Who Is Legally Responsible for an Aviation Accident?

Aviation litigation is complex and involves many potential theories of liability under state, federal, and international law. There may be one or more defendants and a number of different courts in which a trial may take place. To hold someone legally responsible for an aviation accident, you must be able to demonstrate that the person responsible failed to meet an industry-standard related to the operation of the aircraft, engineering, or specific regulatory issues. 

Keep in mind that aviation accident law covers both major air carriers and general aviation accidents. General aviation includes all non-commercial aircraft, including small planes, jumbo business jets, charter flights, pleasure crafts, helicopters, and hang gliders. 

Our team at Hamilton Wingo is prepared to take on cases involving both major carriers and general aviation accidents. We can perform a comprehensive investigation to identify all potential avenues of liability.

Depending on the circumstances, one or more of the following parties could be liable for an aviation accident:

• The pilot. Human error remains a significant cause of crashes in both commercial and general aviation. We can investigate whether the pilot in command, whether an airline captain or a recreational flyer, succumbed to fatigue, lacked necessary training, operated the aircraft while intoxicated, or made reckless decisions during adverse weather.
• The airline or aircraft owner. Liability can extend beyond the cockpit. We can work to hold major commercial carriers, charter companies, and private aircraft owners accountable for negligent hiring, inadequate safety protocols, or pressuring crews to fly in unsafe conditions to maintain schedules.
• Aircraft and parts manufacturers. Design flaws or manufacturing defects can cause catastrophic mechanical failures. We can pursue product liability claims against airframe, engine, and component manufacturers when a defective system causes a tragedy.
• Maintenance and repair facilities. Third-party maintenance providers must inspect and repair aircraft to exact specifications. We can examine maintenance logs to find evidence of shoddy workmanship, missed inspections, or the use of substandard parts that compromised the airworthiness of the plane.
• Air traffic control (ATC). Controllers manage the flow of aircraft to prevent collisions and guide pilots through dangerous sectors. When federal controllers make critical errors in judgment or communication, we can work to hold the government accountable.
• Flight Service Station (FSS) Employees. Pilots rely on Flight Service Stations for important pre-flight and in-flight weather briefings and airspace updates. We can scrutinize the data provided to the cockpit to determine if FSS personnel omitted essential storm warnings or provided inaccurate aeronautical information that led or contributed to an accident.
• Airport owners and operators. Hazards on the ground, such as poorly maintained runways, lighting failures, or security breaches, can lead to serious accidents. We can investigate whether the airport authority failed to maintain a safe environment for takeoff, landing, and ground operations.

If you or someone you love has been injured or killed in an aviation accident, call (214) 234-7911 or contact us online today to learn more about our firm’s deep aviation litigation experience and our passion for protecting our clients. We are confident we have the experience and knowledge necessary to provide effective advocacy in these cases.