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1) WHO IS LEGALLY LIABLE FOR DAMAGES IN A GENERAL AVIATION ACCIDENT? 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. In one recent case, a company that leased
a plane to an inexperienced pilot was found to be liable. An experienced
aviation attorney is essential in identifying all possible claims
and defendants.
2) WHAT IS THE 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.
3) WHAT IS THE FAA? The Federal Aviation Administration ("FAA") is the element
of the U.S. government with primary responsibility for the safety
of civil aviation. It is separate from, and independent of, the
NTSB.
4) WHAT ROLE DOES THE FBI PLAY IN THE INVESTIGATION
OF AN AVIATION ACCIDENT? The FBI's role is to investigate 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 criminal acts form the
reason for the accident.
5) WHAT AGENCIES ARE INVOLVED IN THE INVESTIGATION
OF AVIATION ACCIDENTS? In addition to the NTSB, FAA and FBI, accident investigation
may 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.
6) WHAT INSURANCE IS THE OWNER OF A GENERAL
AVIATION AIRCRAFT REQUIRED TO HAVE? The typical liability insurance policy will provide $100,000
of coverage per passenger/injury.
7) WHAT IS A "STATUTE OF REPOSE?" In the context of aviation litigation, a "Statute of Repose"
limits the time a lawsuit may be filed with regard to how long an
airplane or part has been in service. The applicable time period
varies depending on the jurisdiction.
8) WHAT IS A "BLACK BOX?" The term "Black Box"actually refers to two "black boxes"
- the flight data and cockpit voice recorders. These instruments
record a wide variety of information, such as speed and altitude
or the voice communication within the cockpit. The black boxes are
also equipped with beacons that aid rescuers in locating them.
9)CAN THE GOVERNMENT BE HELD RESPONSIBLE FOR
AN AVIATION ACCIDENT? Under the Federal Tort Claims Act, the United States has been
sued for the negligence of an air traffic controller that led to
an aviation disaster.
The Government Be Held Responsible For An Aviation Accident
Under the Federal Tort Claims Act, the United States has been sued for the negligence of an air traffic controller that led to an aviation disaster.
Newsroom
News about Aviation cases in Texas and nationwide:
Definition:
Visual approach slope indicators provides visual descent guidance during the approach to a runway. The
lights are arranged in bars and vary in number from two to 16.
The “Blossom Effect”
Definition:
Motion is invaluable in drawing the eye’s attention. Yet two aircraft on a collision course will appear virtually motionless to each other, maintaining a constant relative bearing.
Structural Ice
Definition:
Pressure on the elevator may help to reattach airflow to the aileron. How quickly a surface collects ice depends in part on its shape. Thin, modern wings will be more critical with ice on them than thick, older wing sections.
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