Plane Crashes Attorneys in Olathe, Kansas
Air travel is probably one of the safest modes of transportation you can think of despite the fact that millions of people in the United States have aerophobia (the fear of flying). Even though your chances of getting into an airplane accident are very low, crashes do happen from time to time.
In fact, a person is more likely to die in a plane crash than in a motor vehicle accident should one occur. If you or a loved one was involved in an airplane accident, you need a skilled attorney with expertise in aviation law and a proven track record of success helping victims of plane crashes.
The results-driven and compassionate personal injury attorneys at Adams Cross, LLC can help you and your family after a plane crash. With decades of combined legal experience, we work hard to get our clients the best possible results. From our office in Olathe, Kansas, we serve plane crash victims and their families in Lawrence, Wyandotte County, Johnson County, and throughout the Kansas City metro area.
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Common Causes of Plane Crashes
There are many things that can cause and contribute to an airplane accident. While each case is unique, some of the most common causes of plane crashes include:
Pilot error. A large number of airplane accidents occur because of pilot errors. Some examples of pilot negligence include failure to properly execute a takeoff or landing, inadequate pre-flight inspections and planning, and failure to account for inclement weather.
Mechanical failure. Faulty equipment and mechanical failures contribute to many aviation accidents. Namely, accidents are bound to happen because of defective parts or improperly installed/maintained equipment.
Inclement weather. Pilots and airlines must monitor the weather and cancel flights in extreme weather conditions. However, the weather can be unpredictable, which is why accidents may happen. Weather conditions such as strong winds, lightning strikes, heavy storms, and fog can contribute to preventable plane crashes.
Air traffic controller error. Air traffic controllers are responsible for directing the flow of air traffic and maintaining communication with aircraft to prevent accidents and ensure takeoff and landing safety. Any misstep or error on the part of an air traffic controller can lead to a devastating crash.
Regardless of what caused the plane crash, you might be entitled to compensation if there is evidence to prove that another party (e.g., a pilot or aircraft manufacturer) can be held responsible for causing the accident.
Who Can Be Held Liable in a Plane Accident?
Many passengers wonder, “Who can be held responsible for plane accidents?” Liability in an aviation accident case depends on the facts and circumstances of the case. The following parties could be held liable for causing an airplane accident:
The aircraft manufacturer
The owner of the aircraft or leasing company
The maintenance or service company
The common carrier
In most cases, injured passengers and surviving family members of a deceased individual can bring a claim against the pilot or maintenance company. However, the company that owns the plane and employs the pilot may also be liable for the plane crash. If the airplane accident was the result of maintenance failure and pilot error, the victims could sue both the maintenance company and the pilot. In that case, the pilot could cross-claim against the maintenance company.
If you or someone you love has been involved in an aviation accident, let an experienced attorney investigate the facts surrounding your case and identify the liable parties to protect your right to fair compensation.
Filing a Claim After a Plane Crash
Depending on the details of your aviation accident, there may be several options for filing a claim for compensation. Your ability to recover damages after a plane crash could be based on:
Strict liability. When an airplane crash occurs because of mechanical failure or faulty equipment, the injured party could pursue a claim against the manufacturer and other liable parties based on the theory of “strict liability.”
Negligence. When a plane crash occurs as a result of someone’s negligence (e.g., pilot error), the injured party can file a personal injury claim against the negligent party to obtain compensation. However, negligence-based personal injury claims require you to prove four elements: duty of care, breach, causation, and damages.
Vicarious liability. Under the rule of vicarious liability, employers can be held liable for their employees’ actions when accidents occur during the scope of employment. For example, if a pilot is employed by a company, the injured party could file a claim against both the pilot and their employer for maximum compensation.
Federal Tort Claims Act. The Federal Tort Claims Act allows private citizens to pursue compensation from the federal government and its employees for torts committed by employees of the federal government. However, not all claims are payable under the Act.
Wrongful death. Surviving family members can file a wrongful death claim for airplane accidents in which they lost a loved one. Kansas law allows family members to bring a wrongful death lawsuit if the deceased could have filed a personal injury claim had they survived.
Determining liability for a plane crash and identifying your options for compensation after the aircraft accident can be challenging. That is why you may need the assistance of a skilled aviation accident attorney to represent you in your case. At Adams Cross, LLC, our experienced plane crash attorneys in Olathe, Kansas, serve injured passengers and crew members involved in aviation accidents as well as the surviving family members of deceased victims.
Plane Crashes Attorneys Serving Olathe, Kansas
If you or a loved one was involved in an aviation accident, our plane crash attorneys at Adams Cross, LLC can help. We can provide you with the compassionate legal support you need to help you each step of the way. We have successfully represented clients in aircraft accident cases involving private and commercial airplanes. Contact our office in Olathe, Kansas, today to learn how our attorneys help you.