Commercial air travel is widely considered one of the safest ways to get from point A to point B. And, by the numbers, that reputation is well earned. Nonetheless, aviation accidents still happen from time to time and tend to cause relatively severe injuries and losses when they do take place.
If you or a loved one has been affected by a plane crash in California, learning about how the law applies to these cases is important for your legal rights. Read on for a look at the most relevant statistics and what your options may be going forward.
How Often Do Aviation Accidents Happen?
The National Transportation Safety Board (NTSB) tracks every civil aviation accident that takes place in the United States. Recent NTSB data showed roughly 1,200 aviation accidents nationwide in a recent year, including fewer than 200 fatal accidents resulting in hundreds of deaths across all categories of aviation.
Those numbers benefit from additional context:
- Most aviation accidents involve general aviation aircraft, such as private or recreational planes
- Commercial airline travel continues to maintain a strong overall safety record compared to other forms of aviation
- Fatal accidents involving major commercial airlines remain relatively rare
According to the International Air Transport Association (IATA), aviation safety has improved significantly over recent decades due to advancements in aircraft technology, pilot training, maintenance procedures, and federal safety regulations.
Common Causes of Aviation Accidents
Aviation accidents can result from a wide range of factors.
Some of the most frequently cited causes include:
- Pilot error
- Mechanical failures
- Defective aircraft components
- Inadequate maintenance of the aircraft
- Air traffic control errors
- Adverse weather conditions that were not properly accounted for
- Environmental hazards
In many cases, more than one factor is involved. Determining exactly what went wrong often requires an extensive investigation, which is why the NTSB’s review process can take a year or longer to complete.
Who Can Be Held at Fault After a Plane Crash in California?
One of the most complex aspects of an aviation accident case is figuring out who is legally responsible.
Depending on the circumstances, several parties could potentially face liability:
- The airline operating the flight
- The aircraft manufacturer
- The company responsible for a defective component
- Air traffic controllers and the FAA, if government negligence played a role
- The pilot, in cases involving general aviation flights
California law provides multiple legal avenues for holding these parties liable. For instance, under the state’s strict liability framework, a manufacturer can be held responsible for injuries caused by a defective product without the victim needing to prove negligence. This applies to aircraft manufacturers just as it does to any other product maker.
What Damages Can I Recover After an Aviation Accident?
Aviation accident cases often involve catastrophic injuries or wrongful death, which means the damages at stake can be substantial.
Victims and their families may be able to recover compensation for both economic and non-economic damages, such as:
- Medical expenses
- Future medical bills
- Lost income and diminished earning capacity
- Pain and suffering
- Emotional distress and trauma
- Loss of companionship
- Funeral and burial expenses
State law also allows for punitive (exemplary) damages, but only in cases that involve particularly egregious misconduct and that go to the trial stage.
How Much Time Do I Have to File an Aviation Accident Claim in California?
The deadlines for filing an aviation accident lawsuit in California depend on the type of claim and who you’re filing against. In most personal injury cases, the statute of limitations is two years from the date of the accident. Wrongful death claims also carry a two-year deadline.
However, there are situations where the timeline can be shorter. Claims against government entities must be filed within 6 months, and international flights may be subject to the Montreal Convention’s 2-year limit. With these varying deadlines in mind, it’s important to speak with a personal injury attorney as soon as possible after an aviation accident.
Contact the San Diego Aviation Accident Attorneys at Mission Personal Injury Lawyers for a Free Consultation
Aviation accidents are rare, but the consequences can be life-altering for the people involved. If you were involved in a plane crash in California, learning about the statistics is only part of the picture. Knowing your legal rights and taking prompt action is what’s most important in these circumstances
At Mission Personal Injury Lawyers, our legal team can explain your rights and help you pursue the compensation you deserve. Contact us today at (619) 777-5555 to schedule a free consultation with an experienced San Diego aviation accident lawyer.