Private and Commercial Aviation Accidents: Who Can Be Held Liable in Texas

After an aviation accident, survivors and grieving families are often traumatized and confused, wondering how a routine Texas flight could end in tragedy. They are likely left with more questions than answers, including why the accident occurred and who was responsible. The answers to these questions may be complex, requiring the assistance of an experienced lawyer to secure fair accident compensation.

The Texas aviation injury attorneys at Carabin Shaw will seek answers while you focus on yourself and your family. We have extensive experience in aviation law, working with federal regulatory agencies and local authorities. Our compassionate team is available 24/7 and provides free consultations in English or Spanish at 1-800-862-1260. You can also contact us online, day or night.

When something goes wrong in an aircraft, the fault can spread among multiple parties, such as:

• The pilot or crew
• Airline companies
• Air traffic controllers
• Airport operators
• Maintenance crews
• Aircraft manufacturers

If air traffic controllers are at fault, federal agencies like the Federal Aviation Administration (FAA) may also be liable. When multiple parties are responsible for the crash, attorneys may hold all parties liable for their portion of fault under Texas’s proportionate responsibility rule.

Liability starts with the responsible party’s legal duty of care to the accident victim. This standard varies between commercial and private aircraft accidents, which is a critical distinction if your lawyer is trying to hold a party liable for your injuries.

Commercial airlines are “common carriers,” owing passengers the highest duty of care. While accident victims must prove negligence to hold parties liable, the standard for carelessness is much lower. The assumption is that a common carrier’s safety standards are flawless with little to no margin of error.

Private airlines fall into the “general aviation” category, owing passengers a duty of reasonable care. This duty is similar to that of motorists who cause accidents on Texas roadways. Victims must prove the at-fault party acted in a way another reasonable person would not have acted in the same situation. A breach in this duty of care can be more challenging to prove.

Proving liability involves demonstrating the responsible party had a duty of care (the different standards are explained above), and breached that duty through their actions or inactions. That breach is known as negligence. Your lawyer must also show that the negligence was directly connected to your accident and injuries.

Proving liability requires a deep understanding of state and federal regulations governing commercial and private aviation. It involves a thorough investigation with ample documentation to reconstruct how the accident occurred and who was at fault. You need an experienced attorney with the expertise necessary to break through the federal red tape and insurance company tactics and ensure you receive all the compensation you deserve.

Once you know the liable parties, you can file personal injury claims with their insurance companies. Your legal team will begin the negotiation process to try to settle your case for the compensation you deserve. If you can’t reach a fair settlement, your legal representatives will be prepared to take your case to court.

The statute of limitations for personal injury cases in Texas is two years. It may seem like a long time, but the legal process does not usually move quickly. Protect your right to file a lawsuit if necessary by filing your personal injury claim as soon as you can after your aviation accident.

Liability after an aviation accident is challenging—more so if you are trying to recover from severe injuries or move forward after losing a loved one. The team at Carabin Shaw works on a contingency-fee basis, so you pay nothing unless we win your case. If you’re still unsure, check out our law firm’s client reviews to see how we’ve helped other accident victims. We are available now at 1-800-862-1260, or you can contact us online for a free case review.

For more information:

• FAA
• PROPORTIONATE RESPONSIBILITY
• Negligence
• LIMITATIONS