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Frequently Asked Questions about Aviation and Mass Transit Accidents
Q: Who are potentially responsible parties in an air crash case?
A: Depending on the situation, there may be a number of potentially responsible parties in an aviation accident case, including the pilot or operator of the aircraft and the owner of the aircraft. In addition, ground personnel, such as air traffic controllers, and government entities that oversee airport operations may be liable. If defective equipment caused the crash, the manufacturer or seller of that equipment may be responsible.
Q: Can the owner or operator of an aircraft be held criminally liable in aviation cases?
A: Both the federal government and individual states can impose criminal sanctions in cases involving aviation. Although the classifications and details may vary, 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 negligence and mere accidents.
Q: Can government entities be held liable in aviation accident cases?
A: Yes. Many times, a government entity is responsible for airport operations or other aviation-related functions. The federal government can be sued for negligence in relation to its oversight of aviation operations under the Federal Tort Claims Act. Depending on the state, county and state governments and municipal corporations may be immune from suit for airport operations.
Q: What are the responsibilities of the FAA?
A: The Federal Aviation Administration (FAA) has primary responsibility for civil aviation safety. The FAA promulgates and enforces regulations on a wide variety of aviation issues. The FAA also certifies airmen and airports, operates airport towers and air route traffic control centers, controls air traffic, develops air traffic rules, registers aircraft and maintains and operates mechanisms that aid air navigation.
Q: What are the responsibilities of the NTSB?
A: The National Transportation Safety Board (NTSB) is the federal agency that is responsible for investigating all civil aviation accidents that occur in the United States. The NTSB is also charged with investigating certain train and motor vehicle accidents. The NTSB also issues safety recommendations with the goal of preventing future accidents, maintains a database of information about civil aviation accidents and conducts studies of transportation safety issues.
Q: What is the General Aviation Revitalization Act?
A: The purpose of the General Aviation Revitalization Act of 1994 (GARA) is to protect manufacturers of small, private aircraft with less than 20 seats from liability for accidents involving older airplanes and parts. GARA has a "statute of repose" and prohibits lawsuits against the manufacturer of an aircraft or component part once that item has been in service for 18 years.
Q: What are the most common causes of aircraft accidents?
A: The most common causes of aircraft accidents include pilot error, defective or poorly maintained equipment, violations of FAA regulations, structural or design problems with an aircraft, air traffic controller negligence, negligence in the maintenance or repair of the aircraft and weather conditions.
Q: Can I sue an aircraft manufacturer in an aviation accident case?
A: If you were injured in an aviation accident that was caused by defective or improperly designed equipment, you can sue the manufacturer or seller of that equipment under a product liability theory. For example, if you were injured in an airplane crash that was caused by faulty landing gear, you may be able to bring a claim against the manufacturer of the landing gear.
Q: What are the common types of mass transit accidents?
A: Mass transportation includes buses, subways, trains and light rail. Common types of mass transit accidents include operator or driver error; train derailment; collisions with other trains, vehicles or passengers; sudden breaking; excessive speed; doors closing on passengers; slip and fall on trains or platforms; improper maintenance of equipment; defective equipment and mechanical failures.
Q: What theories of liability are used in cases involving mass transit accidents?
A: Plaintiffs who have been injured in mass transit accidents can bring a claim based on negligence. If the injuries were caused by a defective train or bus or a component part, the plaintiff may also be able to bring a product liability claim against the manufacturer or seller of the bus, train or other equipment.
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