AIRPLANE ACCIDENT
Considering they’re so rare, airplane disasters always make the news regardless of where the aviation accident occurs in the world. The reason they’re seen as a tragedy is that they tend to cause deaths after plummeting from the sky. Compared to incidents of other vehicles, airplane passengers don’t stand much chance of surviving an airplane crash.
Just recently, we saw huge crashes in both Venezuela and Greece, which serve as constant reminders there is a danger to air travel. Back in 2005, nearly 160 people (passengers and crew) died after a plane crashed in a remote location in Venezuela. According to the investigation by National Transportation Safety Board that followed, both engines had mechanical problems, and the errors were only found after taking off.
Sadly, just two days before, technical problems killed over 100 passengers (around 40 children) after an airplane crash from a Greek commercial airline. In fact, there was also a second aviation accident in Venezuela five years after the first. After a Conviasa ATR-42 suffered maintenance failures, 15 people passed away, with a further 34 plane crash victims suffering personal injuries.
For the loved ones left behind, the news can be devastating, and the following court case needs to find negligence and liability against the guilty party. Whenever a high-profile incident like this takes place, airplane crash victims and their families need the very best aviation accident attorneys by their side, and this is what we offer at The Injury Firm.
Definition: Aviation Accident
If we look at the term ‘aviation accident,’ Annex 13 of the Convention of International Civil Aviation suggests it can be qualified as any incident involving aircraft where a serious personal injury occurs, the airplane becomes missing or inaccessible, or when the aircraft experiences structural failure.
As soon as the passengers step onto the plane with the intention of flying to their destination, the accountability begins and ends when the passengers disembark. In terms of potential aviation accidents themselves, aviation accidents cover any occurrence where the safety of the entire operation is jeopardized.
Common Causes of Airplane Accidents
Whenever an aviation accident of this magnitude occurs, the first factor to check will always be a manual error; did the airline pilot make a mistake? After this, they could occur due to the following;
Poor maintenance or lack of repair after spotting an issue
Failure of important components
Defects in the manufacture of the plane
Extreme weather
If we look across the last half-century, airplane pilot error has been the main cause of aviation accidents, and they lead the way by some margin. After this, mechanical failure can also cause airplane accidents.
Filing an Airplane Accident Claim
If the airplane incident DOES NOT involve a commercial airplane or airline, the personal injury claim process will be similar to that of a car accident. Commercial airplanes, have a much higher standard of care and can’t just let anybody on board without running through safety demonstrations and ensuring the aircraft has been maintained and checked extensively.
If an aviation accident takes place on a commercial airline carrier, the first distinction to make will be whether your flight is domestic or international. Thanks to the Warsaw Convention and Montreal Protocol, we now have two agreements that deal with international aviation accidents in a broad sense. Within these agreements, damage, and personal injuries to airline passengers fall into the responsibility of the commercial airlines due to an air traffic control error. Also, we should note these agreements cover the domestic legs of an international journey.
Ultimately, this means no airplane or helicopter crash victims will have to prove negligence in order to receive financial compensation after an aviation accident for their aviation accident cases. On the plus side, this makes the aviation accident claim easier, and you don’t have to fight just to be given a chance to prove your aviation accident case.
On the downside, there are limits to how much aviation accident victims can claim unless there’s a case for willful misconduct. Suppose you’ve been involved in an aviation accident or perhaps a family member passed away as a result of an airline accident. In that case, aviation accident lawyers will help to explain the process and how much you can claim.
With the two agreements we’ve seen, they have limits on all liability claims, so willful misconduct will need to be proven for anything more. With our help, you can gather the evidence and create a case that goes beyond the realms of most standard airplane accident cases. If proven, the limit from the agreements will disappear, and you can obtain as much compensation as you desire for your own personal injuries or the passing of a loved one.
Most recently, 1988 saw what came to be known as the Lockerbie Bombings in Scotland. After an explosion on a Pan American flight, the US federal court decided the limit was not applicable according to the two agreements because the airline didn't conduct proper anti-terrorism procedures and this was willful misconduct.
Taking Legal Action
When personal injury lawsuits have to find absolute negligence from one party or another for the aviation accident claims, this can be difficult after a plane crash or any other aviation accident case because the plane crash evidence can prove inconclusive. Does the liability fall with airline employees, the airline maintenance team, the manufacturer of the aircraft, or even the manufacturer of specific parts?
After you hire an aviation accident attorney from a law firm, such as The Injury Firm, they will assist you in proving negligence by investigating the details and looking at the airplane or helicopter crash from all possible angles. If necessary, aviation disaster experts can also be brought in to make a stronger aviation accident settlement case. If negligence can be proven in any direction, there are some important considerations to make, and your airplane accident lawyer will help you to make these decisions for your aviation accident claim:
Which is the best forum for the aviation accident trial?
Should federal or state law apply victims and their families?
Should the operator be sued, or perhaps the parts manufacturer, corporate officers, aircraft manufacturer, or the pilot?
How can liability be proven?
Which is the best way to recover compensation from breach of warranty, negligence, strict liability, or statutory provisions?
Can evidence from the airplane accident be preserved?
Whenever an airplane crash occurs, measures will be taken by your aviation lawyer to preserve all plane accident evidence. From here, they can conduct an extensive investigation and talk with medical professionals regarding the personal injuries you’ve sustained.
These days, the rarity of airplane crashes means that no company can ever be ‘experienced’ in dealing with the cases but being prepared for when the opportunity comes is pivotal. Over the years, we’ve researched and studied the area of aviation accidents extensively, so we have the knowledge you need to get the right compensation.
At first, it can seem as though everything is on top of you with no help, which is why a professional airplane accident lawyer can be so important to help aviation accident victims or surviving family members. With knowledge of what you need to do, as well as what you should avoid doing, The Injury Firm can represent your needs in the right way.
