Aviation and Mass Transit Accidents - An Overview
Aviation and mass transit accidents can have devastating consequences and often result in serious personal injury and even death. Airplane crashes, train collisions and accidents involving commuter transportation such as buses and subways often affect a great number of people. Lawsuits arising out of these types of accidents can involve complex facts and issues of proof.
If you or a loved one has been injured in an aviation or mass transit accident, talk to an experienced attorney about your situation and legal options.
Aviation Laws and Regulations
Generally, federal regulations preempt state aviation regulations. However, states and municipalities generally retain authority in areas related to sales, use and personal property taxes, control of airports and noise regulations.
The Federal Aviation Administration (FAA) is part of the Department of Transportation. According to the FAA Web site, the FAA is responsible for regulating civil aviation and promoting safety; developing and operating air traffic control and navigation systems for civil and military aircraft; developing new aviation technology; implementing programs to control aircraft noise; and regulating US commercial space transportation. As part of its efforts to promote aviation safety, the FAA establishes standards relating to aircraft manufacturers, flight operations and pilot conduct. The FAA also is responsible for enforcing federal aviation regulations (FAR).
Causes of Plane Crashes
The field of aviation covers more than just the large commercial airlines thought of by most travelers. Aviation also includes non-commercial aircraft, such as small private planes, charter flights and helicopters. There are several common causes of aviation accidents including structural or design defects in planes or component parts; faulty or poorly maintained equipment; negligence in the maintenance or repair of aircraft; violations of FAA regulations; pilot error; weather conditions; and negligence of air traffic controllers or other personnel.
Negligence Claims Arising Out of Aviation Accidents
Many lawsuits involving personal injuries or death due to an airplane crash or other aviation accident are based on negligence. In order to establish a claim for negligence, the injured party (the plaintiff) must prove that the defendant owed a duty to the plaintiff; breached that duty; the breach was a proximate cause of the plaintiff's injuries; and damages. In many states, a violation of a federal aviation regulation by a defendant that proximately causes injury, death or property damage is considered negligence per se.
With respect to the duty owed to the plaintiff, common carriers such as commercial airlines owe the highest degree of care to passengers and can be liable for even the slightest negligence. A common carrier generally has an obligation to provide its passengers with a safe and properly equipped plane, a skilled pilot and safe conditions at boarding and disembarking. The duty of a private carrier is not as high as that of a common carrier; generally, it is one of ordinary care.
If successful, a plaintiff in a personal injury case can generally recover damages for medical bills, costs of medical equipment or therapy, lost wages, lost earning capacity, pain and suffering, emotional distress and loss of consortium. Punitive damages, designed to punish the defendant, may also be available depending on the circumstances and the jurisdiction.
Class Actions
A class action is a lawsuit that is brought on behalf of a group of individuals who have suffered similar injuries. In aviation accident cases such as an airplane crash, there are likely many potential plaintiffs who have similar claims against the defendant. Therefore, a class action may make sense. In federal court, Rule 23 of the Federal Rules of Civil Procedure governs class actions.
Res Ipsa Loquitur
The doctrine of res ipsa loquitur ("the thing speaks for itself") provides that there is a presumption that the defendant was negligent when the plaintiff can proof that the instrumentality causing his or her injury was in the exclusive control of the defendant and the accident was one that would not ordinarily happen without negligence. This doctrine has been applied in cases involving airplane accidents.
Mass Transit Accidents
Mass transit accidents generally involve buses, trains, subways and light rail. As with aviation accidents and other types of personal injury cases, claims in mass transit accident cases can be based on negligence and product liability theories. There are numerous causes of mass transit accidents including operator or driver error; sudden breaking; excessive speed; mechanical failures; doors closing on passengers; conditions leading to slips and falls on trains or platforms; improper maintenance of equipment; and defective equipment.
Conclusion
Aviation and mass transit litigation is complex and involves questions of potential defendants, venue, industry standards and federal and state rules and regulations.
If you were injured in a plane crash or mass transit accident and have questions about your legal options, talk to an attorney.
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