H Law GroupPersonal Injury

Vehicle Accidents

Aircraft and vessels fail for documented reasons, and the records exist

Investigators reflexively cite operator error. Maintenance history, component failure and inadequate design are frequently the better explanation.

About aviation and boating accidents claims

General aviation and marine claims are engineering and records cases. On the aviation side, the recurring issues are engine and fuel system failure, airframe and control component fatigue, altimeter and instrument malfunction, improper or undocumented maintenance, defective replacement parts, and operator decisions about weather, fuel and load. On the water, they are hull and steering failure, throttle and shift defects, carbon monoxide accumulation in cabins and near swim platforms, propeller strikes where no guard or cutoff was fitted, fire and fuel system defects, and operators running impaired or in excess of safe speed.

Responsibility usually extends well beyond the person at the controls. Manufacturers and overhaul facilities, maintenance and repair organizations, charter and flight school operators, tour and rental companies, fuel providers, and marina and airport operators can all be part of the chain. When a part failed, the claim is a California product liability claim on strict liability, so the question is whether the component was defective, not whether the company was careless.

These matters involve a federal investigative overlay, and a public agency report on probable cause is not the same thing as a legal determination of civil responsibility. Independent examination of the wreckage or vessel, the component logs and the maintenance record frequently identifies causes the initial inquiry did not pursue. Preservation of the aircraft, vessel and components, and of engine monitor, chartplotter or avionics data, has to happen early.

Common injuries

Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.

  • Multiple trauma and catastrophic injury from impact forces
  • Severe burns from fuel-fed post-crash fire
  • Drowning, near drowning and hypoxic brain injury
  • Traumatic amputation from propeller strikes
  • Carbon monoxide poisoning with lasting neurological injury
  • Wrongful death in aviation and marine collisions

Who can be held liable

Responsibility often extends well beyond the most obvious company. We look at every party in the chain.

  • The pilot, captain or operator at the controls
  • The charter, flight school, tour or rental company
  • A maintenance, overhaul or repair facility
  • The airframe, engine, hull or component manufacturer
  • A marina, fuel provider, airport operator or public entity

Evidence that matters

What we work to preserve and obtain early, because this proof tends to disappear with time.

  • Preservation of the aircraft or vessel and every failed component
  • Maintenance logbooks, airworthiness records and service bulletin compliance
  • Engine monitor, avionics, chartplotter and GPS data downloads
  • Weather, dispatch, fueling and load records for the flight or voyage
  • Independent metallurgical and mechanical failure analysis

Do not wait on the deadline

California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.

Answers

Aviation and Boating Accidents: common questions

No. A probable cause finding by a federal investigative agency is not a determination of civil liability, and such findings are generally not admissible for that purpose. Independent examination of the wreckage, maintenance records and component history routinely reveals contributing causes the initial inquiry did not pursue.

Injured by aviation & boating? Let us review it at no cost.

A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.

What compensation may be available

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