Commercial Airliner Crash: Why You Need an Experienced Aviation Accident Lawyer

Commercial airline accidents are thankfully rare, but when they occur, the consequences are devastating. In 2024, there were 47 accidents involving commercial jet airplanes, 12 of which resulted in hull losses and 187 fatalities. If you or a loved one has been affected by a commercial airliner crash, understanding your legal rights and the complexities of aviation law is crucial. This is why you need an experienced aviation accident lawyer.

The Complexities of Aviation Accident Cases

Aviation accident cases are significantly more complex than typical personal injury claims. They often involve:

Federal Jurisdiction: Claims often fall under federal jurisdiction, involving different processes than typical personal injury claims.
Investigations by Multiple Agencies: The National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) conduct thorough investigations.
International Treaties: Cross-state and international issues may arise, especially in commercial airline accidents.
Complex Technical Evidence: These cases require analyzing flight data recorders (“black boxes”), maintenance logs, air traffic control communications, and other technical data.
Multiple Potentially Liable Parties: Liability could extend to the airline, aircraft manufacturer, maintenance providers, air traffic controllers, or other parties.

Why You Need an Experienced Aviation Accident Lawyer

Navigating this intricate landscape requires the specialized knowledge and skills of an experienced aviation accident lawyer. Here’s why:

Expertise in Aviation Law: Aviation law is a highly specialized field. An experienced attorney understands the nuances of FAA regulations, international treaties like the Warsaw and Montreal Conventions, and relevant federal statutes such as the Death on the High Seas Act.
Understanding of the Aviation Industry: Aviation accident attorneys possess in-depth knowledge of the aviation industry, including airline operations, aircraft maintenance, and air traffic control procedures. They understand the lingo, can interpret technical documents, and grasp key aspects of the case.
Resource to Reconstruct the Accident: Reconstructing an aviation accident requires extensive resources and collaboration with various experts. An aviation accident lawyer has access to skilled aviation experts like pilots, aviation engineers, mechanics, air traffic control officers, and meteorologists, who can offer key evidential assertions.
Independent Investigation: While the NTSB investigates the cause of aviation accidents, passengers and their families still need strong legal representation to seek compensation. An attorney can conduct an independent investigation, gather evidence, and build a strong case.
Identifying All Liable Parties: Determining liability in a commercial aviation accident requires a thorough investigation. Potentially liable parties include:
- Airlines: Airlines are responsible for maintaining the highest safety standards, including aircraft maintenance, pilot training, and adherence to safety regulations. Pilot error is the leading cause of aviation accidents.
- Aircraft Manufacturers: If the accident was caused by a defect in the aircraft or its components, the manufacturer could be held liable under product liability law.
- Maintenance Contractors: Improper maintenance or failure to follow prescribed procedures can lead to accidents, making maintenance providers liable.
- Air Traffic Controllers: Errors or negligence by air traffic controllers can have serious consequences.
- Proving Negligence: To win an aviation accident case, an attorney must prove negligence, which involves demonstrating:
- Duty of Care: The responsible party had a legal obligation to act safely.
- Breach of Duty: The responsible party failed to meet their obligations.
- Causation: The breach of duty directly caused the injuries or losses.
- Damages: Measurable harm resulted from the accident, such as injuries, death, or financial loss.
- Negotiating with Insurance Companies: Insurance companies often try to minimize payouts. A skilled aviation accident attorney will be familiar with their tactics and negotiate aggressively on your behalf to ensure fair compensation.
- Maximizing Compensation: An aviation accident lawyer can accurately assess both economic damages (medical bills, lost wages, future accident-related expenses) and non-economic damages (pain and suffering, emotional distress) to maximize compensation. Victims of commercial airline crashes may receive anywhere from $250,000 to several million dollars, depending on the extent of injuries and liability.
- Representing Your Case in Court: While many aviation accident claims are resolved through settlements, an experienced attorney will be prepared to take the case to trial if necessary.

Types of Compensation Available

Victims of commercial airliner crashes may be entitled to various types of compensation, including:

Medical Expenses: Current and future medical bills, including emergency care, hospitalization, and ongoing treatment.
Lost Wages: Lost income due to injury or death, as well as diminished earning capacity.
Pain and Suffering: Compensation for physical pain and emotional anguish.
Emotional Distress: Mental and emotional distress, including anxiety, depression, and PTSD.
Wrongful Death Damages: Compensation for families who have lost a loved one, including loss of companionship, loss of support, and funeral and burial expenses.
Punitive Damages: In cases of gross negligence or willful misconduct, punitive damages may be awarded.

The Psychological Impact of Aviation Accidents

Beyond the physical injuries and financial losses, aviation accidents can have a profound psychological impact on survivors and their families. Psychological injuries from aviation accidents often include:

Post-Traumatic Stress Disorder (PTSD): Flashbacks, nightmares, or sudden panic triggered by reminders of the crash.
Anxiety and Panic Disorders: Fear of flying, claustrophobia, or constant “what if” thoughts.
Depression and Withdrawal: Loss of interest in things you loved, fatigue, or hopelessness.
Survivor’s Guilt: Feelings of guilt about surviving when others did not.

An experienced aviation accident lawyer understands the psychological trauma associated with aviation accidents and can help victims obtain compensation for their emotional distress.

The Role of the NTSB

The NTSB is an independent federal agency responsible for investigating transportation accidents, including aviation incidents. The NTSB’s primary mission is to determine the probable cause of accidents and make safety recommendations. While the NTSB does not assign liability or award compensation, its reports carry significant weight in civil lawsuits.

Choosing the Right Aviation Accident Lawyer

When choosing an aviation accident lawyer, consider the following qualifications:

Extensive Aviation Litigation Experience: Look for an attorney with a proven track record of successfully handling aviation accident cases.
Familiarity with Laws and Procedures: The attorney should be highly familiar with aviation laws and procedures.
Specialized Knowledge of Aviation Manufacturers and Regulators: Knowledge of aviation manufacturers and regulators is essential.
Access to Skilled Aviation Experts: The attorney should have access to skilled aviation experts, such as pilots and engineers.
Resources to Investigate Thoroughly: Thorough investigation is crucial to building a strong case.
Superb Trial Record: If litigation becomes necessary, you want an attorney with a superb trial record.

Don’t Wait, Take Action Now

If you or a loved one has been involved in a commercial airliner crash, it is crucial to seek legal representation as soon as possible. An experienced aviation accident lawyer can protect your rights, investigate the accident, and help you obtain the compensation you deserve. Contact our firm today for a free consultation.