If you were injured or lost a family member in an aviation accident, you need an experienced Aviation Accident Attorney to protect your rights. Get a free, no-obligation consultation to find out if you are entitled to compensation. Call (602) 845-9090.
Aviation accident law includes commercial aviation and general aviation.
Commercial aviation typically refers to the major airlines with scheduled flights. This includes:
Major Airlines in the United States
- AirTran Airways
- Alaska Airlines
- American Airlines
- Delta Airlines
- Frontier Airlines
- Hawaiian Airlines
- JetBlue Airways
- Southwest Airlines
- Spirit Airlines
- United Airlines
- US Airways
- Other major airlines
Major Airlines Outside the U.S.
- Air Canada
- Air China
- British Airways
- Emirates Airline
- Japan AirLines
- Virgin Airlines
- Many other airlines
General aviation typically refers to aircraft other than the major airlines. For example:
- Small planes
- Business jets
- Charter flights
- Air ambulance
- Sightseeing air tours
- Sightseeing helicopter tours
- Pleasure craft
- Air ambulance
- Medical transport flights
- Aerobatic flights
- Skydiving flights
- Ultralight aircraft
- Hang gliders
- Other aircraft
Other Aviation Accidents
Not all aviation accidents and incidents result from aircraft crashes. Air travelers can also suffer in-flight injuries and airport injuries. Our aviation attorneys can assist with any type of aviation accident.
Safety of Air Travel
Flying is one of the safest forms of travel. But some types of flying are much safer than others. For example, statistics from the United States National Transportation Safety Board (NTSB) – the department that investigates aviation crashes – show that scheduled airline flights result in about 0.016 fatal accidents per 100,000 hours of flying time, compared to about 1.31 fatal accidents for general aviation.
The Importance of an Aviation Accident Lawyer
Injured passengers should immediately contact an experienced aviation crash lawyer after an accident. Aviation accident lawsuits are complicated and require considerable knowledge and resources. Even though the NTSB will investigate the accident and prepare a written report, that is not enough to protect your rights. The final NTSB report cannot be used as evidence in an aviation lawsuit. It may be necessary to hire multiple expert witnesses to determine what happened and what was at fault. Fast action may be required to preserve important evidence. Time deadlines apply to making legal claims for compensation.
There are also a variety of laws that apply to aviation accidents, and it is important to know which laws apply to your case.
Aviation Accidents for U.S. Flights (Domestic Accidents)
For domestic accidents occurring in the United States, U.S. laws will apply.
Businesses that transport passengers, such as commercial airlines, are known as common carriers. Common carriers have special duties to their passengers to keep them safe. Their duties to passengers are broader than that of a private person flying their own plane.
If a manufacturer is involved, then strict liability laws may apply to help injured persons prove liability. With a strict liability claim, it is enough to show the product was defective and unreasonably dangerous – it is not necessary to prove the manufacturer or seller of the part was negligent. However, there are also laws that protect manufacturers of parts that were made a long time ago if those parts are used on private planes.
Preemption laws may preempt or restrict claims made under state laws if the federal government has made laws or regulations on the same topic.
An experienced aviation attorney will be able to navigate the various laws that are involved and assist you in maximizing your recovery.
International Aviation Accidents (Long Haul Accidents)
Passengers on international flights do not enjoy the same rights passengers on domestic flights. International flights, also known as long haul flights, include domestic flights that have an international leg in their itinerary.
The rights of passengers (and their families) that travel on international flights are limited by the Montreal Convention. This convention, also known as the Convention for the Unification of Certain Rules for International Carriage by Air, replaced the Warsaw Convention.
The Montreal Convention limits the amount of compensation an injured passenger and their family can recover even if the injuries were catastrophic. It also prevents the recovery for emotional distress in the absence of physical injury. This is unfortunate, as the horror of almost having a fatal crash can cause emotionally devastating. The Montreal Convention provides for absolute liability for the airline, so it is not necessary to prove fault or negligence. The convention does not limit claims against other parties, such as the manufacturer of a defective part.
Free Consultation with an Aviation Crash Lawyer
We handle airplane, helicopter and other aviation accident cases on a contingency fee. This means that you owe us nothing unless we recover for you. Our goal is to maximize the amount of compensation you are entitled to.
Contact us today for a free, no-obligation consultation with an Arizona aviation accident lawyer. Find out if you are entitled to an aviation crash lawsuit. Call (602) 845-9090.