TWA Flight 800 Crash (1996): Understanding the Settlements for the Families of 230 Victims
The crash of TWA Flight 800 on July 17, 1996, remains a haunting tragedy in aviation history. The Boeing 747, en route to Paris from New York, exploded shortly after takeoff, claiming the lives of all 230 passengers and crew members on board. In the aftermath of this devastating event, the legal battles fought by the victims’ families to obtain fair compensation unveiled complex issues surrounding aviation disaster litigation, liability, and international treaties.
The Immediate Aftermath and Initial Compensation
In the immediate aftermath of the crash, families faced not only immense grief but also the daunting task of navigating the legal landscape to seek compensation for their losses. The 1929 Warsaw Convention, an international treaty governing air travel between international destinations, initially set a limit of $75,000 per victim for damages recoverable from the airline. This limit sparked outrage, as it was significantly lower than the average compensation awarded in domestic air crashes.
TWA offered an immediate payment of $75,000 to families experiencing economic hardship, advising them that the amount would be applied to any future legal settlements. However, the airline denied demanding a blanket release of responsibility before paying this initial sum.
Legal Battles and the Death on the High Seas Act (DOHSA)
The legal landscape became even more complicated due to the question of whether the crash occurred on the “high seas.” The Death on the High Seas Act (DOHSA) of 1920 would have severely limited the damages recoverable by the passengers’ estates and survivors if it applied.
- DOHSA Restrictions: If DOHSA applied, families could only recover damages for pecuniary losses, calculated from an estimate of future earnings and other financial factors. This would exclude compensation for non-economic damages such as loss of care, comfort, and companionship, as well as the pain and suffering endured by the victims.
- Territorial Waters: Lawyers for the families argued that because the crash occurred within 12 nautical miles from the shore of the United States, it was within U.S. territorial waters and therefore not subject to DOHSA. This argument was based on a 1988 presidential proclamation extending the territorial sea of the United States from three miles to 12 miles offshore.
In a significant victory for the families, the 2nd U.S. Circuit Court of Appeals ruled that the crash was not governed by DOHSA, paving the way for them to seek millions of dollars in damages for pain and suffering. This ruling meant that families would not be limited to damage awards of as little as $100,000 to $200,000.
Settlements with Boeing and TWA
As the legal proceedings unfolded, many families reached settlements with Boeing, the aircraft manufacturer, and TWA. While the details of most settlements remained confidential, some individual cases shed light on the potential compensation amounts.
- Individual Settlements: One law firm, Corboy & Demetrio, secured a $1.9 million settlement for the family of a 49-year-old passenger killed in the crash. Another law firm, Clifford Law Offices, settled a case for $4.7 million for a business consultant who was a passenger aboard the flight.
- Overall Impact: By October 1998, TWA and Boeing had reached settlements with families of 11 victims. In July 2001, it was reported that the families of 19 victims would each receive $2.5 million from Boeing and TWA under a settlement.
The Cause of the Crash and Lingering Conspiracy Theories
The official cause of the crash, determined by the National Transportation Safety Board (NTSB) after a four-year investigation, was an explosion of flammable fuel vapors in the center fuel tank, most likely caused by a short circuit. However, this conclusion has been disputed by some, leading to various conspiracy theories.
- NTSB Findings: The NTSB report cited problems with the aircraft’s wiring, including evidence of arcing in the fuel quantity indication system (FQIS) wiring that enters the tank.
- Alternative Theories: Conspiracy theories claim that the crash was due to a U.S. Navy missile test gone awry, a terrorist missile strike, or an on-board bomb. These theories persist despite the official findings and have been fueled by eyewitness accounts, radar data, and claims of evidence tampering.
The Aviation Disaster Family Assistance Act of 1996
The TWA Flight 800 tragedy, along with the ValuJet Flight 592 crash earlier in 1996, prompted Congress to pass the Aviation Disaster Family Assistance Act of 1996. This act aimed to improve the support and assistance provided to families of victims in the aftermath of air disasters.
- NTSB Responsibility: The act gives the NTSB the responsibility for coordinating services to the families of victims of fatal aircraft accidents in the United States, rather than the airline involved.
- Restrictions on Contact: It restricts lawyers and other parties from contacting family members within 30 days of the accident, providing families with a period of time to grieve and make informed decisions without undue pressure.
The Enduring Legacy of TWA Flight 800
The TWA Flight 800 crash had a profound impact on aviation safety, disaster response, and the legal rights of victims’ families. The legal battles fought by the families led to significant changes in how aviation disasters are handled and how victims are compensated.
- Modification of DOHSA: TWA Flight 800 ultimately caused Congress to modify the Death on the High Seas Act to provide for non-economic damages, ensuring that families could receive compensation for their emotional losses and suffering.
- Increased Focus on Family Assistance: The Aviation Disaster Family Assistance Act of 1996 established a framework for providing comprehensive support to families in the wake of aviation disasters, ensuring that they receive the assistance and resources they need.
The TWA Flight 800 International Memorial at Smith Point County Park serves as a permanent tribute to the 230 victims of the crash. The memorial includes landscaped grounds, flags from the 13 countries of the victims, and a curved black granite memorial with the names engraved on one side and an illustration on the other of a wave releasing 230 seagulls.