Tampa Airplane Accident Lawyer
Let Couture Law's aviation accident attorneys help you file a civil suit
Although some people have a fear of flying on a plane, aviation accidents are relatively rare. Nevertheless, these accidents commonly cause death when they do happen. Due to the pandemic, aircraft accidents decreased in 2020. Most accidents occurred during non-commercial aviation operations, killing a total of 332 people. Whether an accident occurs on a commercial or private aircraft, accident victims' families may have legal recourse in civil court if the accident was caused by negligence. Tampa aviation accident lawyers represent victims and their family members in civil plane crash cases.
Personal injuries in aviation accidents
Airplane accidents have a 95.7 percent survivability rate. The impact of a crash combined with secondary impacts that may occur between accident survivors and surfaces in the plane’s cabin can easily cause a number of injuries, including:
- broken bones
- head injuries
- spine injuries
- chest injuries
In plane accidents that are caused by negligence, victims may file a claim to receive compensation for medical expenses, lost wages and in severe cases, future medical expenses and future lost wages. In cases involving very severe injuries, courts are more likely to award compensation for pain and suffering and major changes to the accident victim’s lifestyle.
Causes of Florida aviation accidents
There are several characters that can cause an aviation accident. A few common accident causes are:
- pilot error
- pilot fatigue
- inadequate training
- mechanical failure
- runway defects
- air traffic control violations
- erroneous flight manual
- defective airplane parts
- improper maintenance
Accident victims and their families may file a claim whether the accident took place during a commercial flight or if the accident involved a private plane and pilot. Tampa personal injury lawyers handle the task of gathering the necessary evidence to help accident victims present their claims in civil court.
Pilot error and fatigue
In most cases, commercial pilots attend flight school prior to working at an airline. Nevertheless, airlines are responsible for hiring and ensuring properly-trained and experienced pilots are operating their aircraft. If a pilot makes an error that causes someone to be injured in an accident, the injured party may file a claim against the airline. Similarly, airlines are responsible for having reasonable measures in place to prevent fatigued pilots from operating planes. In cases in which pilot error is the result of improper training, lack of standardized credentials, or oversight that allowed a fatigued pilot to fly, the airline may be liable for accident victims’ injuries.
Airlines are required to keep their planes operational and in a safe condition for airline employees and passengers. In an accident that involves mechanical failure, a personal injury lawyer would examine the plane’s maintenance schedule, research industry standards, and possibly interview aircraft mechanical experts to provide testimony regarding possible causes of the accident. Victims and their families find personal injury lawyers especially helpful in aviation accident cases because these types of cases can be highly technical and research-intensive.
Negligence caused by other parties
There are some aviation accidents in which the airline and the pilot may not be at fault. A runway that has not been maintained properly or an error made by air traffic control can cause a plane to miss the runway or collide with another plane. An error in the flight manual may cause a pilot to make a technical error. If the manual does not describe the proper emergency procedure, the pilot may be unaware of the correct protocol. A defective airplane part may cause an accident even if the pilot follows proper operational and safety procedures. In each of these scenarios, the airport, a contractor, or a parts manufacturer may be liable. Accident victims and their families may file a civil court action against the responsible parties even if the airline itself is not liable.
Defective parts claims in Tampa aviation accidents
An aviation crash can be caused by a manufacturing or design defect in a component of the plane. Civil actions alleging design defects can be based on the theory of strict liability or negligence. Strict liability lawsuits do not require the plaintiff’s attorney to prove the manufacturer failed to behave reasonably. Negligence claims require the plaintiff’s lawyer to establish the manufacturer owed a duty to the accident duty, the manufacturer breached the duty, and the breach of duty caused the victim to suffer a loss or injury. Other claims may be based on the manufacturer’s negligence in:
- the production process
- labeling, warnings, and instructions
Tampa aviation accidents and wrongful death lawsuits
Aviation accidents that cause an accident victim’s death may give rise to a wrongful death claim. If the victim’s family wants to pursue a civil claim arising from their family member's aviation accident-related death, Florida requires a personal representative to file a wrongful death claim on behalf of the victim’s estate and his or her surviving relatives. Unlike other personal injury cases, wrongful death cases have a two-year statute of limitations.
Contacting a Tampa plane crash lawyer
The aftermath of an aviation accident is usually a very challenging time for surviving family members and accident victims who survive crashes. A Tampa aviation accident lawyer can combat the legal issues while victims and their families focus on healing. In the event of an aviation accident, victims and their families should contact a personal injury lawyer immediately to begin the process of exploring their legal options. Personal injury attorneys provide legal counsel and represent their clients in all legal proceedings, including settlement discussions.
Our personal injury lawyers are available to give you a free case evaluation to help you learn more about your legal options. We will face the airlines, parts manufacturers, and other parties who may be legally responsible for the accident. Contact us today, and let us fight for your rights to the compensation you deserve.