Negligence and Airplane Crashes

cartwrightlaw - March 28, 2022 -

Negligence and Airplane Crashes

Since the day the Wright brothers invented the first successful airplane, these aircraft have become essential to modern society. Air travel is considered to be a relatively safe way to get around, though crashes and mishaps do happen, and people can suffer serious or fatal injuries.

At The Cartwright Law Firm, Inc., we help victims of airplane accidents, including survivors and surviving family members, to seek and obtain compensation for the injuries suffered or wrongful death benefits.

Filing Airplane Crash Claim

When an airplane crashes and causes injuries or death, the victim or survivor might file a lawsuit against the owners and operators of the airplane.

If the facts and circumstances warrant, it may be necessary in some cases to file a claim against the manufacturer or the manufacturer of a specific part of the airplane that is determined to have caused the crash.

Establishing the cause of an accident and which parties should be liable requires extensive investigation, which can involve the Federal Aviation Administration (FAA) and other government officials. Your airplane crash attorney can seek evidence of what caused the crash to help your case.

If an airplane accident takes place in the United States and it involves an American airline, victims can file a lawsuit in U.S. courts. A person who is injured or a survivor or a loved one who perished in the accident can recover for medical bills, lost income or wages, and non-economic damages.

In the case involving the death of a victim, the surviving loved ones can seek and obtain wrongful death benefits under California law.

Proving Negligence Claim in Airplane Crash

To successfully pursue a negligence-based claim against an airline, the person suing must prove the following elements of a negligence claim:

Duty. An airplane owner or operator owes duty of care to the passengers carried in the airplane. This duty, however, is not synonymous with being perfect; rather, the airplane pilot, for example, needs to be as careful as any other pilot would be under the same circumstances.
Duty does not only apply to the pilot but also to anyone else involved in the operation of the airplane, including those involved in its maintenance and repair.
Breach. If the pilot of the airplane (or some other person involved in the operation of the airplane) was not as careful as any other person in a similar position would be, then they breach their duty.
Causation. There must be a connection between the breach of duty and the accident that occurs. In other words, what the pilot did or did not do must be found to be what caused the accident. This is a key focus of airplane crash investigations.
Damages. A victim of the airplane accident must show that they have suffered some damages, meaning, a loss of something such as income or the life of a loved one in the worst of circumstances.

Learn How a San Francisco Airplane Crash Lawyer Can Help

If you have been injured in an airplane accident or have lost a loved one, contact The Cartwright Law Firm, Inc. today for a free case review. We are ready to help.