Airline Accidents Highlight Safety, Legal Concerns for Passengers

This year’s recent slate of airplane accidents has everyone on edge about flying. 

On February 17, a Delta Airlines flight crash-landed upside down in Toronto. Twenty-one of the 67 passengers were hospitalized. 

On January 29, a tragic collision between a military helicopter and an American Airlines flight outside Washington, D.C., killed everyone aboard both aircraft. Among the victims was Casey Crafton, a father of three. Crafton’s family filed a $250 million claim against the Federal Aviation Administration (FAA) and the U.S. Army under the Federal Tort Claims Act, citing federal officials’ comments about understaffing, communication lapses, and the helicopter pilot flying above the 200-foot altitude limit near the airport. It was the deadliest plane crash in the U.S. since 2001.

These incidents and the recent termination of hundreds of FAA employees understandably have air travelers worried about their safety. It’s important to understand your rights and protections when you board an airplane in the United States and to know when it’s time to seek legal counsel.

Is Flying Still Safe?

Traveling by airplane remains the safest form of transportation, significantly safer than driving. According to the National Safety Council, your odds of dying in a car crash over your lifetime are 1 in 93, compared to 1 in 9,821 for commercial flying. 

The number of airplane accidents this year may seem much higher than normal, but according to numbers by the National Transportation Safety Board (NTSB), there are usually about 20 fatal aviation accidents every January and February. In contrast, there were 10 fatal aviation accidents this January and six in February, well under the yearly average for those months.

The key here is that those numbers encompass all of U.S. civil aviation, from the largest commercial airliners to the tiniest of puddle jumpers. Commercial flying makes up only a small fraction of general aviation and has a 95 percent survival rate.

The remainder of general aviation, which includes private aircraft, helicopters, and charter flights, is far more dangerous statistically than commercial flying. 

Steps To Take After an Airplane Accident

While flying is statistically one of the safest modes of transportation, aviation accidents can still lead to serious injuries. Fatal aviation crashes are rare, but passengers can suffer injuries on commercial flights due to turbulence, hard landings or runway incidents, loose objects or items falling out of overhead bins, equipment failure, and more.  

After an airplane accident, it’s important to get checked by medical professionals as soon as possible. Injuries may not be immediately apparent; internal injuries or delayed symptoms can occur. Make sure to keep records of treatments and diagnoses.

Once you’ve sought medical attention, if possible, document the accident by taking photos of your injuries and the accident scene. Also, gather evidence such as boarding passes and any communication with the airline, and identify witnesses such as other passengers or crew members who may be able to provide statements supporting your account of the incident that led to injuries.

Be cautious when communicating with the airlines or their insurers, who may attempt to minimize compensation for your injuries. Don’t provide recorded statements or sign any documents without first seeking legal advice from an attorney experienced in aviation accidents.

Delta Passenger Lawsuits and Settlements

During the recent Delta crash in Toronto, Austin, Texas resident Marty Lourens sustained severe physical and emotional trauma, reporting that he was “drenched in jet fuel” while hanging upside down in his seat.

Delta offered each passenger $30,000 settlements, but some passengers, including Lourens, are suing the airline instead, believing they deserve much more for their harrowing experiences. 

Like Lourens, Minnesota resident Hannah Krebs also declined Delta’s offer, suing for significant physical injuries and trauma, including a concussion. More lawsuits against Delta are expected under the Montreal Convention, an international treaty outlining airline liability for passenger injuries, luggage damage, and loss.

Passengers can be compensated for everything from spilled drinks and turbulence to injury and death. The Convention applies to incidents inside the plane, on the jet bridge, and in the shuttle from the terminal to the gate. Negligent parties can include the airplane’s manufacturer or maintenance vendors, air traffic control, and more. Passengers have two years to sue for up to $200,000 – more if the airline is found negligent. 

One caveat: the incident must occur on a flight that includes a stop, transfer, or layover outside of the originating country. 

Luckily, a passenger suing under the Montreal Convention does not have the burden of proof, as the airline’s negligence is presumed until disproven. Any aviation accident triggers an automatic federal investigation by the NTSB and sometimes the FAA or FBI. Their findings can significantly impact legal outcomes.

Aviation lawsuits are far more complex than typical personal injury cases. They involve federal regulations, airline liability, and manufacturer responsibility. These types of cases would be overwhelming to handle on your own. An experienced personal injury law firm familiar with aviation accidents can help gather evidence, negotiate with the airlines and their powerful legal teams, and determine the best legal options for seeking compensation to cover your injuries. The Cochran Firm Texas has decades of experience fighting for our clients’ rights in cases like these. For more information or a free aviation injury case review, call us toll-free at 1-800-The-Firm number (800-843-3476) or go online and chat with us 24/7.