Pilot Error or Negligence? Proving Liability in Aviation Accident Lawsuits

The dream of flight can quickly turn into a nightmare when accidents occur. While relatively rare, aviation accidents often result in severe injuries or fatalities. According to the National Transportation Safety Board (NTSB), pilot error is a contributing factor in many aviation accidents. In 2020, pilot error accounted for 69.1% of all general aviation accidents. When an aviation accident occurs, determining the cause and who is liable is crucial for victims and their families seeking justice and compensation. This blog post will delve into the complexities of proving liability in aviation accident lawsuits, focusing on pilot error and negligence.

Understanding Pilot Error and Negligence

Pilot error, in aviation terms, refers to any action or inaction by the pilot that contributes to an accident. This can include mistakes in decision-making, failure to follow procedures, or poor handling of the aircraft. Negligence, on the other hand, is a legal term that describes a failure to exercise the level of care that a reasonably prudent person would exercise under similar circumstances. In aviation accident lawsuits, proving pilot negligence requires demonstrating that the pilot’s actions fell below the expected standard of care and directly caused the accident.

Common Causes of Pilot Error

Pilot error can stem from various factors, including:

Inadequate Training: Insufficient training or lack of experience can lead to errors in judgment and aircraft handling. Young pilots are particularly at risk from deficiencies in their training.
Fatigue: Flying requires concentration and sound judgment. Fatigue impairs cognitive function and increases the likelihood of errors.
Stress: High-pressure situations and demanding workloads can lead to poor decision-making.
Poor Decision Making: Pilots must make quick decisions based on information from instruments, crew members, and air traffic control. Errors in this process can have serious consequences.
Failure to Complete Preflight Checklists: Written checklists provide a standard procedure for inspecting the aircraft before takeoff. Skipping or neglecting these checks can lead to overlooked mechanical issues.
Intoxication: Flying under the influence of alcohol or drugs is strictly prohibited and significantly increases the risk of accidents. FAA regulations state that airline pilots must avoid drinking alcohol a minimum of 8 hours before flying.
Deviations from Flight Envelope: Pushing an aircraft past its limits carries a high likelihood of a stall.

Proving Pilot Negligence in Aviation Accident Lawsuits

Proving pilot negligence in an aviation accident lawsuit can be challenging, requiring a thorough investigation and expert testimony. Here are key steps involved in establishing liability:

Establishing the Standard of Care: The first step is to define the standard of care expected of a pilot in the given situation. This standard is based on the training, experience, and regulations governing pilots. For commercial pilots, the standard of care is generally higher due to their extensive training and experience. For private pilots, the standard may be less stringent but still requires operating the aircraft with reasonable care.
Demonstrating a Breach of Duty: Next, it must be shown that the pilot breached their duty of care by failing to act as a reasonably prudent pilot would have under similar circumstances. This can involve presenting evidence of violations of FAA regulations, errors in judgment, or deviations from standard operating procedures.
Establishing Causation: A critical element is proving that the pilot’s negligence directly caused the accident and the resulting injuries or damages. This requires demonstrating a clear link between the pilot’s actions and the crash.
Expert Testimony: Aviation accident cases often rely heavily on expert testimony from aviation safety experts, accident reconstruction specialists, and other professionals. These experts can analyze flight data, weather conditions, and other factors to determine the cause of the accident and whether the pilot’s actions contributed to it.

Who Can Be Held Liable?

In aviation accident lawsuits involving pilot error, several parties may be held liable, depending on the circumstances:

The Pilot: If the pilot’s negligence or error contributed to the accident, they can be held accountable for damages.
The Airline/Operator: Airlines and aircraft operators are responsible for ensuring that their pilots are properly trained, their planes are well-maintained, and safety protocols are strictly followed. If the airline’s negligence contributed to the accident, they can be held liable.
The Owner of the Plane: If the owner of the plane differs from the operator, they may be liable for an accident if they had some degree of control over the maintenance and operation of the aircraft.
Maintenance Providers: If improper maintenance contributed to the accident, the company performing the work may be held liable for failing to meet industry standards.
Air Traffic Controllers: Air traffic controllers can be held responsible if they fail to guide an aircraft properly.
Aircraft Manufacturers: If the accident was caused by a defect in the aircraft or any of its components, the manufacturer of the aircraft could be liable.

Challenges in Proving Liability

Aviation accident litigation presents unique challenges due to the complexity of aircraft mechanics, multiple parties involved, and strict regulatory frameworks. Some specific challenges include:

Spoliation of Evidence: It is critical that the injured party or the families of the decedents receive an independent, in-depth investigation to identify the root cause of the crash and provide a detailed analysis of the wreckage.
Proving Negligence: Unlike car accident cases, aviation crashes require deep forensic analysis to indicate the exact cause precisely. Lawyers must collaborate with aviation safety experts to reconstruct flight paths, assess potential mechanical failures, and analyze pilot behavior.
Federal Tort Claims Act (FTCA): The FTCA offers avenues for suing the government but shields federal agencies from specific lawsuits. Any case involving ATC errors or FAA oversight failures must navigate through immunity defenses, making litigation even more difficult.
General Aviation Revitalization Act (GARA): This federal statute limits liability for aircraft and part manufacturers on equipment older than 18 years. Therefore, victims of crashes involving older aircraft may experience challenges when pursuing claims, even if a defective component was at fault.
Pilot Insurance: Victims face a difficult problem because pilots are not required to carry aviation liability insurance making them effectively “judgement-proof,” and those that do usually carry only a \$100,000 per seat policy.

Damages Recoverable in Aviation Accident Lawsuits

Victims of aviation accidents or their surviving family members can pursue several types of damages to compensate for their losses, including:

Medical Expenses: Compensation for past, present, and future medical treatment, rehabilitation, and therapy.
Lost Wages: Recovery of lost income and reduced earning capacity due to injuries.
Property Damage: Compensation for damaged or destroyed personal belongings.
Pain and Suffering: Compensation for physical pain and emotional distress.
Wrongful Death Damages: In cases of fatal accidents, families can file a wrongful death claim to recover compensation for funeral and burial costs, loss of financial support, and loss of companionship.

Seeking Legal Assistance

Aviation accident lawsuits are complex and require the expertise of experienced aviation accident attorneys. These attorneys can conduct thorough investigations, gather evidence, and work with experts to build a strong case and pursue maximum compensation for their clients. If you or a loved one has been involved in an aviation accident, it is crucial to seek legal assistance as soon as possible to protect your rights and navigate the complexities of aviation law.

Conclusion

Pilot error and negligence are significant factors in aviation accidents, leading to devastating consequences for victims and their families. Proving liability in these cases requires a comprehensive understanding of aviation regulations, accident investigation techniques, and legal principles. By working with experienced aviation accident attorneys, victims can pursue justice and compensation from all responsible parties, ensuring a path toward recovery and a more secure future.