Attorney at Gina Corena & Associates

Practice Areas: Personal Injury

Airplane travel is one of the safest modes of transportation, yet accidents do happen. While commercial airline crashes are rare, private plane accidents, emergency landings, and in-flight incidents occur more often than people realize. When an aviation accident happens, victims and their families are left with serious injuries, financial burdens, and unanswered questions.

Who is responsible? How do you seek compensation? What are your legal rights?

If you or a loved one has been affected by an airplane accident, understanding the legal process is crucial. Multiple parties can be held liable, from the pilot and aircraft owner to maintenance crews and manufacturers. Aviation cases are complex, requiring a deep understanding of both federal and Nevada state laws.

In this guide, we will break down the causes of airplane accidents, liability issues, legal rights, and the steps you need to take if you or someone you know has been injured in an aviation-related incident in Las Vegas.

Common Causes of Airplane Accidents

Airplane accidents can happen for several reasons, and determining the cause is essential in establishing liability. While pilot error is the leading cause, many other factors can contribute to a crash.

Pilot error is responsible for the majority of aviation accidents. Mistakes in navigation, poor decision-making, or fatigue can lead to dangerous situations. Even experienced pilots can make errors that result in devastating crashes.

Mechanical failures are another leading cause. If an aircraft’s components fail due to poor maintenance, manufacturer defects, or faulty repairs, the consequences can be catastrophic. Some parts may wear out over time, while others might have design flaws that make them prone to failure.

Air traffic control negligence can also play a role. Miscommunication between pilots and air traffic controllers, failure to provide proper instructions, or allowing two aircraft to come too close can lead to accidents. In busy airspaces like Las Vegas, proper coordination is essential for safe takeoffs and landings.

Extreme weather conditions can make flying dangerous. While pilots are trained to handle turbulence, storms, and fog, unpredictable weather can still lead to crashes. In some cases, the failure to delay or reroute a flight in unsafe conditions can contribute to an accident.

Regulatory violations can also be a factor. The Federal Aviation Administration (FAA) has strict safety and operational regulations that pilots, airlines, and aircraft owners must follow. If these rules are ignored or neglected, the risk of accidents increases significantly.

Common Causes of Airplane Accidents

Who is Responsible for an Airplane Accident?

Determining liability in an airplane accident is complex because multiple parties may share responsibility. Unlike car accidents, where liability is usually straightforward, aviation accidents often involve a combination of factors that contribute to the crash.

  • The pilot and crew may be liable if their actions directly led to the accident. This includes mistakes in judgment, failure to follow safety protocols, or operating under the influence.
  • The aircraft manufacturer could be responsible if a defect in design or production caused mechanical failure. Even minor flaws in an aircraft’s structure, wiring, or control systems can lead to accidents.
  • Airlines or private aircraft owners can be held accountable if they fail to maintain the aircraft properly. Routine inspections, repairs, and compliance with safety standards are their responsibility.
  • The maintenance crew plays a crucial role in aircraft safety. If mechanics overlook issues, fail to repair defects, or use substandard replacement parts, they may be at fault for an accident.

Air traffic control is another potentially liable party. Mistakes in directing flights, failing to detect hazards, or miscommunicating with pilots can have serious consequences.

Understanding Aviation Law & Liability in Nevada

A mix of federal and state laws governs aviation accidents. The FAA (Federal Aviation Administration) sets nationwide regulations for airline safety, maintenance, and pilot requirements. The National Transportation Safety Board (NTSB) investigates airplane crashes and determines the probable cause of an accident.

In Nevada, the state follows comparative negligence laws, which means that even if a victim is partially at fault for an accident, they can still recover damages as long as they are less than 50% responsible.

Comparative Negligence in Nevada: “Under Nevada law, a victim may still recover compensation if they are less than 50% responsible for the accident.”

If you or a loved one has been injured in an airplane accident, an experienced Las Vegas airplane accident attorney can help determine liability and hold the responsible parties accountable.

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Types of Compensation Available to Victims

Aviation accidents often result in life-changing injuries. The financial impact can be overwhelming, which is why victims have the right to seek compensation. Medical expenses, including emergency treatment, surgeries, and long-term rehabilitation, can be recovered in an airplane accident claim.

If the victim is unable to return to work due to injuries, lost wages and future earnings can be compensated. Pain and suffering damages account for the physical pain, emotional trauma, and mental distress caused by the accident.

For families who have lost a loved one in a crash, wrongful death claims can help cover funeral expenses, loss of income, and the emotional toll of losing a family member.

Aviation Accident Liability Breakdown

Liable Party How They May Be Responsible
Pilot Error in navigation, intoxication, reckless flying
Aircraft Manufacturer Defective components, faulty design
Airline or Private Owner Lack of proper maintenance, safety violations
Air Traffic Control Communication errors, failure to warn of hazards
Maintenance Crew Inadequate inspections, improper repairs

Legal Process: Filing an Aviation Accident Lawsuit in Las Vegas

If you or a loved one has been involved in an airplane accident, taking immediate action is critical.

Seeking medical attention should be your priority. Even if injuries do not seem severe at first, some complications may appear later.

Documenting evidence, including photos of injuries, accident reports, and witness statements, can strengthen your case.

Consulting a Las Vegas airplane accident lawyer before speaking with insurance companies is crucial. Insurers often try to minimize payouts, and an attorney can protect your rights.

Understanding the statute of limitations is essential. In Nevada, personal injury claims generally must be filed within two years of the accident.

Aviation Accident Lawsuit in Las Vegas - corena law

FAQs

What should I do immediately after an airplane accident?

Seek medical help, document the incident, and consult a Las Vegas airplane accident lawyer before speaking with insurers.

Who determines fault in an airplane accident?

The NTSB investigates aviation accidents, and legal experts analyze reports to establish liability.

Can I sue an airline or aircraft manufacturer for my injuries?

Yes, if their negligence, defective parts, or regulatory violations caused the accident.

How long do I have to file an aviation accident lawsuit in Nevada?

Nevada’s statute of limitations typically allows two years for personal injury and wrongful death claims.

What compensation can I receive after an airplane accident?

Medical bills, lost wages, emotional distress, and wrongful death claims (for families of deceased victims).

Do I need an attorney to file a claim for an airplane accident?

Yes, aviation cases are complex and require legal expertise to hold responsible parties accountable and maximize compensation.

Conclusion: Protecting Your Rights After an Airplane Accident

Airplane accidents are devastating, but victims don’t have to navigate the legal system alone. Seeking justice and fair compensation requires expertise in aviation law and a deep understanding of liability.

A skilled Las Vegas airplane accident attorney can help you determine who is responsible, gather evidence, and fight for the compensation you deserve.

If you or a loved one has been affected by an airplane accident, reach out to an experienced legal team today. Your recovery should be your top priority—let a trusted attorney handle the rest.

As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

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