AIRPLANE ACCIDENT FAQS
Who is legally liable for damages in a general aviation accident?
The list of possible liable parties can vary, depending on the cause of an aviation accident. For example, manufacturers or maintenance suppliers may be liable if the accident is caused by a mechanical malfunction. If the accident was caused by an operator’s reckless behavior or poor judgment, he or she could be held liable. Also, under the Federal Tort Claims Act, the United States government has been sued for the negligence of an air traffic controller that resulted in an aviation tragedy. Identifying who is legally liable in an aviation case is dependent on the unique facts of each accident.
What is the General Aviation Revitalization Act?
The General Aviation Revitalization Act (GARA) protects the manufacture of a non-commercial aircraft from liability lawsuits for defects on an aircraft that is 18 years old or more. What this means is that once an aircraft and its original component reach the age of 18 years, the manufacturer can not be held responsible for an accident—or any injuries sustained by the passengers if the aircraft crashed. If a problem occurs after the 18 years, it is most likely a negligent maintenance type of case.
Who do I call to get information immediately following an aviation accident?
All aviation accidents are to be reported to the National Transportation Safety Board (NTSB). You can reach the NTSB Communications Center by calling (801)-990-1919. The NTSB will be able to provide you with some information, and can direct you to the right people to answer the questions they can’t. Experienced aviation attorneys like Craig Swapp & Associates can help you gather critical information in a timely fashion
Can I file a case in a different jurisdiction than where the aviation or airplane accident took place?
Because of the national and international nature of air transportation, aviation accident suits may be filed in a jurisdiction other than where the accident occurred. Commercial accidents often involve federal courts and multi-state issues that require attorneys in other states to coordinate with the lawyers in the state where the accident occurred. This is beneficial because you can receive expert aviation advice from Craig Swapp & Associates, coupled with a local attorney’s familiarity with their jurisdictions’courts and procedures.
What agencies are involved in the investigation of aviation accidents?
In addition to the NTSB, the Federal Aviation Administration (FAA) and the Federal Bureau of Investigation (FBI) may also investigate an aviation accident. An aviation accident investigation can also involve foreign or local authorities or the departments of Justice and Defense. Other agencies may also be involved in providing services to victims and their families including: the Department of Health and Human Services, American Red Cross, and the Federal Emergency Management Agency (FEMA). If you or a loved one was injured in an aviation accident, you are facing a challenging time. For half a century, Craig Swapp & Associates has been fighting to give accident victims the money they deserve. At Craig Swapp & Associates, our client-oriented staff will go out of their way to help each client. Contact our office today for a free consultation. One call, thats all. Don’t see your question? Contact us and we’ll reply and post your question and answer on our site.