This comprehensive guide aims to provide detailed insights into the legal framework surrounding aviation accidents, as well as the avenues for seeking compensation available to passengers who sustain injuries in such incidents. By delving into the nuances of aviation law and the corresponding rights of injured individuals, this guide equips readers with a thorough understanding of the legal landscape in the aftermath of an aviation accident.
To schedule an appointment with a proven Dallas aviation accident attorney, contact Bailey & Galyen online or call our offices at 972-449-1241. There’s no cost or obligation for your first consultation.
What is an aviation accident?
Aviation accidents are crashes and other incidents that occur in relation to operating an aircraft. According to Annex 13 of the Convention on International Civil Aviation, the following incidents are defined as aircraft accidents:
- In-flight death or injury of a person due to pilot action, turbulence, or other factors
- Significant damage to the aircraft or “structural failure” during flight, takeoff, landing, or taxiing on the runway
- An aircraft goes missing
Types of aviation accidents
Plane crashes–international and domestic flights
Air travel is a convenient and popular mode of transit. A large plane involved in a crash can result in numerous fatalities. Crashes occur during takeoff or landing, or two planes can crash in mid-air, due to pilot error or air traffic control miscommunication. Other common causes of plane crashes are bad weather, mechanical failure, and defects in the plane or parts of the plane.
Helicopter crashes
Helicopter crashes occur for many of the same reasons as plane accidents: inexperienced pilots, bad weather, and mechanical failure. A helicopter accident can cause long-lasting emotional distress and physical injuries for those involved.
Helicopters crash at a much higher percentage than airplanes even though the causes and circumstances surrounding those crashes are similar. Helicopter crashes can involve air ambulance transport as well as transport of workers to offshore oil rig platforms.
Small aircraft accidents
Small private plane crashes are much more likely to have survivors than large commercial accidents. These crashes are more frequent, and serious injuries are common. One of the complex issues involving small plane accidents is that owners and pilots are required to carry only $100,000.00 in insurance, which is inadequate to compensate for the serious injuries often involved. Finding ways to increase the insurance limit is critical for obtaining sufficient compensation.
Drone-related crashes
Drones are remote-controlled unmanned aerial vehicles smaller than passenger aircraft. Drones can crash into individuals, causing injury. Operator negligence or defective equipment are common causes of drone accidents.
Texas law holds a negligent drone operator liable for any injury resulting from a drone collision. If the collision results from manufacturing or equipment defects, the victim can claim compensation for injuries through a product liability claim
Aviation accident law
The following state, federal, and international laws are applicable in aviation accidents in Dallas, Texas.
International conventions
International flights involve flights between different countries. After an international airplane accident, many people do not realize their rights. If the accident takes place in a country that does not allow personal injury compensation, people may think that they do not have a case. But it is important to understand that, in most cases, international treaties — not local laws — apply to these cases. There is also nothing barring someone from another country from bringing a case in the United States against an airline company.
International agreements, such as the Montreal Convention and the Chicago Convention, apply in the case of an aviation accident involving international passengers and aircraft.
Montreal Convention
The Montreal Convention is an international agreement that determines the responsibilities and liabilities of airline companies in the event of injury or death on an international flight. The Montreal Convention was established in 1999, as an update to the Warsaw Convention of 1929 and the Hague Protocol of 1955. Under the Montreal Convention, air carriers are strictly liable for proven damages up to 128,821.00 special drawing rights (SDR), a mix of currency values established by the International Monetary Fund (IMF) equal to roughly US$175,000.00. Where damages of more than 128,821.00 SDR are sought, suit can be brought directly against the carrier for the excess.
The Montreal Convention provides guidelines for determining liability for injuries sustained in an airborne aircraft or during boarding or exiting the aircraft. The airline is liable for the injuries. An injured passenger can claim both economic and non-economic damages.
If the victim and airline reach a settlement, litigation is not necessary. However, if they are unable to reach a settlement on compensation amount and the airline denies culpability, an injured person can file a lawsuit within two years of the accident. You can also file a lawsuit in the country where the aviation accident happened or the country from which the airline operates.
Convention on International Civil Aviation (Chicago Convention)
The Chicago Convention does not directly address accident cases but establishes the standards and principles for aircraft operation and navigation. It lays down rules as to air traffic control and flight routes. It also provides for the establishment of accident investigating authority in member states. Safety requirements under the convention include the following:
- Maintaining certification of airworthiness
- Following safety standards for aircraft design, maintenance, and equipment
- Regular inspections and maintenance of records
State laws
Domestic flights involve flights between cities and states in the same country. In this instance, the local laws of the state or country will control any litigation, rather than international treaties, although many states and countries have adopted the Montreal Convention as local law.
In the United States, state laws govern personal injury, property damage, or wrongful death claims in cases of aviation accidents.
Negligence: If there is evidence that the carrier or pilot acted carelessly, an injured passenger can file a negligence claim against the airline or pilot to recover damages. The victim has to prove that the airline or pilot was negligent and that their negligence led to the accident and consequent injuries.
Product liability: Catastrophic mechanical failures or defective parts in an aircraft can lead to grievous injuries or death. A victim has to prove that a manufacturing or design defect of the aircraft resulted in the accident and injury.
Wrongful death: The families and relatives of a victim who dies in an aviation accident can initiate a wrongful death action against the airlines or the pilot. Wrongful death claims also depend on proof of negligence or product liability.
Federal laws
Federal Aviation Administration (FAA) regulations
The FAA is responsible for issuing and enforcing aviation safety regulations, overseeing airspace and traffic management, and constructing and upkeeping air navigation infrastructure. The FAA prescribes the Federal Aviation Regulations (FAR), which govern all aviation activities in the United States. The FARs regulate activities such as the design and maintenance of aircraft, airline flights, and pilot training. These regulations are detailed in Title 14 of the Code of Federal Regulations. Complying with FAA regulations lowers the risk of aviation accidents and increases chances of safe flight.
National Transportation Safety Board (NTSB)
The NTSB is an independent federal agency that investigates all aircraft accidents to determine the probable cause of the accident. NTSB also makes safety recommendations to aid airlines in avoiding future accidents.
Federal Tort Claims Act
The Federal Tort Claims Act allows victims to file a lawsuit against the FAA when the crash can be attributed to an FAA employee (e.g., an air traffic controller).
General Aviation Revitalization Act (GARA)
The General Aviation Revitalization Act limits the period for filing a product liability lawsuit against manufacturers of aircraft that carry fewer than 20 passengers and parts for such aircraft. Under GARA, claims for injury or death due to defects in such aircraft may not be filed against a manufacturer for defects in any product more than 18 years old at the time of the accident.
Aviation Disaster Family Assistance Act
The Aviation Disaster Family Assistance Act mandates that the airlines and NTSB assist the families of individuals involved in an airplane accident. Under the Act, NTSB serves as a liaison to coordinate the communication of information between the airlines and the families of those involved in an aviation accident. The Act also requires the federal government to provide counseling and mental health services to family members.
Statistics for aviation accidents in Dallas
The following table shows the number of fatal and non-fatal accidents in general aviation accidents worldwide:
| Year | Fatal aviation accidents | Non-fatal aviation accidents |
|---|---|---|
| 2013 | 9 | 80 |
| 2014 | 10 | 87 |
| 2015 | 7 | 85 |
| 2016 | 6 | 69 |
| 2017 | 6 | 82 |
| 2018 | 11 | 87 |
| 2019 | 6 | 108 |
| 2020 | 4 | 44 |
| 2021 | 4 | 44 |
| 2022 | 7 | 59 |
Between 2013 and 2022, there were 815 aviation accidents, leading to 3,115 overall fatalities.
Causes of aviation accidents
Pilot errors
Although airline manufacturers use technology to mitigate risks associated with flying, the aircraft’s pilot is responsible for safe takeoff and landing, responding to mechanical difficulties, and navigating the aircraft. Errors by pilots are the most common reason for aviation accidents. A minor mistake or delay in operating the aircraft can lead to an aviation accident.
Mechanical failures
Mechanical failures are the most common cause of aviation accidents after pilot errors. Defective aircraft design, improper maintenance, or installation of a mechanical part result in mechanical failures.
Adverse weather conditions
Despite the constant monitoring of weather, conditions can change quickly and affect the flight plan of an aircraft. Storms, fog, and wind can block the pilot’s vision during takeoff or landing. A total of 12 percent of aviation accidents reported across the world occur during landing or takeoff during harsh weather conditions.
Air traffic control errors
Air traffic controllers ensure that aircraft maintain an appropriate distance from other aircraft and that they land and takeoff safely. Because air traffic controllers deal with several aircraft simultaneously, they must quickly decide configuration, weather, equipment, and traffic levels. Failure to comply with proper air traffic control procedures can result in a fatal aviation accident. Miscommunication with air traffic control is often cited as a cause of airplane crashes.
Bird strikes
Most aviation accidents involving birds occur when they hit the windscreen or are sucked into the aircraft engine, causing mechanical problems.
Defective runway
The takeoff and landing of an aircraft can be severely compromised if the runway is not constructed according to standards. Severe degradation and damage of runways can lead to aircraft disasters. Obstruction on a runway can throw the aircraft off course and cause an improper landing.
What happens after an aviation accident?
Safety first—ensuring you and other people are safe
Survivors of a plane crash should wait for first responders to reach them. Staying calm under duress can prove key to your chances of survival.
Witnesses should contact emergency personnel immediately. Although rushing to aid may be tempting, assess the situation before engaging in rescue operations. In case you are unsure, stay away from the accident site until emergency personnel clear out combustible debris and potentially hazardous objects. You then can assist in search and rescue with the permission of the authorities present.
The family members and loved ones of persons involved in the aviation accident should reach out to the airline and await news on the status of their kin.
Documenting evidence of the crash
A health care provider evaluates the victim’s injuries and prepares a report documenting them. Medical records are crucial for determining compensation.
The crash site is thoroughly investigated and evidence such as weather conditions, aircraft debris, and actions of the pilot and crew are ascertained by the NTSB, FAA, and airline authorities. Inspection and analysis of the crash site, along with aircraft black box data, can reveal the cause of the accident.
Contacting a Dallas aviation accident attorney
Your lawyer will collect all investigative reports relating to the accident and review your medical records in order to assess liability and determine the amount of your claims for medical bills, lost wages, and pain and suffering. They also will research the relevant law as necessary to argue or defend any motions and advise you on matters such as whether to settle your claims.
Who is liable in an aviation accident?
Because the design, manufacturing, flying, and operation of an airplane is complex, an aircraft aviation accident can occur due to various reasons. Depending on whether the crash was due to a single factor or multiple factors, liability can be partial or complete. For instance, when there is a mechanical failure in an aircraft due to a defective part, and the pilot does not follow protocols established by the airline before flying, the airline and the manufacturer of the defective part share responsibility for an aviation accident. However, if the pilot’s recklessness or negligence alone has caused the accident, the airline would be completely liable.
Airline: Under the principle of vicarious liability, an airline, as the employer of a pilot, may be held responsible for an aviation accident when the crash is the direct consequence of a pilot’s negligence. Incorrect or half measures while flying, misjudgment of flight trajectory, and irrational decision-making without consultation with air traffic control are some examples of pilot actions directly leading to flight crashes. Crashes attributable to inadequate pilot training, improper scheduling, and other such factors can also result in the airline being liable.
Owner of the aircraft: An owner who recklessly or carelessly maintains or operates a plane can be liable for any injuries caused as a result.
Manufacturer of the plane: When an aviation accident happens due to defective manufacturing, equipment, or design of an aircraft, the manufacturers are held liable under the principle of product liability.
Federal government: The FAA governs air traffic control and can be liable when an accident occurs due to a mistake by an air traffic controller.
Can you sue for negligence in aviation accidents?
Negligence is the failure to take proper care or overlooking precautions while executing a task, resulting in a breach of duties owed to others and causing harm or loss. In an aviation accident, the airline, the pilot, the FAA, or an aircraft owner can be held liable for negligence.
You have the right to pursue compensation from anyone whose negligent actions cause you injury, harm, or loss. You can claim compensation for property loss, medical costs, lost wages, pain, trauma, and other losses resulting from negligence.
How to prove negligence in aviation accidents?
To establish negligence in an aviation accident, the plaintiff must prove the following key elements:
- The defendant owed the plaintiff a duty of care and breached that duty by failing to take reasonable care in some way.
- The defendant’s breach of duty caused the accident.
- The accident resulted in injuries to the plaintiff, which led to medical expenses, property damage, lost wages, and emotional trauma.
Note that when an airline accident is caused by a defective part in the plane, an injured person need not prove that the manufacturer of the part was negligent. Product liability requires the plaintiff to prove only that there was a defect and that the defect caused the accident which resulted in the plaintiff’s injuries.
Damages in an aviation accident
Economic damages
Economic damages in aviation accidents cover the direct financial or monetary losses sustained by a victim of an aviation accident.
Non- Economic damages
Non-economic damages compensate the claimant for things that cannot be quantified. They include pain, suffering, disability, disfigurement, loss of quality of life, loss of consortium, and other unquantifiable aspects.
Punitive damages
A victim who can establish that an accident was caused by the defendant’s malice, gross negligence, or fraud can claim additional punitive damages.
Examples of aviation accident cases
Sikorsky S-76A Helicopter Crash: On July 16, 2002, a Sikorsky S-76A being operated by Bristow Helicopters crashed in the North Sea while attempting to land on the Global Santa Fe Monarch drilling platform, killing all 11 people on board. The cause of the accident was an anomaly in one of the rotor blades that was built in during manufacture by Sikorsky. This anomaly caused the blade to separate and fail during flight, causing the loss of aerodynamic function of the craft. Families of the victims reached a settlement with the responsible parties. The terms of the settlement are confidential.
Air Algerie Flight 5017: On June 24, 2014, a McDonnell Douglas MD-83 operated by Air Algerie crashed after taking off from Ouagadougou, Burkina Faso, headed to Algiers, Algeria. The plane was equipped with Pratt & Whitney JT8D engines. The cause of the accident was the airplane’s faulty engine deicing system, which allowed inlet pressure sensors to clog with ice. This led the engine controllers to limit the thrust necessary to keep the plane at sufficient airspeed and resulted in the autopilot system increasing the plane’s angle of attack until it went into a high-altitude stall from which the crew could not recover. All 110 passengers and 6 crew were killed. Families of the victims reached a confidential settlement with the responsible parties.
How much does an aviation accident claim cost in Dallas?
A common practice among attorneys representing clients in aviation accidents is to work on a contingency basis, where specific terms and percentages are established in a written agreement between the attorney and the plaintiff at the time the attorney agrees to represent the case. Contingency fees in Dallas typically vary from 20 percent to 40 percent, with an average of 33 percent.
Before determining contingency terms, lawyers in Dallas consider the strength and complexity of your claim, as well as the parties involved, to evaluate whether trial or out-of-court settlement would be the best approach for obtaining a positive outcome. If a lawyer believes a case will need to go to trial, the contingency fee percentage may be higher.
In addition to lawyer fees, litigation expenses include copies and postage, court filing fees, expert witness fees, deposition and travel costs, and trial preparation expenses. Contingency fee agreements should state whether the lawyer or client covers these expenses. It’s crucial to clarify with your lawyer which expenses you will need to pay for upfront and which you will need to cover out of pocket in the event you lose at trial or are unable to settle the case.
How can an aviation accident lawyer help with your case?
An experienced aviation accident attorney can help you claim for injuries and sue the at-fault party for damages.
- Legal representation: Lawyers can appear on your behalf before the court and present your case.
- Legal advice: A lawyer can help you navigate proceedings as an aviation accident victim and can guide you in making decisions about settling your claims.
How to choose the right aviation accident lawyer?
The following criteria should be considered when searching an attorney:
- Experience: When selecting an attorney for an aviation accident, prioritizing experience is crucial. Consider their past cases and years of expertise in dealing with aviation accidents.
- Reviews: Read client reviews thoroughly when considering options.
- Qualification: Check the lawyer’s qualifications and verify their knowledge in aviation accident law.
- Compare: Compare different lawyers and choose the best among them. Select an attorney who can provide better service at an effective cost.
Summary
The features of aviation accident law primarily governed by the FAA regulations in Dallas can be summarized as follows:
What is an aviation accident? Aviation accidents involve the following in relation to the operation of an aircraft: the death or injury of a person, severe damage to the aircraft or its failure, or an airborne aircraft that goes missing.
Aviation accident law in Dallas: The law that applies to aviation accidents includes international treaties, state laws applicable to negligence and wrongful death claims, and various federal laws, including Federal Aviation Regulations.
Aviation accident statistics: Worldwide, there were 815 aviation accidents between 2013 and 2022, leading to 3,115 fatalities.
Causes of aviation accidents: The most common causes of aviation accidents are pilot error, mechanical failure in the aircraft, harsh and unpredictable weather conditions, air traffic controller errors, and defective runways. Sometimes, birds or other airborne animals also cause aviation accidents.
Types of aviation accidents: Aviation accidents include international and domestic commercial flights, as well as helicopter crashes and accidents involving smaller, private planes.
Liability in an aviation accident: Depending on the reason for the accident, the pilot, owner, manufacturer, or the federal government can be held liable for causing the accident.
Can you sue for negligence in an aviation accident?: You are entitled to seek compensation from anyone whose negligence led to your injury or loss.
How to prove negligence in aviation accidents: To establish negligence in an aviation accident, the plaintiff must prove the following elements:
- The defendant owed a duty-of-care to the injured party but breached that duty by failing to take reasonable care in some way.
- The defendant’s breach of duty led to the accident.
- As a result of the accident, the plaintiff suffered injuries.
Damages in an aviation accident: In an aviation accident case, the plaintiff might be able to recover economic damages (financial losses like medical bills and lost wages), non-economic damages (non-monetary losses like pain and suffering), and possibly punitive damages (in cases of gross negligence, fraud, or malice).
Costs of an aviation accident claim in Dallas: Aviation accident attorneys usually charge a contingency fee of 20 to 40 percent of any damages award or settlement amount.
Role of an aviation accident attorney: An aviation accident attorney can inform you of your rights, prepare your claim, and represent you in court. They can also advise you on whether to settle your claim and for what amount.
Choosing the right aviation accident lawyer: Compile a list of aviation accident attorneys in Dallas. Check each attorney’s experience and qualifications, and as well as client reviews. Compare the attorneys and choose the one best suited for your needs.
FAQs
Why do I need an aviation accidents attorney in Dallas?
An aviation accidents attorney in Dallas, Texas, can provide legal advice and determine the “at-fault” party. They can help you file your legal claim against prominent airlines and insurance companies and advise you on settlement options and strategies.
What types of aviation accidents can an attorney help with?
An aviation accidents attorney can represent you with claims involving international flights, domestic flights, helicopter crashes, and small aircraft accidents.
What evidence is crucial in an aviation accident case?
Witness statements, voice recordings of the pilots, black box data, aircraft debris, photographs and analysis of the crash site, weather records, and air traffic control records can all be crucial evidence in aviation accidents.
How long do I have to file a lawsuit for an aviation accident case?
The statute of limitations will vary, depending on the location of the accident and the applicable law.
How do I find the best aviation accident lawyer in Dallas?
Evaluate the experience and expertise of aviation accident lawyers in Dallas. Check their client reviews and testimonials thoroughly. Ensure that they have proper qualifications. Compare your choices and choose the one that can offer you the best services at a practical cost.
Is it expensive to hire an aviation accident lawyer in Dallas?
Most aviation accident attorneys in Dallas work on a contingency basis, with agreements established in writing between the attorney and the plaintiff. In Dallas, contingency fees generally range from 20 to 40 percent, with the average being 33 percent of any damages award or settlement amount.
Do I have to go to court for an aviation accident case in Dallas?
Most aviation accident cases settle before trial. Your settlement options will depend on the facts and complexity of your case.
Bailey & Galyen Attorneys at Law – Dallas Office
2777 North Stemmons Freeway, Suite 1150
Dallas, TX 75207
Phone: 972-449-1241
