Flying is one of the most common activities in the modern day and age and most people will experience it at least once in their lifetime, although we are not always aware of what proceeds in case there is an accident while we are on an airplane. Here are some frequently asked questions that may help you clear any doubts and explain common terminology when it comes to airplane accidents.
-What are the most common causes of plane crashes?
•Mistakes done by the pilots
•Violations of different agencies policies or regulations
•Defective equipment/parts/engine
•Flight service station worker negligence
•Negligence of a Federal air traffic controller
•Manufacturer problems with the aircraft
•Negligence in refueling the aircraft
•Negligence in repairing or maintaining the aircraft or components
-Who is responsible for injured parties during a plane crash?
The likely responsible parties will vary depending on the cause of the accident after doing the proper investigations. The owner and operator of the aircraft may be held liable if the cause is found to be because of human error. Manufacturers or maintenance providers may be held liable if the circumstances of the accident show poor engineering or mechanical failures.
-Can the operator owner be held criminally liable for the plane crash?
If an accident happens and the owner is not there, the owner can still be held liable under the legal term called vicarious liability, which means someone can be held responsible for the actions or omissions of another person. Also, depending on the type of accident that occurred, the federal government and each state are entitled to impose and take criminal measures in cases associated with aviation accidents. Situations are analyzed on a case by case basis, and depending on the reason the government is entitled to apply criminal penalties if they come to the conclusion that the accident was due to irresponsible decisions made by the pilot that result in injuries, death or property damage. These types of cases can be difficult to pursue sometimes deciding whether it was negligence or an actual accident.
-What type of compensations am I entitled to?
This is probably what most people worry about, but it really depends on the state and type of accident that occurred. Generally, whoever is held liable for the accident will be covered for current and future medical bills and disability directly related to the accident regardless of the severity (minor or sever), as well as potential lost earnings cause by the accident. When it comes to a wrongful death, a lot of times the direct family or state will receive a monetary compensation that will be related to the same future loss, funerary arrangements, etc. All these compensations will vary on each case. Some states have a limited amount of money that can be covered in aviation accidents, that’s why the best option is to get access or information from a qualified aviation lawyer so you can get all the necessary information and benefits that apply to your personal case.
-What is the FAA?
The Federal Aviation Administration or its acronym “FAA” refers to the agency of the United States government that is mainly responsible for civil aviation safety in the country. Not to be mistaken by the NTSB from which is completely independent of.
-What is NTSB?
The National Transportation Safety Board or its acronym “NTSB” is an independent federal agency whose main duty is to investigate civil aviation accident in the United States. It’s important to mention that its jurisdiction is not exclusive to airplanes accidents only, and it also includes trains and other vehicle accidents. The NTSB is responsible for many things, even strategies to prevent future accidents and recommendations for its users and it helps store a big database of previous accidents, which are later studied by experts for safety regulations.
-What is the General Aviation Revitalization Act?
The General Aviation Revitalization Act, also known as simply “GARA” for its initials is a Federal statue established in 1994. This public law passed as an Act of Congress on the Senate Bill. It is also important for amending the Federal Aviation Act of 1958. Gara suspends any possible lawsuit against airplanes or parts manufacturers involved in accidents that are older than 18 years old. It restricts the period of time during which the claim can be processed in terms of how long the aircraft or party has been in service. The applicable length of time will differ and will depend on the area in which the lawsuit is filed, whether in state, federal, or international court.
-Is GARA applied both to commercial and private flights?
No. The General Aviation Law applies to all aircraft other than those operated by airlines or the military. Since commercial airlines and military carriers are subject to various legal standards.
