Understanding Aviation Investigations and Liability

Aviation accidents are often complex, involving multiple parties, various technical and regulatory factors, and catastrophic consequences for victims and their families. When these accidents occur, it’s essential that they are properly investigated. However, these official investigations do not prove civil liability. So, understanding how to get from the investigation to holding at-fault parties liable is crucial for victims seeking compensation.

Who Investigates Aviation Accidents?

In Florida and elsewhere throughout the country, the primary agency that investigates aviation accidents is the National Transportation Safety Board (NTSB). The NTSB is an independent federal agency that determines the cause of civil aviation crashes and issues recommendations on how to prevent future crashes based on its findings. It classifies aviation investigations into four categories, depending on the accident’s severity and the resources required for the investigation.

The Federal Aviation Administration (FAA) also plays a role in the aviation accident investigation process. Its duty is to determine whether the parties involved in the accident complied with federal guidelines and aviation safety standards.

Depending on the circumstances of the accident, other parties may be involved in aviation accident investigations, including local law enforcement and airport authorities. For example, if an aircraft crashes in a residential neighborhood, the local police may have a role to play. But in general, the NTSB leads the investigation and publishes a report that serves as the official record of the accident.

How Investigation Reports Affect Legal Cases

The findings in the NTSB’s official report can significantly impact your personal injury or wrongful death lawsuit. The report identifies factors that contributed to the accident, such as mechanical failures, air traffic control mistakes, and pilot errors. However, the report itself is generally not admissible as evidence in court.

Instead, your attorney can use the report’s findings to identify additional evidence to gather or leads to follow that could support your case. For example, if the report states that the aviation accident occurred because the plane’s landing gear malfunctioned and didn’t deploy properly, your lawyer may investigate the plane’s manufacturer or maintenance provider to determine who is at fault.

The report typically also includes witness statements, black box recordings, and other factual data that your lawyer can build your case upon. As a victim, it’s important to work with an attorney familiar with aviation accident cases so they can properly interpret the reports and make the best use of the evidence found within them.

How Pilot Error Is Determined in Aviation Accidents

Pilot error is one possible cause of aviation accidents. Determining whether the pilot made a mistake that led to the incident involves analyzing large amounts of data, including flight information, cockpit recordings, training records, and compliance with safety procedures.

Some of the factors investigators look at to determine the role the pilot played in the accident are:

• The decisions made by the pilot under the specific circumstances
• The pilot’s compliance with FAA regulations
• The communication between the pilot and air traffic controllers
• The weather conditions at the time of the incident

Even a minor error could have catastrophic consequences in an aviation accident. For example, a pilot’s delayed response to a warning light or message from air traffic controllers can result in a dangerous situation for those on board or near the plane. If the investigation confirms that pilot error contributed to the incident, the pilot, airline, or other party connected to the pilot’s training could be liable.

Air Traffic Control Mistakes in Plane Crashes

Air traffic controllers (ATCs) are responsible for managing incoming and outgoing planes at airports by keeping track of where all aircraft are, both on the ground and in the sky. Miscommunication, failure to follow protocols, or simple mistakes can have devastating consequences for the planes involved.

Common air traffic controller errors leading to aviation accidents include:

• Failing to maintain safe distances between aircraft
• Providing incorrect instructions to pilots
• Misreading radar and other data
• Delaying the relaying of communication to pilots in emergency situations

When an air traffic controller’s mistake contributes to a plane crash, the controller and the FAA, which oversees their training and operation, may be liable. However, proving air traffic controller negligence contributed to an accident can be challenging, as these critical workers have to make real-time decisions in a high-stress and ever-changing environment.

Compensation Available for Aviation Accident Victims

Depending on the nature of the accident and the liable parties, aviation accident victims and their families may be able to recover substantial compensation for their losses. However, working with a skilled attorney is essential for maximizing this compensation.

The compensation available to injured parties may include:

• Medical Expenses – Your past and future medical treatments related to the incident, including surgeries, prescription medications, medical treatments, hospital stays, physical therapy, and medical devices
• Lost Wages – The income you lost while recovering from your injuries and the future income you will lose because of the impact your injuries have on your ability to work
• Pain and Suffering – The physical pain and emotional suffering you experience because of your injuries or the accident, including if you developed anxiety about flying or post-traumatic stress disorder
• Property Damage – The cost of repairing or replacing your damaged or lost property, including your home or vehicle, if an aviation accident occurred in your neighborhood and caused widespread damage
• Permanent Disability – Compensation for the impact your permanent disabilities have on your daily life and the cost of hiring in-home care or modifying your home or vehicle to be accessible

In cases where a loved one died as a result of an aviation accident, families can seek additional compensation through a wrongful death lawsuit. This compensation may include funeral and burial costs, emotional distress, loss of household income, and more.

Contact Our Florida Aviation Accident Lawyers in West Palm Beach

If you or a loved one was in an aviation accident in West Palm Beach, Florida, contact Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. at (561) 689-8180 for a free consultation with an experienced aviation accident lawyer. Our firm has recovered more than $1 billion in settlements and verdicts for injured clients, and we’re prepared to help you seek the compensation you need.