A vast majority of aviation accidents that result in injuries and casualties involve commercial and private planes. Small personal aircraft are most commonly involved in crashes. However, commercial airlines occasionally have significant accidents resulting in fatalities. They also have injuries from turbulence and other issues that may take place during a flight. At The Krist Law Firm, P.C. our Houston aviation injury lawyers are ready to help you pursue compensation for your injuries or the loss of a family member in an accident or crash.

the-krist-law-firm-pc-maritime-accident-attorneys-houston-txWe are also here to help with more than plane accidents. Our aviation litigation experience includes representing individuals or families in accidents that involved other types of aircraft like helicopters and hang gliders. We also have experience with aerospace incidents and casualties, including the Apollo 1 fire, the Space Shuttle Challenger disaster, and the Space Shuttle Columbia disaster.

Whether you were attempting a new hobby, an airline passenger, an astronaut, or a surviving family member, we want to help you obtain the compensation you deserve under the law.

Contact us online or call 281-283-8500 to schedule your initial consultation.

Table of Contents

Common Causes of Aviation Accidents

The pilot of a plane is the individual most responsible for the safety of the passengers and crew during a flight. The pilot’s experience and decisions are what keep a flight on course, avoiding dangerous incidents. Unfortunately, a pilot’s mistake or carelessness is the most common cause of accidents. If a pilot does not keep a close eye on essential data during a flight or follow proper procedure such as how to act during poor weather, they may be responsible for an accident and its consequences.

Before a pilot can take over and be responsible for a flight, the plan must be designed, assembled, and maintained. If any part or system within the aircraft was not properly designed, manufactured, assembled, or cared for, then the resulting risk of a crash could be devastating to the passengers and crew.

An aircraft may have started out safe and in proper working order only to become more dangerous over time. Airplanes of all sizes require consistent inspects and maintenance to prevent defects or a system failure.

Sometimes aviation accidents result from improper information being relayed to a pilot by air traffic control. Without all of necessary and accurate data, pilots can end up in situation in which it is impossible to avoid an accident.

Liability for an Aviation Accident Based on Negligence

The reasons for an aviation accident also influence the type of legal claim you may use to seek compensation. One theory of liability you may rely on is negligence within a personal injury or wrongful death claim.

If you are seeking compensation based on negligence, you and your legal team must prove:

  • The party’s duty of care toward you
  • The party breached its duty of care
  • The breach of its duty resulted in an your injury
  • You suffered a compensable injury

During a personal injury claim, you can ask for compensation for:

  • Medical expenses
  • Loss of earning capacity
  • Physical limitations
  • Disfigurement
  • Physical pain
  • Mental anguish

Compensation from a wrongful death claim is different. In this type of claim, you are not seeking damages for your loved one’s injuries prior to their death. You are asking for damages for your injuries as a result of losing a family member.

You may ask for:

  • Medical expenses
  • Funeral expenses
  • The loss of your loved one’s financial contributions
  • Loss of companionship
  • Mental anguish

Product Liability in Aviation Accidents

Instead of a negligence-based personal injury claim, you may have a product liability claim against the air craft designer, manufacturer, or seller. This is appropriate if you believe a defective or dangerous part or aircraft was responsible for your injuries and not an individual’s carelessness or recklessness.

Under a product liability claim, you may allege there was a design, manufacturing, or warning defect. Design and manufacturing defects are most common. Additionally, a product liability claim can be based on various theories of liability, including negligence, breach of warranty, or strict liability.

Frequently Asked Questions About Aviation Accidents

What are the main causes of most aviation accidents?

There are a few main causes of most aviation accidents, including:

  • Pilot error
  • Mechanical failure
  • Weather
  • Design defect or failure
  • Runways defects or issues
  • Air traffic control error 

Are there different types of aviation accident cases?

Yes. There are aviation accidents that occur while traveling via a commercial aircraft – and then there are those that occur while traveling on a private jet. General laws and rules must be followed by both, but additional legal standards must be followed by commercial aircraft.

Determining who is at fault and who will be subject of the lawsuit varies as well due to many factors. Having an experienced aviation accident attorney on your side can be incredibly beneficial in determining the best course of legal action.

What type of compensation can I receive after an aviation accident?

The damages you may be able to receive compensation for will vary based on the circumstances and your injuries. However, it is not uncommon to seek compensation for the following:

  • Past and future medical expenses
  • Past and future lost earnings
  • Past and future pain and suffering
  • Disability
  • Disfigurement
  • Wrongful death

Having an attorney review your case will help you gain a clearer picture of what financial compensation you may be able to receive due to the crash. 

Who is Responsible for an Aviation Accident?

The party responsible for compensating you for your injuries or loss depends largely on why the accident took place. If you were involved in an accident, whether or not it was a plane crash, or you lost a family member in an incident, contact our experienced Houston aviation accident lawyers right away. Your situation requires an independent, in-depth investigation to determine what happened, why it happened, and who is liable for compensating you.

Liability for an aviation accident also may depend on whether it was a private or commercial flight. During a commercial flight, you are most likely to handle the claim with the airline, since it is likely responsible for numerous aspect of the aircraft and flight, including the pilot or maintenance personnel’s conduct. However, an accident involving a personal or private aircraft is more likely to be an individual’s responsibility. For instance, if you were injured due to pilot error and the pilot owned the small aircraft or was an independent contractor, then you are more likely to file a claim against that person.

International Plane Crashes

It is common for jurisdictional questions to arise from an international plane crash. The airline may be headquartered in one country, while the flight took off from another nation, only to have an accident in a third country. When an international plane crash touches so many different authorities, which may not include the U.S., there are questions of where you and other victims should file your legal claims and which country’s law controls the incident. It may not be possible to sue the responsible party stateside. Bringing a lawsuit in another country is difficult and may be eye-opening as to how unique legal systems can be. The legal process may be considerably different in another country.

Additionally, when you must file a claim in another country, the law controlling your situation may not be that country’s analogous personal injury or wrongful death statutes, which would apply if you were part of a domestic flight within that nation. Your right to seek compensation for your injuries or loss may be governed by an international treaty, such as the Montreal Convention.

If you were hurt or lost a loved one in an international plane crash, speak with the experienced Houston aviation accident lawyers of The Krist Law Firm, P.C. as soon as possible to learn about jurisdiction and controlling law in relation to your situation.

The Montreal Convention

As of June 2016, 120 countries were part of the Montreal Convention, including the U.S., Canada, the U.K., and Mexico. This convention controls your personal injury and wrongful death claims after being in an international plane crash. It provides guidance on where you can file a claim, who can be held liable for the crash, and governs the type and amount of compensation you can gain.

An important provision of this convention is that it entitles you to file a claim where you live. If you were involved in an international plane crash overseas, you will not have to deal with lawyers and lawsuits in other countries. If the Montreal Convention applies to your situation and the responsible air carrier does business in the U.S., you can file a claim in Texas.

To hold the air carrier responsible, you and your attorney must prove that there was an accident, it occurred between embarking and disembarking, and that you suffered a bodily injury or death.

Due to the Montreal Convention, air carriers are strictly liable for provable damages up to 100,000 special drawing rights (SDR), which is a type of asset, like a currency, created and regulated by the International Monetary Fund. An SDR represents a right to currency by a participating country and has an exchange rate with the U.S. dollar. Only when the damages you seek are more than 113,100 SDR can the airline seek to prove it was not negligent and therefore not responsible for your injuries or loved one’s death.

Damages You Can Seek Under the Montreal Convention

You have a right to seek compensation related to your injury or a loved one’s death under this convention, such as medical expenses, funeral costs, and loss of earning capacity or income from the decedent. You can also seek damages for physical pain and mental anguish. You will need to provide evidence of your damages to recover compensation. You cannot recover for a psychiatric injury that is not connected to a physical injury. Therefore you can only recover compensation for your mental anguish and suffering related to your physical injuries from the crash. Additionally, punitive damages, those that seek to punish instead of compensate, are not allowed.

Private Plane Accidents

The National Transportation Safety Board reported that private planes are more dangerous than any other vehicle accounted for in the general aviation category, which included all domestic flights except commercial planes. In 2015, there was nearly one death for every 100,000 hours of flight. That rate was lower than it had been for year; however, it still resulted in 376 fatalities and 1,209 crashes.

There are a number of reasons why private planes crash, including:

  • Pilot’s lack of training or necessary certification
  • Pilot inexperience
  • Pilot error
  • Pilot loss of control
  • Collision with terrain or a structure
  • Bad landings
  • Pilot intoxication
  • Design defective
  • Defective part
  • Lack of or improper maintenance
  • Running out of fuel
  • Maintenance personnel’s lack of training
  • Flying in poor weather conditions
  • Air traffic control error or miscommunication

Responsibility for a crash can come back to many individuals and businesses such as those responsible for designing, building, maintaining, and flying private planes. Depending on what investigators and your attorneys find out, you may need to file a claim against:

  • The aircraft designer
  • The designer of a specific part within the plane
  • The manufacturer of a part of the plane
  • The craft’s maintenance provider
  • The plane’s owner
  • The pilot
  • Air traffic control

If you have suffered private plane crash injuries, contact us today for legal help.

How Our Houston Aviation Injury Lawyers Can Help

If you’ve been injured in an aviation accident, call The Krist Law Firm, P.C. at (281) 306-5723.

Aviation accidents can quickly become complex, whether they involve a commercial airliner or a small personal aircraft. If you were injured or lost a loved one in such an accident, reach out to the experienced Houston aviation accident lawyers at The Krist Law Firm, P.C. as soon as possible.

We have extensive experience with all types of aviation accidents, work closely with state and federal authorities, and know how to find the right expert witnesses for your case.

To learn more about how we can help you pursue the compensation you deserve, contact us online or call 281-283-8500 to schedule an initial consultation.