Aviation Accident Frequently Asked Questions

Q: Who can be held responsible to the injured parties in an aviation accident?

A: Liable parties vary depending on the cause of the accident. The owner and operator of the aircraft certainly may be liable if the cause can be traced to human error. Manufacturers or maintenance suppliers may be liable when circumstances of the accident indicate that an engineering or mechanical failure caused the crash.

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Q: Can the owner/operator be held criminally liable for an aviation accident?

A: The federal government and individual states can impose criminal sanctions in aviation accidents. Although the classifications and details may vary among them, most states impose criminal sanctions on aviators for reckless conduct that leads to injury, death, or property damage. The difficulty in prosecuting these cases lies in differentiating between cases of criminal negligence and accidents caused by carelessness.

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Q: What’s the first thing I should do after being involved in an aviation accident?

A: Take care of yourself first and mind your injuries. If you can’t move comfortably, don’t. If you’re stuck, pinned or otherwise trapped, don’t try to free yourself, as you may wind up hurting yourself worse. Allow rescue personnel to make the call once they’re on scene.

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Q: What if I can’t remember what happened?

A: Unless your injuries prevent it, write down all you can remember about the accident as quickly as possible. For this reason, it’s good to keep a pencil and paper handy. If you have a camera, take as many pictures as possible of the accident scene.

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Q: How should I interact with authorities at the scene of an aviation accident?

A: First of all, BE HONEST. When officials arrive on scene, get their names and credentials. Get statements from them about what they observed.

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Q: Why do I need a lawyer after I’ve been involved in an aviation accident?

A: If you or someone close to you has been involved in an aviation accident, you need a lawyer:

1. To protect your rights
2. To make sure you get the medical treatment you may need even if you cannot pay for it up-front
3. To help you file the related property damage claim
4. To negotiate with insurance carriers to make sure you get the amount of compensation that you will need to pick up the pieces and get your life back on track as quickly as possible