Over 50 Years of Aviation Accident Experience
We are San Diego’s leading plaintiff’s law firm. We have extensive experience assisting people and families impacted by serious aviation accidents..
We use that experience to navigate the complexity of aviation cases. This includes looking at different reasons that could have played a role. These reasons may include bad maintenance, broken parts, or mistakes by air traffic controllers or pilots.
We work with government investigations to access the wreckage and other evidence quickly. We also gather a team of experts to study and rebuild the incident. They will uncover what happened, identify who is responsible, and decide who should face accountability. Our personal injury attorneys also represent clients who have sustained injuries related to other types of air travel incidents.
Airports, airlines, and their workers must keep passengers safe. They also need to ensure their areas are free from dangers. Passengers who suffer injuries during air travel because of another person’s negligence can claim compensation.
First-Hand Knowledge
Aviation litigation includes many complex legal issues. It can involve state, federal, and international laws based on the case details. Understanding the laws and relevant legal elements is critical for a successful aviation accident claim.
Beyond knowledge of the applicable laws, aviation litigation is highly technical. You should trust your injury claim to a lawyer who knows aviation well. This includes understanding weather, air traffic control, flying, and airline operations.
At CaseyGerry, we are at the forefront of aviation litigation. We have worked on aviation cases with many types of aircraft. This includes small and large airplanes, helicopters, and gliders. We also handle cases related to parachutes, pilot training, chartered flights, air races, and banner towing.
A number of our attorneys have undergone private flight training and possess direct cockpit experience. One of them is Scott Cummins – a certified pilot with over 40 years of experience in aviation law. He leads our aviation division.
This group includes David S. Casey, Jr., who is a managing partner. It also includes Robert J. Francavilla who won the San Diego Trial Lawyer of the Year award in 2016. Other crucial team members are Jason C. Evans and Adam B. Levine.
Airplane Injury Liability
Determining liability in aviation accidents can be complicated, especially when you do not know the cause of the accident. Airlines and airports can stay silent for months or even years after an accident. They often do not share details about what caused the accident or other important facts. Injured passengers and their families often get the run around when they reach out with accident inquiries.
Airplane accidents can involve multiple parties, and defendants often blame each other. Depending on your case facts, responsible parties may include one or more of the following:
- Airlines
- Airports
- Maintenance crews
- Pilots and other employees
- Air traffic control and the FAA
- Airplane manufacturers
Liable parties often have significant resources and powerful legal representation. Defendant insurance companies are typically responsible for paying injury claims, and they can be challenging to work with. To protect your case and right to compensation, you need skilled attorneys who can take on well-funded defendants.
Insurance Company Interviews And Negotiations
If you experienced injury or lost someone in a plane crash, remember that insurance companies might not prioritize you. Their goal, especially in accidents with many injured people, is to settle your claim for the lowest amount possible.
Insurance companies often lack transparency in aiding your claim. They don’t have to share the reason for the accident, so it’s hard to trust them for the information you need.
They also do not have to tell you how much compensation you can receive. Your attorney will help determine the value of your injuries and damages. This way, you won’t accept a settlement offer that doesn’t fully and fairly compensate you and your family.
Insurance companies often reach out to you right after an incident. This usually happens before you can talk to a lawyer. These calls aim to benefit the insurance company, and they can harm your case.
Adjusters often try to use something you said in a phone call to reduce the value of or deny your claim. They might also attempt to pressure you into accepting an unfair settlement offer.
When you have a lawyer, you won’t need to talk or negotiate with defendants or their insurance companies. Your attorney will handle the negotiations and advise you on the adequacy and fairness of settlement offers. Plaintiffs who have experienced legal representation typically secure larger settlements than those who handle claims on their own.
Common Causes Of Aviation Accidents
As previously mentioned, determining the cause of an airplane accident can be difficult, especially when potential defendants are not forthcoming with information. Your attorney will investigate your accident, hire necessary aviation experts, and interview witnesses to narrow down the cause of the accident. See below for common causes and contributing factors in aviation accidents.
- Pilot Error – Needless to say, pilots have immense responsibilities when it comes to air travel. They must manage preflight safety checks and precautions, communicate with and follow air traffic control orders, and make critical plane operation decisions. Factors that often contribute to pilot errors include falling asleep in flight, logging too many flight hours, intoxication, inexperience, and general judgment errors.
- Air Traffic Control Error – Air traffic control specialists keep air traffic moving by directing and timing incoming and outgoing airplanes. They are also responsible for the control of airplane traffic on the ground. Errors can result in accidents due to failing to clear runways and landing strips, sending aircraft into occupied air space, mistiming landings and takeoffs, and failing to account for dangerous weather conditions.
- Airport and Airline Negligence – Airports and airlines play a significant role in ensuring passenger safety. The importance of employee training and their execution of duties cannot be overstated. Competent passenger security screening is also crucial to passenger safety. Preflight safety procedures and precautions must be strictly adhered to, including required safety inspections, airplane maintenance, and the proper loading and securing of cargo. Any airport or airline negligence can lead to an aviation catastrophe.
- Manufacturing Design or Defect– Because of the potential for disaster, airplane manufacturers are held to a high standard of care. Any design or manufacturing defects could impact hundreds of lives. Common defects that lead to airplane emergencies and accidents include defects with landing gear and communication devices. Other dangers may involve wing or propeller components, onboard computer systems, engines, and engine controls.
Other types of airline incidents that frequently result in passenger injuries include falling luggage in the cabin, hot tea and coffee spills, beverage cart accidents, and failing to protect passengers from other aggressive and violent passengers.
Regulations And Requirements
The airline industry is heavily regulated and is subject to government oversight. Your attorney will examine licenses, practices, policies, and records to determine if there were any noncompliance or regulation violation issues. Evidence of licensing problems, maintenance violations, and other noncompliance can be used to demonstrate the defendant’s negligence.
Compassionate and Strong
When a crash occurs, whether it is a small private aircraft or a massive airliner, it has a catastrophic impact on families. In helping families face these devastating tragedies, we are able to bring our extensive experience, history of results, and aviation knowledge to bear on our clients’ behalf. Our firm is in its 70th year and we have the resources to represent our clients against defendants and corporations that can be powerful and financially strong.
Fatal Aviation Accidents
If your loved one suffered fatal injuries in an airplane accident, our attorneys are available to discuss potential recovery options for you and your family. In some fatal injury cases, surviving family members and the decedent’s estate may seek compensation under wrongful death claims and survival actions.
Our Commitment to Clients
We understand the complexities of aviation law and work closely with our clients to help them find answers. Having litigated many cases, we help our clients through the challenges that present themselves, like coordinating litigation with ongoing investigations by the National Transportation Safety Board, fighting legal issues including preemption, and analyzing highly technical issues of maintenance and flight procedures, weather patterns, and computer and engine performance. We work with the leading experts in the United States to address these and other issues. Contact the best San Diego personal injury lawyers in the business today at (619)-238-1811.
