Aviation Accident Articles

Aviation accidents can be some of the most traumatic experiences one may have, and it is important to know the laws that govern such accidents so that your rights as a victim are not impeded upon, no matter if it was a private or commercial aircraft. Who regulates aviation accident laws? The laws pertaining to commercial and private aircraft are predominantly regulated by the Federal Aviation Administration (FAA).   These are highly technical and extremely complex regulatory guidelines which apply differently to each type of commercial and private aircraft. In fact, some regulations apply differently depending upon the type, size and weight of aircraft, as well as whether they are being used for private or commercial reasons. What affects liability? You should also note that the law of the state where the crash occurs will affect liability, regardless of the federal regulatory scheme. Because of the complexity of these laws, it is important that you consult with a law firm who has experience with both state and federal law in aviation accidents so that you are sure that you are bringing the right type of lawsuit and making the right type of claim on behalf of yourself or a deceased family

Although aviation, airplane and helicopter crashes are extremely complex cases requiring an experienced litigator and law firm to protect injured persons’ rights, the cause of crashes is almost always linked to one of three factors. At The Segal Law Firm, we investigate airplane and helicopter crashes, looking for any evidence of: (1) pilot error; (2) weather; and/or (3) mechanical failure. What is pilot error? Pilot error often involves a pilot who, because of a lack of training or fatigue, fails to properly analyze a dangerous situation causing the crash of an aircraft.  The pilot may have mis-calculated the weather, the severity of a mechanical problem, or simply failed to follow existing and routine procedures to protect the safety of his or her passengers. How does weather affect aircrafts? Weather can often times be a factor in determining why a crash occurred, since failure to properly check and avoid serious weather conditions is a frequent cause of airplane and helicopter crashes. Who is responsible for mechanical failures? It is equally important to determine whether or not any mechanical failure has occurred, as mechanical failures can be the responsibility of the manufacturer or maintenance personnel responsible for making sure that the airplane

Building on our last blog in which we talked about the common causes of aircraft accidents, today we would like to talk about who may be liable in the event an aircraft accident occurs. Can the owner/operator be held responsible? Generally speaking, it is unusual for owner/operators of airplanes or helicopters to be held criminally responsible.   Only intentional conduct  by an owner/operator for failing to properly maintain the plane or helicopter, or intentional disregard of federal regulations, can result in criminal liability. What CAN happen to owners/operators? The regulatory branch of the United States Government, known as the Federal Aviation Administration, will often fine owners/operators for improper maintenance or failure to abide by regulatory standards which govern the maintenance and flight of airplanes and helicopters.  Civil liability, or a lawsuit, on behalf of injured or killed individuals is a more common form of liability. The National Transportation Safety Board (NTSB) usually investigates airplane or helicopter crashes and determines the most likely cause of the crash. What can The Segal Law Firm do to help me? At The Segal Law Firm, we have many years of experience investigating how airplane and helicopter crashes occur and whether they are the responsibility of

Despite what many people think, airplanes and helicopters just do not fall out of the sky for no reason at all.  Pilot error, weather or mechanical failures are the most common causes of airplane and helicopter crashes. Does the Segal Law Firm have experience in airplane and helicopter crashes? At The Segal Law Firm, we have handled cases where a pilot’s misjudgement or poor judgement, weather and/or improper maintenance caused an airplane or helicopter to crash injuring or killing the passengers. Our experience with regard to pilot error, weather, and mechanical failures has permitted us to represent many passengers and pilots over the years who were injured or killed. For instance, in one case we were able to determine that a pilot’s take off procedure, because of the prevailing weather conditions at the time, was inappropriate and unsafe resulting in a crash and serious personal injury to the passengers. We also have experience with mechanical failures in airplanes and helicopters as a result of improper manufacturing or improper maintenance.  The discovery of mechanical failures is a complicated and painstaking task which we at The Segal Law Firm pride ourselves in getting to the bottom of what happened and why. What will