Pilot Error or System Failure? How to Investigate Aviation Accidents
Aviation accidents are thankfully rare, but when they occur, the consequences can be devastating. According to the NTSB, the primary goal when investigating aviation accidents is to improve public safety, not to assign blame. Understanding the causes of these incidents is crucial for preventing future tragedies and ensuring accountability. But how do investigators determine whether an accident was caused by pilot error or a system failure? What are the legal implications, and what recourse do victims and their families have?
The Complex Landscape of Aviation Accident Causes
Pinpointing the cause of an aviation accident is rarely straightforward. Many crashes result from a combination of factors, making the investigation process complex and multi-layered. Some common causes of airplane crashes include:
- Pilot error: This can include misjudgment, improper handling of the aircraft, lack of knowledge or training, fatigue, stress, or distractions. In 2020, the NTSB found that 69.1% of all general aviation accidents were caused by pilot error.
- Mechanical failures: These can involve defects or malfunctions in the aircraft’s components, such as engines, navigation systems, or landing gear. Engine failure is a common mechanical issue.
- Air traffic control negligence: This can involve providing incorrect instructions or failing to monitor the airspace properly.
- Adverse weather conditions: Rainstorms, snow, fog, high winds, and extreme temperatures can all pose significant risks to flight safety.
- Maintenance issues: Neglecting regular maintenance or performing improper repairs can lead to accidents.
- Runway incursions: These occur when an aircraft, vehicle, or person is on a runway without authorization, creating a collision hazard.
- System Malfunction: A system malfunction in the aircraft can cause the pilot to lose control.
Pilot Error: Human Factors in Aviation Accidents
Pilot error is often cited as a leading cause of aviation accidents. It’s essential to understand that “pilot error” encompasses a wide range of factors, including:
- Inadequate pre-flight preparation and planning: This includes failing to properly assess weather conditions, calculate fuel requirements, or inspect the aircraft.
- Failure to maintain flying speed: This can lead to stalls and loss of control, especially during takeoff and landing.
- Improper in-flight decisions: This can include deviating from air traffic control instructions, flying into adverse weather conditions, or mismanaging fuel.
- Navigational errors: This can involve getting off course, misreading instruments, or failing to properly use navigational aids.
- Fatigue and stress: These can impair a pilot’s judgment, reaction time, and ability to make sound decisions.
- Failure to follow checklists: Checklists are designed to ensure that pilots perform critical tasks and verify aircraft systems before and during flight. Skipping or skimming checklists can lead to missed problems and increased risk.
While pilot error is a significant factor, it’s crucial to consider the circumstances surrounding the pilot’s actions. Were they properly trained? Were they fatigued or stressed? Were they dealing with malfunctioning equipment or unexpected weather conditions?
System Failure: When Machines Let Us Down
System failures can range from engine malfunctions to defective parts to design flaws. Some examples of system failures that can cause aviation accidents include:
- Engine failure: This can result from a variety of factors, including manufacturing defects, improper maintenance, or fuel contamination.
- Flight control system malfunctions: These can affect the pilot’s ability to control the aircraft’s pitch, roll, and yaw.
- Hydraulic system failures: These can affect the operation of landing gear, brakes, and other critical systems.
- Navigation system errors: These can lead to the aircraft deviating from its intended course.
- Landing gear malfunctions: These can cause crashes during takeoff or landing.
When a system failure occurs, liability may rest with the aircraft manufacturer, the component part manufacturer, or the maintenance company responsible for inspecting and repairing the aircraft.
Investigating Aviation Accidents: A Thorough Process
Aviation accidents are typically investigated by the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA). The NTSB is an independent federal agency responsible for investigating civil aviation accidents and incidents in the United States. The FAA is responsible for regulating and overseeing all aspects of civil aviation.
The investigation process typically involves:
- Initial notification and decision to investigate: The NTSB is notified of an accident and decides whether to launch an investigation.
- On-site fact gathering: NTSB investigators travel to the accident site to collect data and information, including wreckage distribution, witness marks, and relevant components.
- Analysis of facts and determination of probable cause: NTSB specialists analyze the information gathered to piece together a sequence of events and determine what happened to cause the accident.
- Acceptance of a final report: The NTSB issues a final report that includes a description of the accident, a review of the investigative analysis, and a determination of probable cause.
- Safety recommendations: The NTSB may issue safety recommendations to prevent similar accidents in the future.
The NTSB uses a “party system” to delegate responsibilities during an investigation. Party status is limited to those persons, government agencies, and organizations whose employees, functions, activities, or products were involved in the accident.
Legal Options for Aviation Accident Victims
If you or a loved one has been involved in an aviation accident, it’s crucial to understand your legal rights and options. Potential liable parties include:
- Airlines: Airlines have a duty to keep passengers safe. Negligence in training, safety protocols, or maintenance can make them liable.
- Pilots and crew members: Human error is a leading cause of aviation incidents. Pilots or crew members who act negligently can be held responsible.
- Aircraft manufacturers: Defects in aircraft parts or design flaws may point to manufacturer liability under product liability laws.
- Maintenance companies: If a third-party company is responsible for maintaining the aircraft and fails to do so correctly, it can be held accountable.
- Air traffic controllers: Air traffic controllers can be held responsible if they fail to guide an aircraft properly.
Depending on the circumstances of the accident, victims may be entitled to compensation for:
- Medical expenses: This includes hospital bills, surgeries, rehabilitation, and medication.
- Lost wages: This includes time off work due to the injury, including future lost income if you’re unable to return to your job.
- Pain and suffering: This includes physical pain, mental anguish, and emotional distress caused by the incident.
- Disability or disfigurement: This includes permanent injuries that affect your appearance or ability to perform daily tasks.
- Funeral and burial costs: This applies in cases of fatal accidents.
- Loss of companionship and support: This also applies in cases of fatal accidents.
The Role of an Aviation Accident Attorney
Aviation accident cases often involve complex federal regulations, international treaties, and technical aspects that demand specialized legal knowledge. An experienced aviation accident attorney can:
- Investigate the accident: This includes gathering evidence, interviewing witnesses, and consulting with aviation experts.
- Identify liable parties: This includes determining all potentially responsible parties, such as the airline, aircraft manufacturer, maintenance company, and air traffic control.
- Calculate damages: This includes assessing all economic and non-economic losses resulting from the accident.
- Negotiate with insurers: This includes seeking fair compensation through negotiations with insurance companies and other liable parties.
- Represent you in court: If necessary, this includes filing a lawsuit and advocating for your rights in court to secure the compensation you deserve.
Seeking Justice and Accountability
Aviation accidents can have devastating consequences for victims and their families. By understanding the causes of these accidents, the investigation process, and the legal options available, you can take steps to seek justice and accountability. If you or a loved one has been involved in an aviation accident, it’s essential to consult with an experienced aviation accident attorney to protect your rights and pursue the compensation you deserve.