Aviation Accidents: Causes, Liability, and Legal Options for Victims
Our Houston Aviation Accident Lawyers Fight for Victims in Texas and Nationwide
Aviation accidents are among the most devastating and complex cases in personal injury and wrongful death law. Whether involving a major airline crash, a private plane accident, or a helicopter crash, these incidents often result in catastrophic injuries and significant legal challenges. Determining liability requires in-depth investigations, expert analysis, and extensive legal knowledge.
At Smith & Hassler, our experienced Houston aviation accident attorneys help victims and their families seek justice and financial compensation after an aviation disaster. Here’s what you need to know about the common causes of aviation accidents, the legal framework for pursuing a claim, and the rights of victims under U.S. law.
Types of Aviation Accidents
Aviation accidents can occur in a variety of settings, ranging from large commercial airline crashes to private aircraft incidents. Each type of accident presents unique risks, legal challenges, and liability considerations.
1. Commercial Airline Accidents
These are the most high-profile aviation disasters, often involving major airlines, large passenger jets, and international flights.
2. Private Plane Accidents
Small, privately owned aircraft are frequently involved in aviation crashes due to factors like pilot inexperience, poor weather conditions, or mechanical failures. Unlike commercial airlines, private pilots may not be subject to the same rigorous training and regulatory oversight, increasing the risk of accidents.
3. Helicopter Crashes
Helicopters are more vulnerable to crashes due to their complex mechanics and the nature of their flight operations, which often involve lower altitudes and confined landing zones. Common causes of helicopter crashes include mechanical malfunctions, pilot error, weather-related issues, and mid-air collisions. These accidents can occur in urban settings, wilderness areas, or during emergency medical transport.
4. Offshore Helicopter Accidents
Offshore helicopter flights are commonly used to transport workers to and from oil rigs, offshore wind farms, and remote locations. These flights operate in challenging environments with high winds and rough seas, increasing the risk of crashes. Liability may involve helicopter manufacturers, maintenance crews, or the energy companies employing the workers.
5. Oil Rig Transport Accidents
Workers in the oil and gas industry often rely on helicopters and small aircraft to travel between offshore rigs and mainland facilities. These flights face unique hazards, such as unpredictable weather, difficult landing conditions, and aircraft fatigue from repeated use in harsh environments. Legal claims may involve multiple parties, including employers, transport companies, and aircraft manufacturers.
6. Airport Accidents
Not all aviation accidents involve crashes. Many injuries occur on the ground at airports due to incidents like jet bridge collapses, baggage cart collisions, slip-and-fall accidents, and accidents involving ground crew vehicles. Passengers and airport employees injured in these incidents may have claims against the airline, airport operators, or third-party service providers.
7. Mid-Air Collisions
Collisions between aircraft, whether between two planes or a plane and a helicopter, are rare but catastrophic. These accidents often result from miscommunication between pilots and air traffic control, mechanical failure, or violations of aviation regulations. Investigations can determine whether pilot negligence, air traffic control mistakes, or equipment malfunctions played a role.
8. Charter Plane Crashes
Charter flights, often used for business travel, tourism, or private excursions, can be just as risky as private plane flights. These flights may be operated by small charter companies that lack the safety standards and rigorous oversight applied to major airlines. Legal claims may be pursued against the charter operator, pilot, or aircraft manufacturer.
9. Drone and UAV (Unmanned Aerial Vehicle) Accidents
With the rise of drone technology, collisions between drones and manned aircraft are becoming a growing concern. Drones interfering with flight paths or colliding with commercial aircraft can cause serious damage. Liability in drone-related aviation accidents may involve drone operators, manufacturers, and regulatory agencies.
Common Causes of Aviation Accidents
Aviation accidents can result from various factors, including human error, mechanical failures, and environmental conditions. Some of the most frequent causes include:
1. Pilot Error
Despite advancements in aviation technology, human error remains the leading cause of aviation accidents. Pilot mistakes can include:
- Miscalculating altitude or approach
- Failing to properly navigate adverse weather conditions
- Misinterpreting air traffic control instructions
- Fatigue or impairment from alcohol or medication
2. Mechanical Failures and Defective Parts
Aircraft are complex machines that require regular maintenance and properly functioning parts. Mechanical failure can be due to:
- Design defects in aircraft components
- Faulty repairs or improper maintenance
- Manufacturer errors leading to defective parts
- Failure to follow proper safety protocols during maintenance
3. Air Traffic Control Negligence
Air traffic controllers play a crucial role in keeping flights safe by guiding pilots and managing aircraft spacing. Mistakes such as miscommunications, improper routing, or failure to warn pilots of hazards can lead to mid-air collisions or crashes during takeoff or landing.
4. Poor Weather Conditions
Severe weather, including storms, turbulence, fog, and wind shear, can create hazardous flight conditions. While pilots and airlines are trained to handle weather-related challenges, failure to take proper precautions can result in tragic consequences.
5. Runway and Airport Issues
Many accidents occur on the ground due to:
- Poor runway maintenance
- Faulty airport lighting and signage
- Ground crew miscommunications
- Bird strikes and other runway hazards
6. Fuel Issues
Aviation accidents can also occur due to fuel-related issues, such as:
- Contaminated fuel leading to engine failure
- Mismanagement of fuel levels
- Leaks or fuel tank malfunctions
Each of these causes requires extensive investigation to determine what went wrong and who may be liable.
Who Can Be Held Liable for an Aviation Accident?
Aviation accident liability can be complex, as multiple parties may be responsible for the crash. Potentially liable parties include:
1. Airlines and Charter Companies
Airlines have a legal obligation to ensure passenger safety. If an airline fails to maintain its fleet properly, employs negligent pilots, or does not follow safety protocols, it can be held liable for an accident.
2. Aircraft and Parts Manufacturers
The manufacturer may be responsible if an aviation accident is caused by a defective part, such as a malfunctioning engine, navigation system, or landing gear. Lawsuits against aviation manufacturers typically fall under product liability law.
3. Pilots and Flight Crews
Pilot negligence, such as operating under the influence, failing to follow proper procedures, or making critical misjudgments, can lead to liability. Flight attendants and crew members may also be responsible if their actions contributed to the accident.
4. Air Traffic Controllers and the FAA
Air traffic controllers can be held responsible if they fail to guide an aircraft properly. In some cases, the Federal Aviation Administration (FAA) may also be liable for failing to regulate air travel effectively or allowing unsafe conditions to persist.
5. Maintenance Crews and Service Providers
Airplane maintenance crews, fueling services, and airport operators can also share liability if improper servicing, fueling errors, or runway obstructions contributed to the crash.
Legal Options for Aviation Accident Victims
Victims of aviation accidents and their families have legal options to seek justice and financial compensation. Depending on the circumstances, they may pursue:
1. Personal Injury Claims
Survivors of aviation accidents can file personal injury claims against the responsible parties to recover compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Disability and rehabilitation costs
2. Wrongful Death Claims
If an aviation accident results in fatalities, the victim’s family can file a wrongful death lawsuit to seek compensation for:
- Funeral and burial expenses
- Loss of financial support
- Emotional distress and loss of companionship
3. Product Liability Lawsuits
When a defective aircraft component contributes to a crash, victims can file a product liability lawsuit against the manufacturer or distributor of the faulty part.
4. Claims Against the Government
If negligence by a government agency (such as the FAA or a municipal airport authority) contributed to the crash, victims may file a claim under the Federal Tort Claims Act (FTCA). However, these claims often involve strict filing deadlines and legal requirements.
How Airlines and Insurers Fight Back Against Aviation Accident Claims
Aviation accident claims are often met with fierce resistance from airlines, insurance companies, and even government agencies. These entities have deep pockets and dedicated legal teams whose primary goal is to limit their financial liability.
Common tactics used to undermine claims include:
Blaming Pilot Error
Airlines and their insurers frequently attribute crashes to pilot mistakes rather than mechanical failures or corporate negligence. While pilot error can be a factor, it’s often used as a scapegoat to deflect liability from the airline or manufacturer.
Delaying the Investigation
Aviation accident investigations can take months or even years. During this time, insurers may slow-walk settlements, hoping victims will accept a lower payout or even give up on their claims.
Disputing Jurisdiction
Aviation law is complex, especially when international flights are involved. Airlines may argue that cases should be heard in jurisdictions with less favorable laws for victims, making it harder to win fair compensation.
Minimizing Injuries and Losses
Insurers often challenge the severity of injuries, arguing that victims don’t need as much compensation as they claim. In wrongful death cases, they may attempt to limit damages by questioning the deceased’s expected future earnings or financial contribution to their family.
Pushing Quick, Lowball Settlements
In the aftermath of an accident, victims and families may be struggling financially. Insurance companies exploit this vulnerability by offering settlements far below what victims are truly owed, hoping they’ll accept before realizing the full extent of their damages.
Hiding Behind Government Protections
Some entities, such as the FAA or military contractors, may claim immunity from lawsuits, making it difficult to hold them accountable. Government agencies also play a role in aviation investigations, and while their findings are valuable, they may not always prioritize the interests of victims.
Will Your Aviation Accident Case Go to Trial?
One of the most common questions victims and their families have after an aviation accident is whether their case will go to trial. While many aviation accident claims are resolved through settlements, some do proceed to court. The outcome depends on several factors, including the complexity of the case, the willingness of the responsible parties to negotiate, and the jurisdiction where the claim is filed.
Factors that determine whether a case goes to trial include:
Strength of the Evidence
Insurers and airlines may prefer to settle rather than risk a jury verdict if there is overwhelming evidence of negligence. However, if liability is disputed, the case is more likely to go to trial.
Willingness to Settle
Some defendants, particularly large airlines and manufacturers, may aggressively fight claims to set a precedent that discourages future lawsuits. Others may opt for a confidential settlement to avoid bad publicity.
Jurisdiction and Legal Strategy
The location where the case is filed can impact the likelihood of a trial. Some jurisdictions are known for being more favorable to plaintiffs, making settlement more attractive for defendants.
Damages Being Sought
If a case involves substantial compensation claims for medical expenses, lost wages, or wrongful death, the defendant may be less willing to settle quickly.
International Complications
If the accident involved an international flight, the case could be subject to treaties like the Montreal Convention, which affects where claims can be filed and the amount of compensation that can be pursued.
Where Would Your Case Be Heard?
Aviation accident claims can be filed in different courts depending on various factors, including where the crash occurred, the airline’s home country, and the victim’s residency. Possible venues include:
- State or Federal Courts in the U.S. – If the accident occurred on a domestic flight or involved a U.S.-based airline, the case may be heard in federal or state court.
- International Courts – If the crash happened on an international flight, the Montreal Convention may dictate which country has jurisdiction.
- Multidistrict Litigation (MDL) or Class Actions – In cases involving multiple victims, claims may be consolidated in one federal court for efficiency.
- Arbitration or Alternative Dispute Resolution (ADR) – Some airline contracts include arbitration clauses, which can limit a passenger’s right to take their case to court.
How Our Houston Aviation Accident Lawyers Can Help
Aviation accident cases require extensive resources, expert testimony, and thorough legal analysis. An experienced aviation accident lawyer can:
- Investigate the crash by gathering black box data, flight logs, and maintenance records
- Work with aviation experts to reconstruct the accident and determine fault
- Handle complex litigation against airlines, manufacturers, and government agencies
- Negotiate settlements to maximize compensation for victims and their families
- Take the case to trial if a fair settlement cannot be reached
At Smith & Hassler, our aviation accident attorneys have the experience, knowledge, and resources needed to take on complex aviation cases.
Contact Smith & Hassler for a Free Consultation
Don’t wait to take legal action if you or a loved one has been injured in an aviation accident. The laws surrounding aviation accidents are complex, and waiting too long can affect your ability to recover compensation.
Contact Smith & Hassler today for a free consultation. Our team is ready to fight for you and help you seek the justice you deserve.
Click here for a printable PDF of this article, “Aviation Accidents: Causes, Liability, and Legal Options for Victims.”