Determining Liability Can Be Complex
Airplanes and other aircraft are complicated machines that should always be properly designed and manufactured using parts and materials that are of the highest quality. In addition, the companies that own airplanes and helicopters should always keep them properly inspected and maintained to ensure everything is always in full working order. The people who pilot these aircraft are also required to be properly trained, qualified, and licensed to do so and, while they are in control, they have the legal duty to exercise care to ensure the safety of anyone aboard. The crew on board is also expected to follow procedures and comply with safety regulations to keep everyone as safe as possible. If any one of the above parties does not meet their legal duty, dangerous accident can result.
Following an aviation accident, investigators from the National Transportation Safety Board (NTSB) examine the circumstances surrounding the accident, including any communications made by pilots or crew, data from the “black box,” the state of the aircraft, and more. The NTSB will try to determine the party that was responsible for the accident and those parties can often include:
- Pilot or co-pilot;
- Member of the crew;
- Maintenance crew;
- Aircraft manufacturer.
The liable party will help shape the nature of any resulting legal claims and you always want to have an experienced attorney who knows how to gather evidence proving fault in an aviation accident.
If one or more parties are deemed to be at fault for an accident, victims can seek recovery for their losses by filing a legal claim against all possible parties. The following are the two main types of claims:
- Personal injury — If you were injured on an aircraft and you survived, you will file a claim for personal injury against any negligent parties. Injuries can not only occur in crashes, but also due to in-flight injuries, rough landings, and other incidents that do not constitute a full-fledged plane crash.
- Wrongful death — When an aircraft does crash, the risk of fatal injuries is unfortunately high. Family members of plane crash victims can recover for their losses by filing a claim for wrongful death and seeking compensation for financial losses, loss of services, loss of companionship, emotional distress, and more.
An experienced aviation attorney can help to pursue the right type of legal claim for your situation.
Contact a Portland Aviation Accident Lawyer For Assistance Today
If you or a loved one has been the victim of a commercial airline accident or any type of aviation accident, you are likely facing serious financial and emotional losses. Though you may not know where to turn, the Johnston Law Firm in Portland, Oregon is here to help you. Experienced Portland aviation attorney Marc A. Johnston understands the highly complex nature of aviation accidents and has the skill and resources to conduct thorough investigation and ensure that you receive the maximum amount of financial recovery you deserve for injuries or wrongful death. Our litigation experience makes us well-equipped to take on large airlines in negotiations or at trial and we will never encourage you to accept a settlement that is not adequate. We offer free consultations with no obligation, so please do not wait to call us at 503-546-3167 for more information today.
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