Determining Aviation Accident Liabilities
Many people are now traveling by means of aircrafts, and it is expected that air travel will doubly increase over the next 20 years, according to the Federal Aviation Administration (FAA).
But as air travel increases, so does the probability of aviation accidents. Although airplanes are generally considered as a safe means of transportation, accidents still do happen and when it does, it often result in severe injuries and fatalities.
Aviation accident law deals with both general aviation and major air carrier accidents.
General aviation includes all aircrafts that are non-commercial, including:
- Large business jets
- Helicopters
- Pleasure crafts
- Small planes
- Charter flights
- Hang gliders
Types of aviation accidents
Airplane accidents include crashes and incidents on planes, such as assaults, falling baggage, and other related incidents that result in injuries.
The types of accidents are listed below:
- Collisions and crashes
- Accidents caused by miscommunication and air traffic control error
- Accidents that occurs during transport to and from the planes and on the runway
- Mechanical failure
- Pilot negligence
- Baggage falling on people during shifting baggage on the runway or during flight
Causes of aviation accidents
Below are some of the causes of aviation accidents that can result to the injury of crews and passengers:
- Faulty equipment
- Pilot error
- Design or structural problems
- Violations of the Federal Aviation Administration regulations
- Federal Air Traffic Controllers' negligence
- Negligence in the selection of a carrier of a third party
- Flight Service Station employees' negligence
Aviation Accident Liability
In an aviation accident, determining who is responsible for the accident is quite difficult and may require the skills of expert aviation accident lawyers.
In Los Angeles, the legally responsible parties in aviation accidents vary depending on what caused the accident.
Parties that may be held liable in an aviation accident:
- Owner of the aircraft
- Maintenance suppliers or manufacturers
- Aircraft operator
- Federal government
Liability of Manufacturer - Strict Liability
Strict liability refers to the legal responsibility of the manufacturer of an aircraft to the victim of an accident if proven that his/her injuries were caused by a defect in the product, which is the aircraft, or a component of the product.
Liability of Operator or Owner - Vicarious Liability
Aircraft operators and owners may be held liable for the damages suffered by injured parties if recklessness or carelessness is proven.
Injured parties may include the following:
- Passengers
- People on the ground
- Pilot
Under a legal theory called "vicarious liability", the owner may still be held legally responsible even if the aircraft was not being operated by him/her but by another person.
Comparative Fault
Comparative fault is where both the manufacturer and the pilot or owner are held liable for an aviation accident. The percentage of the liability that may be attributed to each of the defendants must be determined by the jury. Comparative fault are used by most states.
Liability of the Federal Government
If an aviation accident involves a collision, the federal government may also be held liable because air traffic control is a primary of the government through the Air Traffic Control System (ATC) which is under the Federal Aviation Administration's responsibility. In accidents like these, the ATC may be held responsible.
Liability of Common Carriers
Common air carriers (this includes commercial airlines) are governed by different, more precise standards than private carriers and it is under the responsibility of the Federal Aviation Administration. A thorough understanding of the complex rules and regulations of the FAA is needed to bring a successful aviation accident claim against a common carrier such as a commercial airline.