Airplane Accidents and Injuries - An Overview
According to the Federal Aviation Administration (FAA) air travel is expected to double over the next 20 years. As air traffic increases so does the risk of an aviation accident. Generally, air traffic is considered to be a safe means of transportation, but when accidents do occur they often result in absolute fatalities. Smaller, less serious accidents involving private aircraft are more frequent than people realize because most of these airline incidents are unreported.
Potentially liable (legally responsible) 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; even the federal government may bear some responsibility in an aircraft accident.
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Strict Liability in Aviation Accidents
While pilot error usually plays a part in aircraft accidents but problems with the aircraft or its component parts may contribute to the accident or the severity of injuries suffered. In those cases, the manufacturer of the aircraft, or the manufacturer of a component part, may share the legal blame with pilots for the crashes or for the injuries the accident caused under the legal theory of strict liability.
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Criminal Liability in Aviation Accidents
In addition to a civil claim against individuals or entities for causing an aviation accident, the government may also pursue criminal sanctions. 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.
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Aviation Safety Tips
The severity of injuries suffered in a serious aviation accident depends on many factors. Most people assume there isn't very much an individual can do to protect themselves. However, there are some general safety tips to follow when you travel by air.
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Settlements and Damages In Wrongful Death Cases
Wrongful death actions can be very complicated, as the wrongful acts of several parties may have contributed to an individual's death. Pre-trial, out of court settlements are common in wrongful death cases, because most defendants want to avoid the publicity of having caused a death. When such out-of-court settlements occur, a reduction of the wrongful death damages award issued by a judge or jury will also occur. Thus, if a plaintiff settles a claim against one defendant, the plaintiff's recovery from any other defendant is thereby reduced. Additionally, the plaintiff's release of one defendant frees that defendant from liability to contribute to any other defendant, and waives his/her claim for any contribution from co-defendants. In other words, the released defendant is out of the action, and the remaining defendant(s) will pay no more than their comparative share of the culpable conduct as found by the jury.
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