Commonly, when we step into an airplane or helicopter, our natural instinct is to feel secure and confident about the services conducted by the airplane provider, not the risks of air travel. Even if you’re reading this on an airplane while you’re rocketing toward the ground, your odds of surviving are quite good.
When a flight accident occurs it can be a horrifying experience. When a plane goes down, the first question is often, “Why did the accident happen?” The next question should be, “Who is liable for damages?” While pilot error is a major contributor to many plane crashes, the pilot isn’t the only party that might be at fault.
A study with National Transportation Safety Board (NTSB) in 2015 has conducted that total civil aviation accidents in total of 1282, fatal accidents at 238, and resulting in a total of 406 deaths, among passengers aboard crashed planes, 95.7 percent survive. In addition, NTSB has also conducted that passengers of the most devastating airplane crashes survive at a rate of 76 percent. Please see https://www.ntsb.gov/investigations/data/Pages/AviationDataStats2015.aspx.
However, unlike accidents involving other forms of transportation, aviation accidents often have a devastating impact that can endure major injuries, property damage, and even a loss of life. The damages sustained in an airplane accident or helicopter crash typically far outweigh those associated with an auto motor accident.
In order for a pilot to be liable for a plane crash, he or she must have done something that became the cause or proximate cause of the accident. Primarily, the pilot must have been negligent in some way that ended in devastating disasters. If the pilot does not fulfill the reasonable standard of duty and care for such circumstances he or she may be negligent for such action.
Such critical pilot errors include the following:
Although pilots have to be extremely experienced and licensed before initiating any flight, mistakes can still happen. The acts of negligence, such as failing to check the weather prior to taking up a private party, can end in devastation. Furthermore, recklessness can also describe a pilot trying to perform stunts or showing up to the helm under the influence of drugs or alcohol.
Here are many forms of Pilot carelessness as described below:
Any action that a “reasonable and prudent” pilot would not have done in the same circumstances could qualify as negligence, and result in pilot liability. There are things all pilots should do to reduce the risk of a crash. Failure to do these things, resulting in an accident, will almost certainly come down to pilot liability.
The second leading cause of plane crashes is due to aircraft mechanical. Although, this always won’t be the pilot’s fault, it could be if the pilot is the same person in charge of the aircraft’s maintenance and daily inspections. An example is if the pilot owns a private plane. If it is the pilot’s duty to inspect the craft, order repairs, and take care of routine maintenance, injured parties could sue the pilot for failing to fulfill these duties if a crash ensues.
In addition to suing the pilot, an injured plane crash victim might be able to possibly sue an airline, aircraft part manufacturer, maintenance crew, government agency, and/or a few other parties. Talk to a Los Angeles aviation attorney about your right to sue.
A majority of plane crashes do not stem from a single factor, but rather multiple factors that culminate in the accident. Although a pilot may have contributed to an accident, there are likely other highlighted factors at work as well.
Some examples of these factors are the following:
The liable parties in a plain accident can include the pilot, the owner of the aircraft, a manufacturing company, maintenance supplier, the federal government, and several other third parties. Anyone who shared responsibility for a plane crash can face legal action. A pilot may be at least partially liable if he or she played a role in the accident. If the pilot is an employee of a company, the company will be vicariously liable for the actions of the pilot.
California is a comparative negligence state, meaning the courts can assign percentages of fault to more than one defendant in a personal injury or wrongful death claim. Plane crashes in that event are complex and can’t typically result from a single action or one entity’s fault. Although the circumstances of all aviation accidents can be unique, they require experienced Personal Injury attorneys to protect the rights of victims and fight for maximum compensation. Call our experienced Aviation Plain Accident Lawyer today for a FREE CONSULTATION at (310) 894-6440.
Depending on where and under what circumstances an airplane crash has occurred, the law that applies can vary. Various commanding agencies, commercial airline personnel and even passengers can be charged with partial or full responsibility due to the crash. Maintenance crews, air-traffic controllers, airplane owners, and parts manufacturers can also be implicated in aviation accidents.
Another factor to consider is that airplane crashes often involve injuries to more than one party. Thus, sometimes it may behoove a plaintiff to connect with other injured parties to launch a class-action suit. That said, if, for instance, other plaintiffs make ill-advised choices about their representation, you may want to seek independent private counsel.
Given the massive publicity and money involved in aviation accident cases, the resulting legal battles can drag on for years in the public spotlight — sometimes even for decades. To parse the ultimate causes and long-term effects of airline accidents can prove to be a confounding and frustrating business.
Furthermore, in addition to obtaining and thoroughly examining the work of accident investigators from government agencies, we retain our own aviation experts and consultants to review all available evidence including the following:
When potential aircraft design or manufacturing defects are involved in the case, our experienced Personal Injury Attorneys may also review the manufacturer’s records concerning design and testing of the subject aircraft, as well as records relating to other failures and of similar aircraft with safer alternative designs.
If you, a loved one, or family member have been involved in an aircraft accident, please contact our Los Angeles aviation accident lawyers at Law Mart, Inc at (310) 894-6440.
An experienced Los Angeles wrongful death attorney can represent you in a aviation accident cases involving a wide range of aircraft and causal factors:
Based on the specifications of your case – the details of the accident, how severe your injury was, it is ultimately going to determine what you could be entitled to sustain based on your case. However, what you can be compensated for if your case prevails can often be put into several different categories.
The categories of compensation can include:
Medical bills: Should you win your case, you could be awarded compensation for medical bills you’ve had to pay as a result of your injury. This includes both past and future bills stemming from the injury, and can potentially cover expenses such as transport or in-home rehabilitation services.
Lost wages: Lost wages can be awarded if your injury has caused significant missed time at work, or has made you unable to perform your job. You could be entitled to even more lost wages if the injury leaves you permanently disabled and unable to find consistent work.
Pain and suffering: In some cases, the damages endured from physical pain and emotional suffering can be compensated to pay for therapy treatments.
Punitive damages: Punitive damages are awarded in more extreme cases, wherein the injury was caused by someone’s recklessness. They are awarded to try and dissuade the defendant and others from acting with that level of recklessness again.
Contact an experienced Los Angeles Personal Injury Lawyer in Los Angeles to schedule a free, no obligation initial case evaluation at (310) 894-6440. Our Los Angeles Aviation Plain Accident Lawyer will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!
If you are in need of a Personal Injury Lawyer to help you get appropriate compensation and medical care you deserve, you should contact an auto accident lawyer today. Our experienced Personal Injury Lawyer in California will help you overcome your Los Angeles Aviation Plain injury or damage.
If you have any questions about the information provided above, please contact Law Mart. Law Martis a Lawyer Referral that can provide you with a Los Angeles Aviation Plain Accident Attorney or law firm.
If you do have any questions about a personal injury attorney please contacts us for a free Lawyer Referral to a Personal Injury California Lawyer.
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