Texas Aviation Accident Lawyer

Who Can Be Held Liable in an Aviation Accident?

In every aviation accident there must be someone who is liable, and more than one party can be responsible at once. If you have been injured, your personal injury attorney will explain the best cause of action and who will be liable, but it is also important for you as a victim, to understand who may be held responsible for your injuries. Examples of parties that can be liable for an aviation accident are:

• Common Carriers: Common carriers are airlines or aircraft companies that open their flights out to the public as willing to carry all passengers who buy a ticket. Because of this willingness to host the public for transportation, common carriers are held to a higher standard of care than private carriers are. The FAA regulates common carriers and the strict standards that they must abide by.
• Private Carriers: Private carriers operate under less strict regulations than their common carrier counterpart. However, if you are the owner of the aircraft, you could be held personally responsible for the negligence of a pilot or a mechanic.
• Manufacturers: Manufacturers can be held liable for an accident if the claimant can prove that the cause of the accident was a defective product produced by the manufacturer. This is known as strict liability and it is meant to hold the manufacturer accountable for the products they produce.
• Owner/Operators: Aircraft owners/operators are often held liable when their negligent acts result in an accident. In private flight situations, the owner of the aircraft can be held liable for the negligence of the pilot through the theory of vicarious liability. Vicarious liability is when the employer is responsible for the acts of their employees.
• The Federal Government: If accident is caused by traffic control error, then the federal government can be responsible through the Federal Aviation Administration (FAA).

What Compensation Can I Recover in an Aviation Accident?

The same way multiple parties can be liable for an accident, multiple parties can also be entitled to compensation for the negligence of another. The most common party that is known to receive compensation in an aviation accident are the passengers, but other parties such as the pilot, flight attendants, and people on the ground affected by the accident may receive compensation for their injuries. In a personal injury action, a plaintiff can recover several types of damages including:

• Medical Costs: You can receive compensation for both current and future treatment for injuries resulting from the crash. Treatment costs include anything related to your injury such as hospital bills, physical therapy, ad prescription drugs. If a loved one has been injured or killed in an accident you may also be entitled to compensation to cover their medical expenses.
• Lost Income: Catastrophic aviation accidents can cause you to miss an extended amount of work or render you incapable of doing work. You can receive compensation that covers any wages that you lost because of your injuries. You may also be entitled to any future lost wages that are reasonably certain to occur.
• Property Damages: You can recover the fair market value for all property lost in a personal injury accident.
• Pain and Suffering: Pain and suffering damages can be recovered if your injury from the accident results in severe pain or discomfort. This can be for pain and suffering during and after the accident.
• Loss of Enjoyment of Life: Compensation for loss of enjoyment is an attempt to compensate the injured party for things that they can no longer enjoy like hobbies and day-to-day activities.
• Loss of Future Financial Support and Household Contributions: If a loved one dies in an aviation accident you can be entitled to lost future support from them as well as the costs for a funeral and emotional anguish.
• Loss of Consortium:  These damages apply to wrongful death aviation accident cases when a loved one has passed away due to injuries related to the aviation accident. They are intended to compensate for the loss of companionship when a loved one passes away.

Types of Aviation Accidents We Handle

Our team of experienced aviation accident lawyers is equipped to handle a wide variety of aviation-related incidents. These accidents can arise from numerous causes, and understanding the root of the issue is critical for pursuing justice and fair compensation. Below is a list of the types of aviation accident causes we handle:

• Pilot Error: Mistakes made by the pilot during flight operations, navigation, or decision-making.
• Mechanical Failures: Malfunctions or defects in aircraft components, including engines, landing gear, or instrumentation.
• Air Traffic Control Negligence: Errors made by air traffic controllers, such as miscommunication or failure to provide proper guidance.
• Poor Aircraft Maintenance: Negligence in performing required inspections or repairs, leading to unsafe conditions.
• Weather-Related Accidents: Accidents caused by severe weather conditions, such as turbulence, storms, or wind shear.
• Runway Incidents: Issues such as runway incursions, poor lighting, or debris on the runway.
• Design Defects: Faults in the aircraft’s design that result in safety hazards or operational failures.
• Fuel System Failures: Problems such as fuel contamination or leaks leading to engine shutdowns or fires.
• Bird Strikes: Collisions between aircraft and birds, which can cause engine damage or structural harm.
• Mid-Air Collisions: Accidents involving two or more aircraft coming into contact while in flight.
• Helicopter Crashes: Incidents specific to helicopters, often due to mechanical issues, pilot error, or challenging conditions.
• Private and Charter Flight Accidents: Accidents involving smaller aircraft, which may face different risks compared to commercial airliners.
• Commercial Airline Disasters: Catastrophic failures or crashes involving major airlines.

Each aviation accident is unique, and our team is dedicated to uncovering the specific cause and holding the responsible parties accountable. If you or a loved one has been affected by any type of aviation accident, we are here to provide knowledgeable and compassionate legal support every step of the way.

Our Texas Aviation Accident Lawyers Offer FREE CONSULTATIONS

Call Our Texas Aviation Accident Lawyers Today!

Our aviation accident lawyers here at Thompson Law are committed to getting you the compensation you deserve when you get injured in an aviation accident. Dealing with an aviation accident is something that you do not have to do alone, and our Texas aviation accident lawyers will assist you every step of the way.

Our aviation accident lawyers never charge an hourly rate, and there are no fees unless we get a settlement for you. If we are not able to obtain a settlement on your behalf for any reason, you will not owe our law firm anything. Call us today for a FREE CASE EVALUATION.

Aviation Accident FAQs

What Are Your Legal Rights Following an Aviation Accident?

After an aviation accident, you have several legal rights designed to protect you and ensure fair compensation for any losses or injuries suffered. These rights may vary depending on the specific circumstances of the accident, such as whether it involved a commercial or private aircraft, and the jurisdiction governing the case.

You may have the right to file a claim for compensation against the airline, aircraft manufacturer, or other responsible parties if negligence or fault can be proven. This could include damages for medical expenses, lost wages, pain and suffering, and other related losses.

Additionally, international laws like the Montreal Convention may apply if the accident occurred during international travel, offering standardized protections for passengers. It’s important to consult an experienced aviation attorney to understand your rights and the legal options available to you.

Where Should I File My Airplane Crash Lawsuit?

Deciding where to file a lawsuit following an airplane crash requires a thorough evaluation of numerous variables to ensure the strongest possible legal case. Factors influencing this decision can vary greatly depending on the unique details of each incident and the individual circumstances of those affected.

Experienced aviation accident lawyers carefully assess elements such as the demographics and tendencies of potential jurors in the region, applicable state laws and limits on damages, the proximity and availability of key witnesses, and the jurisdiction that allows for the most comprehensive compensation for the injuries sustained.

How Much Does It Cost to Hire a Skilled Aviation Accident Attorney?

The cost of hiring a skilled aviation accident attorney can vary depending on the complexity of the case, the attorney’s experience, and the fee structure they use. Our aviation attorneys work on a contingency fee basis, which means we only get paid if we successfully recover compensation for you. This fee is a percentage of the final settlement or award. Other potential costs, such as court fees, expert witness fees, and investigation expenses, may also arise during the legal process.