Mass Tort Update- |
- Philadelphia, PA 215-567-3500
- |
- Red Bank, NJ 732-747-9003
Mass Tort Update
What is Aviation Law?
Aviation law governs the operation of aircraft and the maintenance of aviation facilities. Both federal and state governments have enacted statutes and created administrative agencies to regulate air traffic. Using its constitutional authority to regulate interstate and foreign commerce, Congress may enact laws pertaining to air navigation. There have been several federal enactments along these lines: The first was the 1926 Air Commerce Act which provided, among other things, for the certification and registration of aircraft employed in interstate or foreign commerce. The statute was amended in 1938 by the Civil Aeronautics Act which created the "Civil Aeronautics Authority," a five member panel with the power to regulate all aspects of aviation within federal jurisdiction. Later, the five-member panel was changed to the "Civil Aeronautics Board" and most of its power was transferred to the Department of Commerce. Then the Federal Aviation Act was passed in 1958 establishing the Federal Aviation Agency. There have been several subsequent acts passed by the federal government regulating aviation such as the Airport and Airway Development Act of 1970 and the Airline Deregulation Act of 1978. The main source for aviation law is federally based. States are prohibited from regulating rates, routes or services of any air carrier authorized under the Federal Aviation Act to provide interstate air transportation. States are not prohibited, however, from enacting consistent laws, or from altering existing remedies under state law.
What are Aviation Accidents?
Aviation accidents occur in a variety of different situations. While the most common aviation accidents are those involving commercial airlines, many accidents occur with private airplanes, as well as commercial and private helicopters. A general overview of aviation law can inform passengers of their rights in cases of accidents involving all types of aircraft. The leading causes of commercial airline accidents include engine failures, controlled flight into terrain, approach and landing, loss of control, runway incursions, and weather (including turbulence). Private or "general" aviation accidents find their causes in controlled flight into terrain, weather, pilot decision-making, loss of control, and runway incursions. Depending on the circumstances surrounding the accident, the investigation is conducted by one or more of the following agencies: National Transportation Safety Board (NTSB), Federal Aviation Administration (FAA), Transportation Security Administration (TSA) and Federal Bureau of Investigations (FBI). But, accident investigations may also involve foreign or local authorities or the Departments of Justice, State and/or Defense. Agencies such as the American Red Cross, Department of Health and Human Services and Federal Emergency Management Agency may also be involved in providing services to victims and their families. Depending on the circumstances of any given crash, other agencies may also be involved.
What is The National Transportation Safety Board (NTSB)?
The National Transportation Safety Board ("NTSB") is an independent federal agency charged with investigating every civil Aviation Accident in the United States. Its jurisdiction also includes trains and other vehicle accidents as well. The NTSB also issues safety recommendations aimed at preventing future accidents. The NTSB maintains the government's database on civil aviation accidents and conducts special studies of transportation safety issues of national significance. The NTSB also provides investigators to serve as U.S. representatives in aviation accidents overseas involving U.S. - registered aircraft, aircraft or major components of U.S. manufacturers or where requested by foreign governments.
What is The Federal Aviation Administration (FAA)?
The Federal Aviation Administration (FAA) is responsible for civil aviation safety, including developing safety regulations, and certifying pilots and aircraft. The FAA operates the nation's air traffic control system and through the World Wide Web provides real-time flight delay information. The FAA was originally designated the Federal Aviation Agency when established by the Federal Aviation Act of 1958. The present name was adopted in 1967 when the FAA became a component of the Department of Transportation. The FAA's major functions include:
What is The Transportation Security Administration (TSA)?
The Transportation Security Administration (TSA) in the Department of Transportation is now the agency responsible for airline security. Its mission is to protect the Nation's transportation systems to ensure freedom of movement for people and commerce. On November 19, 2001, the President signed into law the Aviation and Transportation Security Act (ATSA), which among other things established a new Transportation Security Administration (TSA) within the Department of Transportation. This Act established a series of challenging but critically important milestones toward achieving a secure air travel system. From Securing the Homeland, Strengthening a Nation by President George W. Bush. What is Federal Bureau of Investigation (FBI)? Most people know that the Federal Bureau of Investigation (FBI) investigates federal crimes, but what would they have to do with aviation accidents? The FBI investigates the possibility of sabotage or some other criminal act that may have contributed to an accident. Though the FBI is consulted in many aviation disasters, they take over jurisdiction only in rare cases where the accident is the result of criminal acts.
How is the FBI related to aviation accidents?
Most people know that the Federal Bureau of Investigation (FBI) investigates federal crimes, but they also investigate the possibility of sabotage and other criminal acts that may have contributed to an aviation accident. Although the FBI is consulted in many aviation disasters, they only take over jurisdiction in rare cases where the accident is the result of criminal deviance. What is GARA? GARA, the General Aviation Revitalization Act of 1994, is a "statute of repose" GARA was designed to protect manufacturers of smaller, private aircraft (less than 20 seats) from liability for accidents involving older airplanes and/or parts. GARA bars lawsuits against the manufacturer of an aircraft or component part once that item has been in service for 18 years. GARA does not apply if the aircraft was engaged in scheduled passenger carrying or air medical services operations at the time of the accident.
Who should I call after an aviation accident?
If you are someone you know has been involved in an aviation accident, the agency to call is the NTSB. All aviation accidents are reported to the NTSB. The phone number for the NTSB Communications Center is (202) 314-6100. The NTSB will be able to provide some information, and to the extent answers are available, direct you to the resources you need. An experienced aviation attorney can help you gather critical information quickly. This article provides general information about aviation law, what agencies are involved in investigating aviation accidents and the phone number of who to call immediately after an aviation accident. However, this article is not a substitute for qualified legal counsel. If you or someone you know has been involved in an Aviation Accident or if you have questions about aviation law, immediately consult with a qualified aviation attorney.
Do the same laws apply to commercial aircraft and private aircraft?
No. General aviation law applies to all aircraft other than those operated by airlines or the military. Commercial airlines and military carriers are subject to different legal standards.
What are the most common causes of aircraft accidents?
The most common causes of aircraft accidents include: Pilot Errors- Pilots are responsible for transporting the plane's passengers from one destination to another. Pilots have a duty to follow air safety rules that have been outlined and created to better ensure the safety of everyone on board or else risk an aircraft accident. Faulty Equipment- Faulty equipment or even poorly maintained equipment can fail and cause an airplane to crash. Violating FAA regulations- FAA laws exist to protect everyone using air travel. Violations of FAA regulations can endanger the safety of everybody in the air. Structural or design problems with an aircraft. Flight service station employee negligence. Federal air traffic controllers' negligence. Third party's carrier selection negligence. Maintenance or repair of the aircraft or component negligence. Fueling the aircraft negligence.
Who can be held responsible to the injured parties in an air crash?
Potentially liable parties vary depending on the cause of the accident. The owner and operator of the aircraft certainly may be liable. Manufacturers or maintenance suppliers may be liable in certain circumstances. An experienced aviation attorney is essential in identifying all possible claims and defendants.
Can the owner/operator be held criminally liable?
Both the federal government and individual states can impose criminal sanctions in cases involving aviation. Although the classifications and details may vary between them, most states impose criminal sanctions on aviators for reckless conduct that leads to injury, death, or property damage. The difficulty in prosecuting these cases lies in differentiating between cases of negligence and mere accidents.
| Enter any relevant background information or case specifics so that we can best understand your situation: | ||
|
To Prevent Automated Submissions, Enter the 4 Digit Number Shown Below
(OR YOU MAY CALL US DIRECTLY AT 888-375-7600) |
||
 9785
|
||