Commercial air travel is still one of the safest forms of transportation. Private air travel, whether by single or multi-engine plane, rotorcraft, experimental or light sport aircraft, has a higher accident rate but remains relatively safe. This is due to regulation and oversight by the Federal Aviation Administration. However, when an accident occurs, the losses are often catastrophic, and recovering damages from liable parties can be challenging. Aviation accident liability is governed by a complex interplay of state and federal law and international air law treaties.
You will have a substantially better opportunity to recover the largest available damages when you retain the services of aviation accident lawyers at CaseyGerry, who understand that complexity. We have in-depth knowledge of the laws governing these accidents and can fight to recover your losses. Call today for a free consultation.
Liability Depends on the Cause of the Accident
In the United States, the National Transportation Safety Board (NTSB) investigates civilian aircraft accidents to establish the facts and circumstances of the accident. The NTSB then uses that information to determine the cause of the accident and to make recommendations to prevent similar crashes in the future.
In most instances, the NTSB has concluded that pilot error, equipment malfunctions, or inclement weather caused general aviation catastrophes. Liability for accidents caused by pilot error will generally fall on the pilot and the air carrier that employs them. Liability for equipment malfunctions can attach to the aircraft’s owners or operators, designers and manufacturers of the equipment, and maintenance companies responsible for keeping the equipment in safe operating condition. Liability for bad weather incidents may fall on the parties that decided to fly into known dangerous weather conditions, including air traffic controllers and airline companies.
When you retain CaseyGerry to handle your lawsuit, we will assign a San Diego injury lawyer. They will analyze every aspect of the accident with the same attention to detail that regulatory agencies apply to determine the causes and responsible parties for your injuries and losses. We will then pursue those parties to recover the full measure of damages that the situation merits.
Responsibility for Losses and Damages Depends on Showing Negligence or Strict Liability
In aviation accident cases, the extent of negligence you must show will be different for commercial airlines than for private aircraft. Under the laws of California and other states, commercial airlines are considered “common carriers” with a higher duty to provide safe travel to their customers and clients. Virtually any breach of that duty, including operator or pilot negligence, failure to comply with safety requirements, or a lapse in controlling other passengers, may be grounds for negligence that can justify a significant damages award.
If mechanical or equipment problems caused the aviation accident, you may have a strict liability claim for a design, marketing, or manufacturing defect, and the responsible party may be held liable for your damages even if that party’s conduct was not negligent.
Whether your claim is based on negligence or strict liability, contact us as soon as possible after the accident to preserve critical evidence and begin the analysis of the often-complex facts about the accident.
Damages for Aviation Accident Losses
A person who suffers injuries in an aviation accident may be eligible to recover three categories of damages:
- Compensation for economic losses such as medical expenses, lost earnings, funeral expenses, and other costs that have a definite value.
- Non-economic damages for pain and suffering, emotional distress, and other less specific costs.
- Punitive damages may be awarded if a liable party’s conduct was egregious, intentional, or malicious.
Punitive damages will be awarded in only a small number of cases. They are designed to deter a defendant’s future conduct rather than to compensate an injured party for economic and non-economic losses.
An experienced San Diego aviation accident attorney will always consider a demand for punitive damages if the circumstances of an aviation accident suggest that that may be available. Further, the state does not place an upper limit on the amount of punitive damages that an injured party may recover.
Schedule a Free Consultation at CaseyGerry in San Diego, CA
Aviation disasters are often catastrophic. You need a personal injury lawyer who understands the complexity and nuances of aviation law and can leverage that law to your highest benefit.
Our team at CaseyGerry will rise to the challenge of proving liability and hold every negligent party responsible. Schedule a free consultation today. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we obtain compensation for your injuries.
