Aviation law governs aircraft transport and air transport-related facilities. This law was formulated by the federal government and enforced by the Federal Aviation Administration and the National Transportation Safety Board. The FAA ensures safety standards are met when manufacturing, operating and maintaining aircraft while the NTSB is tasked with investigating air accidents and incidences to improve air travel safety.
You’re entitled to recover damages if you’re an injured air accident survivor. Plane crashes or accidents occur, although air travel is far much safer than other types of transportation. If you’ve been injured in an air accident and you don’t know where to find justice, contact an Alaska aircraft accident attorney for the evaluation of your case. The lawyer will ensure air traffic control and radar records are preserved besides obtaining interviews from witnesses.
Aviation Product Liability
Airline accident claims are not limited by territorial boundaries. You can file an air accident claim in any country or state– and not necessarily where the accident occurred. Aviation attorneys work with local lawyers of where a lawsuit is filed since they’re familiar with the legal systems in those jurisdictions.
Aviation product liability addresses legal claims against aircraft manufacturers for an accident thanks to aircraft defects. Aviation product liability claims are filed to establish the root cause of an aircraft accident; was the accident caused by the negligence of the pilot or a product (aircraft) defects, or a combination of the two.
The plane manufacturer and the pilot are typically held liable in aviation liability lawsuits. For instance, a pilot can cause an accident thanks to relying on defective gauges. The manufacturer will be responsible for a defective gauge while the pilot is liable for the dangerous maneuvers, in this case.
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Proving Liability When there are no Survivors
Expert airplane accident investigators can establish the cause of an accident even when no one survives. The experts rely on data recorders and voice recorders in the airplanes, particularly in the cockpit. Radar data, air control information, and evaluating the wreckage also helps to establish the cause of an accident.
The principle of “Res ipsa loquitur” protects the victims of aircraft accidents in cases where liability is hard to prove. Res ipsa loquitur states that courts can infer negligence based on the nature of an accident or injury when there’s no evidence to incriminate the defendant. The following factors must be present to prove negligence under Res ipsa loquitur:
- The accident wouldn’t have occurred unless someone was negligent;
- The evidence shows the plaintiffs or third parties are not at fault;
- The defendant failed to exercise standard care owed to the plaintiff, leading to the accident.
Negligence is often presumed in most airplane crashes that are filed by anyone else besides the pilot or co-pilot.
Also, read Atlanta Car Accident Lawyer
Aviation crime refers to criminal activities done by pilots, airlines, among others. The criminal activities can include:
Transporting controlled substances knowingly;
Transporting hazardous materials;
Operating an aircraft while intoxicated.
Concealing weapons and bringing them to a transport facility or an aircraft.
Statutes of Limitation and Repose
Statutes of limitation is a law that requires disputing parties to initiate a legal proceeding within a specified time. Otherwise, a case brought to court after the expiry of the allowable grace period is considered time-barred. A competent aviation lawyer should evaluate your legal situation and advise you accordingly.
A statute of repose is a law that bars the plaintiff from recovering damages after a certain period elapses, and it’s applicable in product liability, medical negligence, and design & defect lawsuits. This law is applicable in some cases involving air accidents or crashes. Issues related to aviation accidents are typically complex and that’s why you might need the services of aircraft accident lawyers as they understand the intricacies related to aviation accidents and law.
Benefits of Air Accident Attorneys
If you’re a victim of an air accident, you’ll need legal help to be compensated for your loss, such as bodily injuries and property. You can also recover damages for the death of a loved one whose death resulted from an air accident. The duties of air accident lawyers can include:
- A lawyer can represent you in legal matters.
- Advisory role.
- A lawyer can help in the drafting of the accident claim.
- Attorneys can help in pursuing just compensation.
- Interviewing witnesses and establishing the authenticity of the facts of their client’s cases.
- Researching workable solutions for cases in hand through studying relevant statutes and procedural law.
- Gathering facts for impregnable defenses.
- Negotiating with the jury or the prosecution for lighter sentences.
- Providing legal representation and advocacy to their clients in court.
- Appealing unfair rulings.
The first step to getting justice or recovering damages starts with contacting an air accident attorney or lawyer who will pursue justice on your behalf as you concentrate on recovery.
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