chance of pursuing a compensation claim, he or she will need to prove the four elements of negligence exist in the small plane crash. There is a standard duty of care owed to the passenger first, this is normal and should remain intact. However, when it is in breach it can lead to a possible valid claim. This breach must cause injury to the passenger through some form of damage incurred at the incident. This damage or injury must have a direct cause to the breach incurred by the pilot, manufacturer or the owner of the plane.

Connecting Liability to Causation

The pilot, owner or manufacturer may owe damages to the plaintiff in a valid claim for personal injury. The injured party will need the lawyer to prove that the cause of the breach to the owed duty of care that also caused the injury connects directly to one of these parties. This is through negligence, negligent actions or knowledge of some possible problem that was not given and which could have prevented the accident. This often stems from a defect, issue with the plane or some complications that someone knew of that also contributed to the crash.

The Effects of the Crash

Before it is possible to initiate a claim against the liable party, the victim needs to recover. The plane crash usually causes injury, death and property destruction at the same time. A single person can suffer a personal injury and the death of a loved one and also see his or her personal property destroyed in the crash. If this passenger survives, he or she will need to sue someone responsible to recover financially and to pay the medical bills it takes to become whole after the accident. This could lead to both a personal injury claim and a wrongful death claim if the accident is the result of negligence.

Who is to Blame for the Crash

To connect the causation of the injuries to the liability concerns raised by the crash, the legal professional hired for the case will need to discover who is to blame. The at-fault party is usually someone connected to the ownership, manufacture or maintenance of the plane. These factors lead the lawyer into an investigation of the incident which should yield results of who is to blame. By proving the existence of all the negligence elements, the lawyer can then connect causation to liability and pursue the claim against the at-fault party. With all the correct factors present, the plaintiff may see a successful outcome.

The Liability Investigation

When the lawyer hired for the case starts his or her investigation, he or she usually will uncover evidence that points to a certain party. This could expose problems with maintenance, repairs, the owner of the plane or a company involved in the matter. The lawyer will interview witnesses and anyone connected to the operation of the plane to determine who is responsible for the crash. The airline or small business often performs these same investigations, but the owner may not share the details garnered. Once the lawyer is aware of who is at fault, he or she may initiate contact or a lawsuit.

Settlements with Plane Crashes

No matter who is at fault for the crash, the lawyer usually will enter into settlement negotiations to attempt to resolve this legal issue without the lengthy time a lawsuits takes. This could lead to a discussion with an insurance carrier, talking with a business owner or mediating with the pilot. To quickly and quietly conclude the matter, the at-fault party may decide to offer a settlement and keep the issue from the press and other parties.

Legal Support for Causation and Liability in Plane Crashes

The lawyer will usually connect the cause of the crash and any negligence to a liable party that owes damages to the plaintiff. Then, the legal professional can pursue the matter either through a legal remedy process or litigation so that he or she can acquire as much compensation for the client as possible.

Provided by HG.org

Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case.

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