Airplane Accident Law

Airplane accidents, while thankfully rare, can have devastating consequences, leading to severe injuries and loss of life. These tragedies affect passengers, crew members, and their families, often requiring them to navigate complex legal challenges. Understanding your legal rights and options is crucial if a loved one or you have been involved in an aviation accident.

Investigations by Federal Agencies

Following a major airplane crash in the United States, the National Transportation Safety Board (NTSB) takes the lead in the investigation. They meticulously examine various factors, including mechanical failures, pilot actions, and weather conditions. The Federal Aviation Administration (FAA) also contributes their expertise, focusing on regulatory compliance and aircraft operations. If there's suspicion of criminal activity, the Federal Bureau of Investigation (FBI) joins the investigation.

The Aviation Disaster Family Assistance Act

A federal law called the Aviation Disaster Family Assistance Act mandates certain support services for survivors and families after a major airline crash. The NTSB designates a non-profit organization to coordinate these services. Airlines are required to establish a private notification process for families before publicly releasing passenger lists. A toll-free telephone line must be available for family inquiries. The Act also provides for travel and lodging near the accident site when needed, mental health support, and assistance with victim identification. This law focuses on immediate assistance and is separate from legal claims for damages.

Legal Claims Following an Airplane Accident

People who have been injured or who have lost loved ones in an airplane accident can seek compensation for their losses. The legal framework that applies depends on whether the flight was domestic or international, and, for domestic flights, whether federal government employees or private entities were involved.

Domestic Flights

Accidents involving U.S. airlines operating within the United States typically fall under domestic law. Common legal theories used in these cases are negligence and strict products liability. If a defendant is found liable, compensation can cover medical bills, lost wages, and intangible harms like emotional distress and loss of enjoyment of life. (Damages are different in wrongful death cases after a fatal crash.)

Negligence claims generally require demonstrating that a pilot, airline employee, or aircraft maintenance team failed to act with reasonable care under the circumstances. Pilot intoxication, improper maintenance, or errors by air traffic controllers can create liability under this theory. Courts assess whether the conduct fell below an acceptable standard of care and directly resulted in the crash.

Products liability claims address situations in which design or manufacturing defects cause airplane failures. Under strict liability, a manufacturer can be held responsible for a defective product regardless of its level of care. For example, if a critical engine part malfunctions and causes an accident, the company that produced it may be liable.

The Federal Tort Claims Act

If federal employees, such as air traffic controllers working for the FAA, contribute to an airplane accident, the Federal Tort Claims Act (FTCA) may allow injured people to sue the federal government. These cases often have shorter deadlines and more complex procedural rules than lawsuits against private companies. Strict adherence to filing requirements is essential, including providing formal notice to the relevant federal agency.

International Flights

Accidents on international flights are generally covered by international treaties, mainly the Montreal Convention. This agreement sets uniform rules for airline liability and often makes it easier for passengers and their families to receive compensation.

Airlines are automatically liable for initial proven damages up to a set limit, without passengers needing to prove the airline was at fault. For proven damages above this initial limit, the airline is still presumed responsible. The airline can only avoid paying these additional damages if it can prove the incident was not its fault or was entirely the fault of someone else. The Montreal Convention also helps by providing for advance payments from airlines to cover urgent needs after an accident and often allows lawsuits to be filed in the passenger’s own country.

Last reviewed February 2025