In the modern world, travel by airplane is a normal part of life. It is statistically one of the safest methods of travel.
Although airplane accidents may be rare, when they do occur the results of the accident are typically deadly, unlike automobile, motorcycle or bicycle accidents. It is extremely rare for a large plane or a commercial airliner to be involved in an accident, although these tragic mishaps do happen. Smaller airplanes and helicopters are more likely to be involved in crashes than large commercial aircraft.
There can be many factors that are involved in an airplane accident giving rise to potential legal claims for injured parties or their families. Determining the cause of the incident can be difficult, but is critical because there are so many potential parties involved, including the pilot, the airport, the air traffic controllers, the manufacturer of the aircraft, the maintenance company for the aircraft, and the airline.
For example, an aircraft may have been poorly designed. Weather could have played a role. An airplane may even be old or poorly maintained, resulting in mechanical problems. Mechanical defects can be at fault, which could result from improper maintenance or because of defective parts.
Pilot error can also frequently be blamed for the accident. In some cases, air traffic controllers are responsible because they are not properly trained, or simply negligent in the performance of their duties.
Airplane accidents can be complex because they can involve a variety of laws, including both state and federal laws. Additionally, both the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) are responsible for oversight of aviation safety.
The NTSB investigates all airplane accidents that occur, and recommends changes to safety procedures involving aircraft.
The FAA is in charge of enforcing laws related to aviation. The FAA is also in charge of overseeing the operation, maintenance and manufacturing of all aircraft in the U.S.
Individual state laws may even play a role in airplane accidents.
Airplane crashes most frequently hurt the pilot and passengers of the airplane, but those on the ground can be hurt as well.
Attendees at an air show, airline workers, and others who get in the path of a crashing plane can be injured, and they have legal rights too.
Further, many people are injured each year by airplane in-flight problems. These injuries often occur, however, because of turbulence. Emergency evacuations can also result in injuries.
When an accident occurs, in some cases no one is at fault or can be held legally responsible, such as if the accident occurred because of a freak weather event.
However, more often one party or multiple parties can be held legally liable for an airplane crash.
Any litigation involving airplane accidents can be very complex. It requires an extensive knowledge of the federal and state laws at issue.
A thorough investigation must also be done, which involves a study of the experience and actions of the pilot and air traffic controllers, the weather, the maintenance of the aircraft, and how the airplane's systems and instruments were performing at the time of the crash.
At Liberty Law, Micha Star Liberty believes that any party responsible for an airplane accident should be held legally responsible for the accident, and should fully compensate the families of those injured or killed in the accident.
If you have been injured or if a loved one has been killed in an airplane or helicopter accident in the northern California area, including San Francisco, Oakland, Hayward, Fairfield or Tracy, contact Micha Star Liberty, Oakland personal injury attorney. She will be happy to help you with your case.
Call (510) 645-1000 or (415) 896-1000 for a free consultation.