How is Fault Determined After an Aviation Accident?
Even when the fault for an aviation accident is clear to a victim or their survivors, it still needs to be proven for a case to end in compensation. Our attorneys can determine and prove fault on your behalf so you get the compensation you need.
To determine fault after an aviation accident, our attorneys can obtain and analyze information from the flight data recorder, assess photos of the wreckage alongside expert witnesses, weigh possible environmental factors, and obtain and review investigative reports and findings from the National Transportation Safety Board (NTSB). Pilots and plane owners are often liable for aviation accidents, though plane manufacturers may be liable for defective parts or systems.
Get a free case evaluation from our aviation accident lawyers when you call Rivkind Margulies & Rivkind, P.A. at (305) 204-5369.
How Can You Determine Fault for an Aviation Accident?
You can rely on our lawyers to review evidence from an aviation accident and use it to determine who is liable for the resulting damages.
Analyze Flight Data
The flight data recorder on the plane records data on hundreds of operating parameters, though it must legally save the most basic 5: indicated airspeed, pressure altitude, magnetic heading, and vertical acceleration. Flight data recorders can be recovered from accident wreckage and provide key information about what happened in the moments leading up to the accident.
Assess Wreckage
The wreckage from an aviation accident can give us the additional information we need to reconstruct the incident and determine its cause. We may bring qualified experts to your case to analyze the wreckage and help us determine the ultimate cause of the accident.
Aviation accidents must be thoroughly documented with photos, videos, and reports to ensure ample photographic evidence of the wreckage, even after it is cleared away.
Consider Environmental Factors
Environmental factors can sometimes play a part in aviation accidents, so it’s important to consider their possible involvement, or lack thereof. Part of a pilot’s duty of care is to check the weather before a flight and make sure the conditions are fair and will most likely stay that way. Even if environmental factors were the primary cause of the accident, the pilot could still be liable if the inclement weather had been forecast.
Review NTSB Investigation
The National Transportation Safety Board investigates most aviation accidents. NTSB investigations and reports take time because of the complexity of aviation accidents, often over a year. The resulting report can provide key information on the flight history, aircraft damage, and impact, among other important details.
Who Can Be at Fault After an Aviation Accident?
Most likely, liability falls with the pilot, plane owner, or plane manufacturer. Accidents can have multiple causes, so don’t assume you know who is liability before an investigation.
Pilot or Plane Owner
The pilot, who may also be the owner of the plane, could be at fault in an aviation accident. Pilots can be held liable for failing to perform pre-flight safety checks, failing to check the weather before flying, running out of fuel, or flying while fatigued.
Regardless of whether the plane owner was also flying the plane at the time, the owner may still be liable, even if someone else was the pilot.
Plane Manufacturer
When plane accidents result from internal component failures, manufacturers may be liable. Production and design defects in any structural or operational components of a plane can be incredibly consequential, and manufacturers have a duty to test and inspect components to ensure optimal safety.
FAQs About Determining Fault for Aviation Accidents and Getting Compensation
Who is Typically at Fault for Aviation Accidents?
Pilots are often entirely at fault for aviation accidents, or, at the very least, are still substantial contributors, even if there were other contributing causes. If the owner of the plane is not the pilot, they may also bear liability.
What if Bad Weather is at Fault for an Aviation Accident?
Even if bad weather contributed to an accident, the pilot can still be liable if poor weather was forecast and the pilot neglected to check the forecast or went out knowing the weather was too poor to fly in.
Why Should You Determine Fault After an Aviation Accident?
Victims must determine fault so that they can pursue compensation from liable parties, whoever they may be. Aviation accidents are catastrophic and often fatal, leaving those affected with overwhelming damages.
Can Eyewitnesses Help You Determine Fault for an Aviation Accident?
Statements, footage, and photos from eyewitnesses can help our aviation accident lawyers when determining fault. Eyewitnesses on the ground can describe a plane’s rapid descent before a crash, providing additional context.
How Long Do You Have to Determine Fault for an Aviation Accident?
How much time you have to determine fault for an aviation accident depends on the state where the accident occurred and its statute of limitations for personal injury lawsuits. We can identify the liable party and file your case before the deadline to protect your right to recover.
How Do You Prove Fault After an Aviation Accident?
Proving fault after an aviation accident is only possible if you prove 4 specific elements: the defendant owed you a duty of care, the defendant breached the duty of care they owed you, the defendant’s breach caused your injuries, and you incurred damages from the entire ordeal.
Do You Need an Attorney to Prove Fault After an Aviation Accident?
Victims who survive aviation accidents must focus on recovering from what are most likely catastrophic injuries, and should not have to worry about gathering evidence, reading NTSB investigation reports, or calculating their damages; they can leave all of that to our attorneys.
Get Our Help Determining Fault for an Aviation Accident
Call the aviation accident lawyers of Rivkind Margulies & Rivkind, P.A. at (305) 204-5369 for a free case assessment now.
