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Aviation Disaster Lawyers
An aviation accident is one of the most frightening events that may occur. When a plane crashes, Texas Personal Injury Lawyers will perform a thorough investigation to ensure that our clients are compensated to the greatest extent possible for their losses. We represent accident victims in all sorts of aviation disasters, including commercial airliners, private planes, helicopters, jets, turboprop aircraft, seaplanes, ultralights, experimental aircraft, and others.
In aviation disasters, several parties may be held responsible, including the airplane manufacturer and any faulty components made by that company, flight schools, air traffic controllers, and engine manufacturers. Our attorneys are trained to investigate an aviation accident in order to identify the true source of the problem.
You may have legal rights if you’ve been harmed significantly or a loved one has died in an aviation accident. To learn more about your rights, contact the national aviation legal team at Texas Personal Injury Lawyers by calling us at (888) 997-2148 .
Causes Of Aviation Accidents
Aviation catastrophes are generally the result of a number of factors. Experts refer to it as a “cascade of events.” A detailed study is required in order to discover all of the causes that led to an aviation accident.
The following are some of the most frequent causes of aviation disasters:
- Pilot error
- Poor training
- Mechanical failure
- Air traffic control error
- Inadequate aircraft maintenance
Many aviation disasters are caused by pilot error. A pilot might misread or misinterpret the instruments, neglect to perform safety checks, skip checklists, ignore warning flags, or mistakenly fly around bad weather rather than continuing to fly – or not flying at all if he or she does not know how to navigate through it. If an airliner suffers a pilot error, everyone on board is at risk of severe or fatal injuries.
Poor training is a widespread and underappreciated issue. A legal minimum of recurrent training has been imposed by the government; nevertheless, following the FAA rules does not guarantee that a pilot is safe in all situations. If pilots want to fly in extreme weather conditions, at night, over risky territory, at higher elevations, near mountains, or any other similar scenario, they must go through considerably more than the minimal schooling. Carelessness occurs when a pilot is not properly trained. It’s also critical to examine pilot logs to ensure that a pilot involved in an accident had the necessary expertise and was not fatigued or intoxicated at the time of the incident.
Some pilot errors are caused by a plane’s faulty design, such as a navigation system or an important component of flight control. Despite the fact that many pilots are uninsured or underinsured, which deprives victims of fair compensation, airplane builders will typically point fingers at pilot error in the aftermath of a deadly accident. As a result, an independent investigation is more critical than ever. To guarantee that the proper parties are held accountable, an investigation should be done outside of the manufacturer and even the National Transportation Safety Board.
Another frequent cause of aviation disasters is mechanical failure. Mechanical difficulties take many shapes and forms. There might be engine problems that went unnoticed, as well as flaws in a component that were not addressed. A key pin made out of the incorrect material may be catastrophic. A design fault may exist. Today’s software and autopilot problems are a serious risk. The commercial GPS software is used by almost all pilots to fly. When the program isn’t updated either by the manufacturer or the plane’s operator, disasters occur. Mechanical failures, like pilot error, can produce major injuries for everyone on board.
Air traffic controllers are in charge of guiding planes as they take off and land to ensure that their paths are clear. When air traffic controllers make errors, aviation disasters may occur. The aircraft might smash into another plane on a runway or in the air, or it might collide with a barrier like a mountain or a tower.
Although engines are typically tested during a routine maintenance visit, they must also be well-maintained. Airline and aircraft technicians are required to check the systems to ensure that they function properly. The baggage handlers must load the plane carefully, making sure it is not overweight or unbalanced. Depending on the type of aircraft, it might have a limited amount of fuel onboard. If you’re in doubt as to whether or not your plane has enough gas to reach its intended location with a reasonable safety margin, don’t put yourself between fate and danger!
Some other common causes of airplane crashes include the following:
- Defects in the landing gear
- Design defects
- Fuel mismanagement
- Improper inspections
- Inadequate security
- Inadequate training
- Inclement weather
- Instrument failures
- Medical emergencies
- Metal failures
- Mid-air collisions
- Poor fuels
- Tire failures
Small planes and helicopters are the most common types of aircraft involved in accidents. Medivac and sightseeing helicopters are becoming increasingly frequent causes of aviation incidents. An experienced accident litigation team can evaluate your potential claim and give you an accurate assessment.
Aviation Accident Liability
In cases where victims are seriously harmed or killed, the determination of responsibility is critical. In aviation incidents, several parties may be held liable for the accident’s causes. To find out who contributed to an aviation accident and all parties that contributed to its cause, you should work with a lawyer that understands how to investigate an airplane incident. Identifying all liable parties is crucial to ensure that victims and their families receive compensation to cover the costs of their losses.
The plaintiffs must be able to demonstrate that the defendants owed a duty of care to the victims in order for them to get compensated. In aviation accident cases, the claimants must show that the firm or individual owed the pilot/passengers a duty of care to protect their safety when the incident occurred, whether before the flight, during take-off, during the flight, or after landing. If the plaintiff is unable to show that a defendant owed a duty of care, he or she will not be able to demonstrate negligence or responsibility for harm.
After showing that a defendant had a duty of care, the plaintiff must then show that he or she has been harmed as a result of the defendant’s failure to meet that duty. The mechanic of an airline, for example, may have had a duty of care to check the landing gear before take-off but neglected to do so.
The plaintiff must also show that the defendant’s failure caused the accident in order to establish liability. It is insufficient to demonstrate that a defendant owed a duty and broke it. The plaintiff must also show that the breach was a direct or indirect cause of the accident. The failure of a mechanic to check the landing gear in this situation would not make him or her liable for the accident, as long as the landing gear was not related to the aircraft accident.
Finally, the plaintiff must show that the accident caused him or her harm. If a claimant can demonstrate that all of these elements of negligence have occurred, he or she may be able to secure compensation for economic as well as non-economic damages from the defendant.
What Compensation Can You Recover?
The compensation that might be available as a result of an aviation accident is determined by the circumstances and details, with the amount varying from case to case.
The method by which damages are figured varies considerably depending on the state and country’s legislation. This legal uncertainty may sometimes be the most significant element in determining how much compensation a vehicle accident victim receives. Texas Personal Injury Lawyers has represented plaintiffs in some of the most important legal cases, including those that established how courts determine which legislation will apply. This legal issue may sometimes help decide whether victims receive thousands or millions of dollars in compensation.
Special damages and general damages can be divided into two categories of compensation that may be recovered in an aviation accident caused by negligence.
The following are examples of non-economic or non-financial losses that you may have suffered as a result of your injuries, the death of a loved one, or other circumstances:
- Your past and future medical expenses
- The cost of your loved one’s medical care from the time of the accident until he or she succumbed to his or her injuries in wrongful death cases
- Your past and future income losses
- The loss of your loved one’s future anticipated earnings in a wrongful death case
- Property losses
- The cost of rehabilitation
- Funeral and burial expenses for your loved one in a wrongful death case
Damages for non-economic losses are more difficult to evaluate than economic damages. The following are some examples of non-economic losses:
- Your past and future physical pain and suffering
- The pain and suffering that your loved one suffered from the time of the accident until he or she died
- Emotional trauma
- Scarring and disfigurement
In some situations, punitive damages may be granted. These are not intended to reimburse the victims but rather to penalize the defendants. These sorts of penalties are only available in cases where the defendant’s behavior has been particularly egregious.
Get Help From An Aviation Accident Lawyer
If you or your loved one has been critically injured or killed in an aircraft accident, you may have legal claims. To learn more about your rights, call us at (888) 997-2148 if you’d like to talk with the national aviation law team from Texas Personal Injury Lawyers. We work on a contingency fee basis, no upfront fees and we only earn fees if we win.
Even if the incident occurred outside the United States, the liable parties are frequently found within the United States and may be sued in this country. All of these sorts of claims are subject to statutes of limitations, which limit how long you have to bring a lawsuit. It is critical to consult an attorney as soon as possible to protect your rights.