Military Aviation Accidents: Understanding Your Rights and Filing a Claim

Military aviation is inherently dangerous. The aircraft are complex, the missions are demanding, and the environment is often unforgiving. While the military takes extensive precautions to ensure the safety of its personnel, accidents, unfortunately, do happen. According to recent reports, major accidents involving military aircraft spiked by 55% in 2024 compared to four years prior, highlighting the increasing risks faced by military aviators. If you or a loved one has been involved in a military aviation accident, it’s crucial to understand your rights and the process for filing a claim.

Understanding Military Aviation Accidents

A military aviation accident is any unplanned event involving a military aircraft that results in damage, injury, or death. These accidents can occur during training exercises, routine flights, or combat operations. They can involve various types of aircraft, including fixed-wing planes, helicopters, and drones.

Common Causes of Military Aviation Accidents

While each accident is unique, some common factors contribute to military aviation mishaps:

Human Error: This is often cited as a primary cause, encompassing mistakes made by pilots, air traffic controllers, maintenance personnel, or other individuals involved in the operation of the aircraft. According to one report, eight out of nine AH-64 Apache Class A mishaps in 2024 were attributed to human errors.
Mechanical Failure: Equipment malfunctions, design defects, or improper maintenance can lead to catastrophic failures during flight.
Environmental Factors: Inclement weather, poor visibility, or hazardous terrain can increase the risk of accidents.
High Operational Tempo: Increased operational demands and a high pace of operations can lead to fatigue and increased risk-taking.
Inadequate Training: Insufficient training or a decline in training standards can leave pilots unprepared for challenging situations.
Aging Aircraft: Some military aircraft have been in service for decades, leading to increased maintenance requirements and potential for mechanical issues.

Your Rights as a Military Member or Family Member

Navigating the legal landscape after a military aviation accident can be complex. Several factors determine your rights and options for filing a claim:

The Feres Doctrine: This legal principle generally prevents active-duty military personnel from suing the government for injuries or death sustained “incident to service.” This means that if the accident occurred while the service member was performing their military duties, they typically cannot sue the government for negligence.
Exceptions to the Feres Doctrine: There are some exceptions to the Feres Doctrine. For example, a service member may be able to sue the government if their injuries were caused by the negligence of a civilian employee or if the accident occurred during a non-combat activity.
Claims Against Third Parties: Even if the Feres Doctrine prevents a lawsuit against the government, you may still be able to pursue a claim against third parties, such as aircraft manufacturers, component suppliers, or maintenance contractors, if their negligence contributed to the accident.
The Military Claims Act: This act allows the military to pay claims for property damage, personal injury, or death caused by the negligent or wrongful acts of military personnel or civilian employees of the Department of Defense. However, the amount of compensation available under the Military Claims Act is often limited.
The Defense Base Act: This act provides workers’ compensation benefits to civilian contractors working overseas on U.S. military bases or under U.S. government contracts. If a contractor is injured or killed in a military aviation accident, they or their family may be entitled to benefits under the Defense Base Act.
Wrongful Death Claims: If a military member is killed in an aviation accident, their family may be able to file a wrongful death claim against the responsible parties. Damages in a wrongful death case may include loss of future earnings, loss of companionship, and funeral expenses.

Filing a Claim: A Step-by-Step Guide

Filing a claim after a military aviation accident can be a daunting process. Here’s a general outline of the steps involved:

Seek Medical Attention: Your health and well-being are the top priority. Seek immediate medical attention for any injuries sustained in the accident.
Report the Accident: Report the accident to the appropriate military authorities. This will initiate an official investigation into the cause of the accident.
Gather Evidence: Collect as much evidence as possible related to the accident, including photographs, witness statements, and medical records.
Consult with an Attorney: Contact an experienced aviation attorney who specializes in military aviation accidents. An attorney can help you understand your rights, evaluate your options, and guide you through the claims process.
Determine Potential Defendants: Work with your attorney to identify all parties who may be liable for the accident, including the government, aircraft manufacturers, component suppliers, and maintenance contractors.
File a Claim: Your attorney will help you file a claim with the appropriate government agencies or third parties. This may involve filing a claim under the Military Claims Act, the Defense Base Act, or a lawsuit in civil court.
Negotiate a Settlement: Your attorney will negotiate with the responsible parties to reach a fair settlement that compensates you for your injuries, losses, and damages.
Litigation: If a settlement cannot be reached, your attorney may recommend filing a lawsuit to pursue your claim in court.

The Importance of Legal Representation

Military aviation accident cases are complex and often involve unique legal challenges. An experienced attorney can provide invaluable assistance by:

Investigating the Accident: Conducting a thorough investigation to determine the cause of the accident and identify all responsible parties.
Navigating the Legal System: Understanding the intricacies of military law, the Feres Doctrine, and other relevant legal principles.
Gathering Evidence: Collecting and preserving evidence to support your claim.
Negotiating with Insurance Companies: Dealing with insurance companies and negotiating a fair settlement on your behalf.
Representing You in Court: Filing a lawsuit and representing you in court if necessary.

Seeking Justice and Compensation

If you or a loved one has been affected by a military aviation accident, you deserve justice and fair compensation for your losses. By understanding your rights and seeking the assistance of an experienced attorney, you can navigate the legal process and pursue the compensation you deserve. Don’t hesitate to reach out for help and take the first step towards recovery.