Aviation Act can be very frightening and to find an experienced aviation accident attorney is really a heavy task. All major airlines are having legal representations and if you think you should be compensated for an injury then you could be a long ride.
There are many circumstances when you require an aviation accident attorney; some reason has been discussed here about an aviation accident.
How does an airline accident occur?
Pilot negligence: Now the aircraft technology becomes more sophisticated. Human error is a very rare but the pilot is still a very important key component for a successful flying. If the aircraft is smaller like a private plane, then pilot error will consider at the time of injury analysis.
Flight error: The pilot should handle all the stages properly during flight and approach a normal trip. That may be a challenge in terms of equipment, climate, and other variables.
Takeoff Error: At the time of takeoff it requires a lot of nuance and communication. As each and every plane has to be taxied around on the run way and keep a secure distance from other planes.
Defective gear: Defects can be from manufacturer also and it is a common cause has been found of landing gear malfunction. For a perfect landing process landing gear is an important piece though it is a very small part of entire plane construction. If the landing gear fails to perform then the injury is certainty.
Aborted landings: It happens due to many reasons like, if the pilot can’t take the decision at the right time, obstruction, runway confusion or miscommunication. As a cause of devastating accident, poor fuel management or communication complications are also consider.
Liability in Aviation Accidents: who is at fault in an aircraft accident, it is very difficult and will require a skilled and expert aviation accident attorney to determine.
In aircraft accidents liable parties are depends on cause of the accident. The maintenance suppliers or the manufactures of the aircraft and the operator or owner may be held liable, even government also having some responsibility.
• Owner or operator’s liability or vicarious liability: If any recklessness or carelessness can be proven, aircraft operators or owners will be held responsible for the damages of injured parties including pilot, passengers and other staffs on the ground during the accident. May be the airplane was being operated by another instead of owner at the time of the accident, then also the owner will be held liable as per the legal theory(Vicarious liability)
• Manufacturer’s Liability or strict liability: If the victim can prove that the injury caused due to a defective product of aircraft component then it will consider as a strict liability. But remember that strict liability may vary from state to state.
• Comparative fault: In many case it has been seen that both the manufacturer and the pilot are liable for the accident, then it is called comparative fault. Now it will decided that who is more responsible for the accident and the blame will be distributed accordingly.
• Government’s liability: A primary duty of the federal government is air traffic control that is under the obligation of the Federal Aviation Administration through the Air Traffic Control (ATC) system.
Now what is the role of an aviation law firm?
The personal injury cases involving aircraft require an experienced aviation accident lawyer. The Aviation law is complex and often involves an analysis of federal, state, and possibly international. An aviation accident case also involves various issues that could affect to the result of litigation; it will be better to leave the matter to a qualified aviation accident attorney.
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