The most common causes of aviation accidents are pilot error, mechanical failure, defective design or manufacturing of aircraft components, and negligence by air traffic controllers. Other significant factors can include improper maintenance, adverse weather conditions, and violations of FAA regulations by the airline or operator.

Multiple parties can be held liable in an aviation accident claim. This can include the pilot, the airline or aircraft owner, the aircraft manufacturer, manufacturers of specific components (like engines or avionics), maintenance and repair facilities, air traffic control (often the U.S. government), and the airport authority.

The National Transportation Safety Board (NTSB) is an independent federal agency that investigates every civil aviation accident in the U.S. Their role is to determine the probable cause of the accident. While their findings are not admissible in court to prove liability, the factual reports and evidence they gather are crucial for building a legal case.

GARA is a federal law that can bar lawsuits against manufacturers of smaller general aviation aircraft (less than 20 passenger seats) if the aircraft or a component part is more than 18 years old. However, there are important exceptions to this rule, which an experienced aviation attorney can analyze to see if a claim is still viable.

Victims and their families can seek compensation for economic damages like medical bills, lost wages, and loss of future earnings. They can also pursue significant non-economic damages for pain and suffering, emotional distress, loss of consortium, and, tragically, pre-impact terror. In cases of wrongful death, this includes the full value of the decedent’s life.

International aviation accidents are typically governed by a treaty called the Montreal Convention. This treaty establishes a form of strict liability for airlines up to a certain monetary threshold, meaning victims do not have to prove fault to recover initial damages. However, it also has specific rules about where a lawsuit can be filed, making these cases legally complex.

The time limit, or statute of limitations, varies. For domestic flights, it is typically governed by state law (often two years in Idaho). For international flights under the Montreal Convention, it is a strict two-year limit. If a U.S. government entity like the FAA is involved, you may have to file an administrative claim even sooner. It is critical to contact a lawyer immediately.

Yes, hiring a specialized aviation accident lawyer is absolutely essential. These cases are among the most complex, involving federal regulations, international treaties, and highly technical evidence. The attorneys at Hepworth Holzer possess the necessary experience and resources, proven by top legal honors like Idaho Trial Lawyer of the Year, to navigate these challenges, confront large corporations and insurers, and maximize your recovery.