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Who Is Liable in a Small Aircraft Accident?

Gama Law Firm LLC July 20, 2022

Traveling through the air is often considered to be relatively safer than other means of transportation. Nonetheless, airplane accidents often occur and are usually devastating. According to statistics from the National Safety Council – Injury Facts, there were about 1,085 general aviation accidents in 2020.

Depending on the surrounding circumstances, a number of different parties may be held responsible for the incident. A seasoned Colorado personal injury attorney can advise you about who to hold liable for a small aircraft accident and help you pursue fair financial compensation.

At Gama Law Firm, our attorneys have the diligence, resources, and expertise to assist, guide, and represent clients in their small aircraft accident claims. As your legal team, we can investigate every detail of your case, determine the liable party, and examine your possible legal options to seek damages. Our firm is proud to serve clients across Aurora, Parker, Castle Pines, Denver, and Centennial, Colorado.

Liability in Colorado

Colorado is an at-fault insurance state. This means that when there is an accident, the at-fault party (person responsible for the crash) will be held financially and civilly liable for the medical expenses, property damages, and other losses suffered by the accident victims.

Not every aviation accident is fatal. Sometimes, the occupant may survive the crash but sustain severe injuries. Under Colorado laws, victims of aviation accidents may be eligible to seek damages from the at-fault party through injury claims. This may require identifying the at-fault party and proving liability.

Assessing Liability in a Small Aircraft Accident

Depending on the events leading to the incident and other surrounding circumstances, a number of different parties may be held responsible for the aircraft accident. These include:

The Pilot

The operator or pilot can be held responsible if found to be:

  • Careless while operating the airplane

  • Violating FAA regulation

  • Operating an aircraft under the influence

  • Due to inadequate training

The Aircraft Manufacturer

The aircraft manufacturer or parts manufacturer can be responsible if the crash occurred due to any of the following:

  • Mechanical failure

  • Structural defect

  • Faulty equipment

  • Malfunctioning part

The Owner or Leasing Company

Additionally, the owner of the airplane or leasing company may be held liable for:

  • Terrible safety inspections

  • Leaving objects in aisles

  • Hiring an unqualified or inexperienced pilot

  • Failing to secure overhead compartments

  • Setting unreasonable expectations

The Maintenance Company

The maintenance company may also be held liable if the crash was a result of their negligence or oversight in performing their expected duties, such as:

  • Routine maintenance

  • Regular inspection

  • Line maintenance

  • Safety checks

  • A, B, C, and D Checks

The Common Carrier

Commercial airlines or “common carriers” may be held liable for:

  • Violating FAA regulations

  • Failing to warn passengers of possible dangers

An experienced Colorado aircraft accident lawyer can investigate all of the surrounding facts of your case, seek to identify the liable parties, prove negligence, and help pursue fair financial compensation by filing multiple claims.

Proving Negligence in a Small Aircraft Accident Lawsuit

In order to recover damages in a small aircraft accident claim or lawsuit, you (the plaintiff) must prove negligence by showing the following elements:

  • The defendant owed you a duty of care

  • There was a breach of the expected duty of care.

  • The breach actually caused your injuries or damages.

  • You suffered bodily injuries, property damages, or other losses from the crash.

A skilled attorney can fight to advocate for your legal rights, help prove negligence, and attempt to seek the maximum possible compensation for your injuries, damages, or loss.

Turn to Experienced Legal Guidance

Being involved in a small aircraft accident can be a devastating experience and can result in minor to severe injuries, missed time at work, hospitalization, or even death. Thankfully, Colorado personal injury laws allow aircraft accident victims to seek damages through injury claims. However, identifying the liable party is a crucial aspect when filing your injury claims. Therefore, retaining a skilled personal injury attorney is crucial for proper guidance and to protect your legal rights.

At Gama Law Firm, our attorneys have devoted their careers to handling personal injury cases and advocating for the best interests of airplane accident victims in their injury claims. Using their knowledge surrounding the laws addressing liability in small aircraft accident cases, our trusted legal team can walk you through the often complex claims procedures.

If you or someone you know were injured in a small aircraft accident, you may pursue fair compensation. Contact Gama Law Firm LLC today to schedule a simple case assessment with experienced small aircraft accident attorneys. Our practiced legal team has the personalized legal advice and compassionate representation you need in your injury claims. We’re proud to serve clients across Aurora, Parker, Castle Pines, Denver, and Centennial, Colorado.