Air Line Crash: Understanding Airplane Crash Liability

A Delta Air Lines plane crashed while landing at Canada’s Toronto Pearson International Airport on Monday, February 17th. The accident occurred around 2:15 p.m. ET. The crash left the plane upside down and resulted in at least 17 injuries, including that of a child. None of the injuries, however, were reported to be life-threatening. This incident, along with other recent airplane malfunction news, raises important questions and highlights the need to better understand airplane crash liability.

What We Know

Delta’s Statement

Delta Air Lines has released a statement regarding their Endeavor Flight 4819: “Delta Connection flight 4819, operated by Endeavor Air using a CRJ-900 aircraft, was involved in a single-aircraft accident at Toronto Pearson International Airport (YYZ) at around 2:15 p.m. ET* on Monday. The flight originated from Minneapolis-St. Paul International Airport (MSP).”

All 80 passengers have been accounted for and reports have not indicated any fatalities, but at least 17 customers were transported to local hospitals with injuries.

Investigating the Events

The United States National Transportation Safety Board is assisting the TSB of Canada with the investigation of the event. The International Civil Aviation Organization’s Annex 13 outlines “how accident investigation participating States are determined, as well as the process leading to the issuance of an accident investigation Preliminary Report (within 30 days of the event) and Final Report (ASAP or within 12 months of the event) following completion of the investigation”.

At the time of writing this post, the exact cause of the accident is unknown. However, weather reports indicate that the area was being affected by strong winds that may have played a role.

Cancelled Flights

Delta cancelled all remaining flights to and from YYZ for the day. They advised customers to monitor the status of their flights through the Delta app. Toronto Pearson International Airport announced that 2 of their runways would remain closed to facilitate the ongoing investigation into the accident.

Understanding Airplane Crash Liability

What Should You do if You’ve Been Involved in an Airplane Accident

As with any accident, your first priority should be your safety. It’s important to seek medical attention to treat any existing injuries and diagnose any potential issues that may not be immediately apparent. Be sure to keep a copy of the medical report for your records, as well as any pictures of the accident or injuries. If possible, speak to witnesses or other victims to secure witness statements and obtain their contact information. This could prove valuable if you file a claim in the future.

If you suspect negligence or liability of any kind, you should consider contacting an experienced attorney.

Who Can Be Held Responsible?

The answer to this question depends on several factors, such as the type of aircraft and the circumstances surrounding the accident. Determining liability can be a complicated process. That’s why an attorney with experience in airplane crash liability can be a valuable asset in building a strong case. For a commercial airplane crash, liability may fall on different parties, including the airline, the manufacturer, the maintenance crew, or even air traffic control. For cases involving a private aircraft, in addition to the aforementioned parties, the owner or pilot may also be liable.

What Are the Most Common Causes of Airplane Crashes?

There are several reasons why an airplane may be involved in an accident. Below are some of the most common ones:

• Human error: Whether it’s a judgment error, lack of training, fatigue, or stress, human errors are among the leading causes.
• Air Traffic Control Negligence: Air traffic controllers play one of the most important roles in aviation by keeping aircraft away from each other and helping pilots navigate congested airspaces. If a controller provides incorrect directions or information, it can lead to collisions or other accidents.
• Engineering Defects: airplanes must be designed to withstand turbulence, extreme temperatures, and other conditions. Defects in the design or construction of an aircraft can lead to serious issues and cause accidents.
• Improper Maintenance: Maintenance plays a key role in the safe operation of an aircraft. Strict rules, protocols, and requirements must be followed to ensure maintenance standards are met and upheld.
• Weather Conditions: Pilots and air traffic controllers share responsibility for accounting for weather conditions. Flights plans should be made with weather in mind, as it is a significant factor in many accidents.

What is the Statute of Limitations for Filing a Lawsuit After an Airplane Accident?

In California, airplane crash lawsuits follow the same statute of limitations as most personal injury cases—lawsuits must be filed within 2 years of the accident.

Finding the right lawyer is crucial to ensure important deadlines are met and evidence is properly gathered, allowing you to file your claim within the statute of limitations.

Am I entitled to Compensation After an Aircraft Accident?

While this is not a straightforward answer, victims of aircraft accidents may be entitled to compensation if negligence can be proven. An experience lawyer can help you establish liability for your claim. The compensation may cover:

• Medical expenses: Your compensation may cover treatment for existing and ongoing injuries or conditions resulting from the accident.
• Pain and suffering: Compensation may also address mental health issues that arose as a direct consequence of the accident.
• Lost wages: If your injuries or distress prevent you from working, you may be entitled to compensation for your lost wages.
• Future earning capacity: Similar to lost wages, if you suffer a long-term injury or disability that affects your ability to return to work in the future, you may be entitled to compensation to cover future lost earnings.

Airplane Crash Liability Lawyer

An experienced lawyer can help you build a strong case and advocate for your rights against negligent parties.

At Adamson Ahdoot, we understand how complex aviation accident cases can be. Our experienced team of attorneys combines a boutique firm’s personalized attention with a larger practice’s resources to help you navigate difficult claims.

Call us at (800) 310-1606 to schedule a free consultation. We’re here to advocate for you and ensure you receive the compensation and support you deserve. Consultations are available in both English and Spanish.