What This Page Covers
- Legal Steps: Seek medical attention, document evidence, notify relevant parties, and contact an aviation accident attorney.
- Investigation Challenges: Jurisdictional issues, complex evidence collection, technical expertise required, and multiple parties involved.
- Compensation Types: Includes medical expenses, lost income, pain and suffering, loss of consortium, wrongful death damages, and punitive damages.
- Legal Expertise: Established in 1959, Byrd Davis Alden & Henrichson LLP has extensive experience in aviation accident cases and offers expert legal representation.
The clear skies of Texas offer many opportunities for personal aircraft activities and helicopter flights catering to tourists and for medical emergencies. Although airline travel is generally one of the safest modes of transportation, there are a number of incidents each year when commercial or personal aircraft encounter problems from a number of causes. Mechanical errors, weather, equipment failure or other difficulties, can all lead to tragic aviation accidents that more often than not result in fatalities.
The attorneys at Byrd Davis Alden & Henrichson, LLP, are highly regarded Austin aviation accident attorneys who have a long record of successful settlements in these catastrophic accidents. If you were injured or lost a loved one in an aircraft accident, call us today for a consultation at 512-454-3751.
What Causes An Aviation Accident?
An equipment malfunction can occur suddenly or it could appear as a result of lack of maintenance or from a defective part. Most airplanes are fixed-wing aircraft, meaning that they use a fixed wing with either a propeller or a jet engine, which is found on both commercial and personal airplanes. There are a number of things that can go wrong with these types of aircraft:
- Ice on the airframe
- Defects in design or the plane’s structure
- Failure to service or maintain
- Bird strikes
- Human or pilot error
- An error by an air traffic controller
- In-flight instrument or avionics failure
- Fueling errors
- Pilot inexperience
- Inclement Weather
- Violation of Federal Aviation Administration (FAA) regulations
Cockpit instruments such as altitude indicators and the autopilot can fail without warning. An air traffic controller has to follow certain air traffic control procedures or else collisions or runway mishaps can occur. A pilot or airline should be prepared for bird strike incidents to reduce their happenstance or the damage that can occur.
What Causes Helicopter Crashes?
Helicopters are unusual aircraft. They can fly vertically and at low altitudes, are essential in quickly airlifting critically ill or injured patients, otherwise known as “life flight,” and are commonly used in fighting fires and military missions. They are also highly complex machines and require sophisticated training and maintenance. Helicopter crashes occur during many different scenarios:
- Sightseeing tours
- Emergency airlifting
- Private contractors handling military operations
- Reporting on traffic conditions
- Chartered flights
Because of their unique nature, investigating a helicopter accident usually involves a more in-depth examination of the causes of an accident. Helicopter accidents occur from many different causes:
- Improper maintenance
- Poor pilot training
- Operating the aircraft in unsafe weather
- Failure to appreciate the aircraft’s limitations
- Electrical source malfunctions
- Faulty design components such as fuel tanks
- Inadequate testing
What Steps Should You Take After an Aviation Accident?
In the wake of an aviation accident, especially one involving commercial airlines or private jets, the days following are critical for both physical and legal reasons. Here are the essential steps to take in the days after an aviation accident:
Seek Medical Attention
Your health and safety are paramount. Even if you feel fine or have minor injuries, it’s crucial to undergo a thorough medical evaluation. Some injuries may not manifest immediately, and early detection can be crucial for your recovery.
Document Everything
Document the accident scene, injuries, and any conversations with witnesses to preserve evidence. Take photographs of the wreckage, your injuries, and any relevant visible details. Additionally, keep copies of all medical records, bills, and correspondence related to the accident.
Notify Relevant Parties
Report the accident to the appropriate authorities, such as the National Transportation Safety Board (NTSB) or the Federal Aviation Administration (FAA). Additionally, inform your insurance company about the accident and begin the claims process.
Contact an Aviation Accident Attorney
In complex cases like aviation accidents, legal representation is crucial. An experienced aviation accident attorney can guide you through the legal process, protect your rights, and ensure you receive fair compensation for your injuries and damages.
Avoid Making Statements
Refrain from making any statements to insurance adjusters or representatives from the airline or aircraft manufacturer without consulting your attorney first. Anything you say could potentially be used against you in the future, so it’s essential to have legal counsel present during any discussions.
Stay Informed
Stay informed about the progress of the investigation into the accident. Your attorney can help you understand the legal proceedings and provide updates on any developments in your case.
By following these steps in the days following an aviation accident, you can protect your health, preserve evidence, and ensure your legal rights are safeguarded as you seek compensation for your injuries and losses.
What Are the Challenges in Aviation Accident Investigations?
Aviation accidents are complex events that require thorough investigation to determine their causes and assign liability. However, several challenges often arise during the investigation and subsequent claims process.
Jurisdictional Issues
Aviation accidents can occur across international borders or in remote locations, leading to jurisdictional challenges. Determining which country’s laws apply and which authorities have jurisdiction over the investigation can be complicated, especially if multiple countries are involved. Coordination between different regulatory bodies and legal systems is essential to ensure a comprehensive investigation.
Complexity of Evidence Collection
Unlike car accidents, where evidence is typically confined to the scene of the collision, aviation accidents often involve extensive wreckage scattered over a wide area. Recovering and preserving evidence from aircraft debris, flight data recorders (black boxes), and other sources requires specialized equipment and expertise. Adverse weather conditions, rugged terrain, and underwater locations can further complicate the process of collecting evidence.
Technical and Scientific Expertise
Aviation accidents often involve complex technical and scientific issues related to aircraft design, maintenance, and operation. Analyzing flight data, engine performance, air traffic control communications, and other factors requires specialized knowledge and expertise. Investigators must rely on aviation engineers, meteorologists, forensic experts, and other professionals to interpret the data accurately.
Multiple Parties and Liability Issues
Aviation accidents typically involve multiple parties, including airlines, aircraft manufacturers, maintenance providers, and regulatory authorities. Determining liability and apportioning responsibility among these parties can be challenging, especially when disputes over fault or contributory negligence exist. Legal actions involving international air carriers or government entities may further complicate liability issues.
Legal and Regulatory Complexity
Aviation accident investigations and claims are subject to a complex web of international treaties, national regulations, and industry standards. Navigating this legal landscape requires specialized knowledge of aviation law and regulations. Additionally, victims and their families may face procedural hurdles, such as short filing deadlines and limited liability caps, which can impact their ability to seek compensation.
The National Transportation Safety Board (NTSB)
All aircraft accidents are investigated by the NTSB. Its representatives examine the aircraft’s maintenance history, air traffic control communications, weather, the aircraft itself, and the plane’s cockpit voice recorder and flight data recorder or black box. Pilot error accounts for the majority of airplane disasters so the pilot’s actions and training are also investigated. In nonfatal accidents involving fixed-wing aircraft of less than 12,500 pounds, and homebuilt aircraft, the NTSB may delegate the investigation to the FAA or Federal Aviation Administration.
Unfortunately, attorneys for the victims are not permitted to participate in the NTSB investigation. The NTSB will establish the probable cause for the crash but does not allocate blame on the parties who may have contributed to the accident. For these and other reasons, you will need a law firm that has the resources to uncover the causes and parties responsible for an aircraft accident and to hire credible experts to support causation and liability.
The Austin attorneys at Byrd Davis Alden & Henrichson, LLP, will work to preserve evidence. While we cannot participate in the NTSB investigation, our own investigators can conduct a parallel investigation, including interviewing any witnesses regardless of whether they have been questioned by NTSB investigators. Our experts will also review the cockpit voice recorder transcripts and ground track plots from FAA raw data, examine diagrams and reports, and review or produce our own computer-aided recreations.
Preventing An Aviation Accident
While federal law requires that interstate air carriers maintain at least $30,000 per person and $20,000,000 in insurance coverage, Texas, like most states, does not have mandatory liability insurance requirements. Still, most private carriers in Texas do possess coverage. Commercial airline disasters often occur either in international waters or in other countries.
Jurisdictional issues may arise that our attorneys will address, and they will undertake all efforts to see that your claim is handled in a U.S. court where the rules of evidence and damages generally favor victims and their families. International disasters may be governed by international law in which your claim may have to be litigated pursuant to the Montreal or Warsaw Conventions.
Obviously, you will need a law firm like Byrd Davis Alden & Henrichson, LLP, with attorneys who are familiar with international law as it applies to airline accidents. For victims of aviation accidents involving the military, you may face obstacles to receiving compensation. For example, you cannot sue the U.S. government or the military if you or your loved one is on active military duty.
You also cannot bring a negligence claim against contractors who provide services or materials to the military. Civilians, however, may bring claims depending on the contract status or relationship pertaining to the aircraft, including services that were outsourced to private companies.
What Types of Compensation Can You Pursue in an Aviation Accident Case?
When tragedy strikes in the form of an aviation accident, the consequences can be devastating for victims and their families. In addition to the physical and emotional toll of such incidents, survivors often face significant financial burdens due to medical expenses, lost income, and other related costs. Pursuing compensation through an aviation accident case can help alleviate some of these financial burdens and provide a sense of justice for those affected.
Medical Expenses
Aviation accidents often result in serious injuries that require immediate medical attention and ongoing treatment. Compensation can cover medical bills, hospitalization costs, rehabilitation expenses, prescription medications, and other healthcare-related expenses incurred as a result of the accident.
Lost Income
Compensation can help replace lost wages and income for victims who are unable to work due to their injuries. This includes both current lost income and future lost earning capacity if the victim is unable to return to work or must pursue a different career path due to their injuries.
Pain and Suffering
Aviation accidents can cause immense physical pain and emotional suffering for victims. Compensation for pain and suffering aims to provide financial relief for the physical discomfort, emotional distress, and mental anguish experienced by survivors as a result of the accident and their injuries.
Loss of Consortium
In cases where a victim’s injuries have a significant impact on their relationship with their spouse or family members, compensation may be awarded for loss of consortium. This type of compensation seeks to address the loss of companionship, support, and intimacy suffered by the victim’s loved ones.
Wrongful Death Damages
In cases where the aviation accident results in fatalities, surviving family members may pursue compensation through a wrongful death claim. Damages in wrongful death cases can include:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship
- Other related losses suffered by the victim’s beneficiaries
Working with experienced aviation accident attorneys who specialize in these types of cases can help victims and their families understand their rights, navigate the legal process, and pursue the full and fair compensation they deserve.
Punitive Damages
In some cases involving egregious negligence or misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future. Punitive damages are intended to serve as a deterrent and are typically awarded in addition to compensatory damages.
Choose Experienced Aviation Attorneys
The Austin aviation lawyers from Byrd Davis Alden & Henrichson, LLP, have unusually broad experience in aircraft crash litigation as well as personal experience in operating fixed-wing aircraft and helicopters.
We have lawyers with military aircraft experience, including helicopters; pilot instructor training; degrees in aeronautical science, and success in lawsuits against aircraft manufacturers such as Cessna Aircraft Co., Kaman Aerospace, Bell Helicopter, and Avco Lycoming among others.
Airplane and helicopter accidents demand legal representation from attorneys who can handle the complexities and unique issues found in these types of cases. Call Byrd Davis Alden & Henrichson, LLP, today for a no-cost, no-obligation consultation at 512-454-3751.
Some Of Our Notable Aviation Cases
Byrd Davis Alden & Henrichson, LLP, has represented victims of the following aviation accidents involving aircraft similar to those depicted.
