Airplane accidents are not as common as other types of accidents, but when they do happen, they can be catastrophic. They often result in devastating injuries and fatalities. If you or a loved one has been involved in an airplane accident, knowing what to do next can be overwhelming and confusing.
Personal injury cases involving airplane accidents are unique in many ways. There are several factors involved that make these cases different from any other accidents. In this blog post, we will explore these factors and provide you with some useful information to help you understand what makes these cases unique.
One of the primary issues that arise in personal injury cases involving airplane accidents is jurisdiction. Airplane accidents are often international in nature, meaning that they can occur in one country, but involve passengers and crew members from different countries. This makes it difficult to determine which laws and regulations should apply to the case.
First, the location of the accident is a crucial factor. If the accident occurred within the territorial boundaries of a country, that country's laws usually apply. However, if the accident happened over international waters, international conventions, like the Montreal Convention or the Warsaw Convention, may come into play depending on the countries involved.
Second, the domicile or residence of the injured parties and the pilot can also influence jurisdiction. For instance, a U.S. citizen involved in an accident overseas might be able to bring a lawsuit in the U.S., particularly if the airline is U.S.-based or does significant business in the country.
Another factor that makes airplane accidents unique is the complex technical evidence involved. Investigating an airplane accident requires specialized knowledge and expertise. It involves analyzing data from a black box, reviewing air traffic control records, and examining the aircraft wreckage. All of this information can be overwhelming for the average person to understand. As a result, it is important to hire an experienced attorney who has the resources and knowledge to handle these types of cases.
In addition to your lawyer, you may also need the help of expert witnesses. One predominant figure is an airplane design and operation expert. They have comprehensive knowledge about how an airplane is built and how it operates. This allows them to identify whether a design flaw or operational error contributed to the accident.
In addition, a meteorologist may also be an invaluable witness. Weather conditions play a substantial role in aviation safety. A meteorologist can assess whether adverse weather was a factor in the accident and if the flight should have been grounded due to the conditions.
Finally, a human factors expert could also be beneficial. They study how people interact with technology and can offer insights about whether human error or a failure in the interaction between the crew and the aircraft's systems could have led to the incident.
Airplane accidents often involve multiple parties, including the airline, the aircraft manufacturer, maintenance personnel, and air traffic control. It can be challenging to determine who is responsible for the accident and to what extent. This can make it difficult to determine how much compensation you are entitled to.
The airline might be held responsible if they failed to train their pilots, follow safety regulations, or perform necessary maintenance on the aircraft. If poor decisions or actions by the flight crew led to the accident, the airline could be held liable since employees' actions are generally imputed to their employers.
Additionally, air traffic controllers could potentially be implicated if it's shown that errors in their directions or a failure to correctly interpret the flight situation contributed to the accident.
On the other hand, the aircraft's manufacturer may be found at fault if a design or manufacturing defect in the aircraft or one of its components contributed to the accident, and in some cases, the company responsible for maintaining the aircraft could also be held liable if improper maintenance practices played a role in the incident.
Airplanes are expensive machines and are typically insured for significant amounts. However, insurance companies' coverage regulations are not always simple, and the presence of multiple insurance providers can create further complications. Many of the critical issues that arise in airplane accidents, such as insurance coverage and liability assessment, need the expertise of experienced aviation lawyers.
Despite the complexities of airplane accident cases, claimants need to file lawsuits within a reasonable period. There is a statute of limitations for personal injury claims, and it varies from one jurisdiction to another. In some cases, the limitation period could be as little as a year, requiring immediate research and careful evaluation of the circumstances of the accidents.
Airplane accidents can cause not only physical injuries but also emotional trauma. Survivors may experience post-traumatic stress disorder, anxiety, and depression. These injuries can be just as debilitating as physical injuries.
Personal injury cases involving airplane accidents are complex and require specialized knowledge and experience. If you or a loved one has been involved in an airplane accident, it is important to hire an attorney who has experience with these types of cases. With the right attorney, you can rest assured that your rights and interests are protected, and you can focus on your recovery. Contact David Helfand PA to start building your case today.
