Under
the law, you are afforded basic rights when you become a victim of
someone else's negligence. There are many types of aviation accident
legal claims that may revolve around pilot error, manufacture and
maintenance, or unsafe flying/weather conditions. The leading causes
of commercial or “common carrier” airline accidents include
engine failures, controlled flight into terrain,
approach and landing, loss of control,
runway incursions, and weather (including
turbulence). Private or "general" aviation accidents
find their causes in controlled flight into terrain, weather, pilot
decision-making, loss of control, and runway incursions.
Victims'
families and survivors may file an aviation accident legal claim revolving
around one or more of the following causes:
Engine
failures in all phases of flight
In-flight icing
In-flight instrument failures
Denial of insurance coverage in aviation cases
Mid-air collisions
Pilot error
Flight instructor error
Negligent maintenance
Air traffic control errors
Defective onboard computers or software
Fuel tank explosions
Poorly maintained equipment
Improper loading
Here
are brief descriptions and examples of four of the more common causes
of plane crashes:
Defective
Onboard Computers or Software -
This was the cause of the American Airlines Flight 965 crash near
Cali, Colombia on December 20, 1995. The makers of an onboard computer
knew about a software gap on landing beacons for five years before
this crash took place. The jet veered from its planned flight path
after the flight management computer was programmed incorrectly and
turned into the dark mountains killing 159 people. Only four people
survived. A $300 million award was paid to the crash victims and families.
The jury found American Airlines 75 percent responsible. The maker
of the onboard computer, Honeywell Air Transport Systems of Phoenix
and software maker Jeppesen Sanderson of Englewood, Colorado shared
the remaining blame.
Fuel
Tank Explosions – A fuel tank explosion was the cause
of the TWA Flight 800 (Boeing 747) crash on July 17, 1996 in the waters
off Long Island, New York. After four years of investigating the crash,
the National Transportation Safety Board concluded that the probable
cause of the crash was an explosion in the aged aircraft's center
fuel tank. And this was not the first time. Six years earlier, an
idling Philippine Airline Boeing 737 airplane suffered the same fate
killing nine passengers when the plane's center fuel tank exploded
while it waited for takeoff.
Poorly
Maintained Equipment - Specialists are studying wear on the
assemblies, which control the movement of the horizontal stabilizer
on an aircraft's tail. It was such a worn stabilizer that caused the
crash of Alaska Airways Flight 261. The crew had reported problems
with the stabilizer and were trying to correct them when the plane
crashed off the California coast on January 31, 2000, killing all
88 aboard. Since the crash the airlines maintenance practices have
come under scrutiny. The FAA has launched an official investigation
into these practices. Also, a group of 50 mechanics at Alaska Airline's
Oakland, California maintenance facility signed a letter to the FAA,
stating that they had been pressured to sign off on incomplete repairs
by higher-ups at the airline.
Pilot
Error - A private pilot has a duty to follow air safety rules,
watch out for other aircraft, and to make sure they are in full control
of their aircraft. When a crash occurs because of pilot error, it
may involve misuse of aircraft controls or landing gear, misjudgment
of the aircraft altitude, failure to observe weather warnings before
flight, using an instrument approach, or traveling at an unreasonably
high airspeed.
Who
Is To Blame When a Plane Crashes?
Unlike
other types of accidents, plane crashes are governed by unique negligence
laws. These laws include state, federal, and often international laws.
The Federal Aviation Administration governs the manufacture and maintenance
of aircraft. However, aircraft safety may be governed by general state
or federal negligence law.
Depending
on the cause of the crash, various parties could be held liable. This
includes the manufacturer of the plane as well as the manufacturers
of the various components that make up the plane. It is your attorney’s
job to gather information and apply the complicated aviation laws
to hold the responsible parties accountable when air disasters occur.
Read
more about Aviation Disaster Law
Find
a plane crash lawyer in your state
