Although commercial airline crashes receive much media attention when they happen, smaller aircraft, which are used extensively in the local maritime and oil rig industries, are involved in 64 percent of aviation accidents, according to the National Transportation Safety Board (NTSB). Most of the accidents are caused by human error.
When you are injured in an aviation accident, your injuries will most likely be severe. Whether they are caused by pilot error, a manufacturing defect, or negligent behavior by an airport employee, you sustained a personal injury, and an experienced personal injury attorney could help you get compensated. A Gretna aviation accident lawyer works with insurers to negotiate settlements, but we do not tolerate lowball offers and will not hesitate to fight for the maximum in court.
Why Private Planes Crash
The NTSB compiles statistics and determines ways to make air transportation safer. Its analysis found that the most common private plane crashes are caused by:
- Pilots who lose control
- Incorrect instructions from the tower
- Failure of one or more of the aircraft’s systems
- Hitting an obstacle on the runway during takeoff or landing
- The aircraft has the wrong type of fuel or not enough for the flight plan
- Flying too low or violating any of the Federal Aviation Administration (FAA) regulations
Pilot error is the most common cause of aviation accidents, but lawyers in Gretna could examine many factors to identify who is at fault and why.
Assigning Blame for an Aviation Accident
Lawsuits can be filed for another party’s negligence, such as the pilot or airport employee, and against the airport or aircraft’s owner for vicarious liability, meaning the negligent person was under the direction or employ of the operation or owner. Lawsuits can also be filed against a manufacturer under a negligence claim when a system or part malfunctions or for strict liability, in which the manufacturer was not negligent, although responsible. The General Aviation Revitalization Act of 1994 protects manufacturers when the plane’s parts are at least 18 years old. A Gretna aviation accident attorney could assess whether the manufacturer carries responsibility in a particular case.
Negligence
The injured party’s attorney must prove each of the four factors making up negligence claim: duty, breach, causation, and damage. The accused is expected to perform assigned aviation duties as a reasonable and responsible person doing the same job. For example, a pilot must be licensed, knowledgeable, sober, aware of weather conditions, and ensure the aircraft is maintained. Failing in any of these acts is a breach of duty. The elements are established when that failure directly causes an aviation accident, and someone is injured.
Compensation
People injured because of another’s careless or reckless behavior have the right to be compensated for their losses. Compensation includes money the plaintiff pays, such as for medical care, and financial losses, such as wages, when they cannot work during recovery. They also have a right to compensation for harm without a price tag, such as the loss of enjoyment of life and living with a permanent disability. An attorney could determine how much a client’s claim is worth and allocate their efforts to getting it.
Speak With a Gretna Aviation Accident Attorney Today
We devote our law practice to helping the injured get what they are entitled to after someone’s negligence causes them harm. Aircraft injuries can include life-altering conditions such as brain, spinal cord, neck, and back trauma, broken bones, disfigurement, and burns.
These injuries take time to heal and are expensive to treat. The party or parties that cause them should pay. Our job is to hold them accountable to you and your family. A Gretna aviation accident lawyer could help after a traumatic experience. Learn how by scheduling a free consultation today.
