Airplane Crash Case? Our Expert Aviation Lawyers Can Help Your Law Firm Win Big!

Bailey & Partners Law Firm Specializes in Aviation Lawsuits! Whether We Co-Counsel or Take the Lead, Our 30 Years of Aviation Law Make Us a Perfect Partner for Any Aviation Case!

So, you’re a lawyer and someone wants you to handle an airplane accident! Can you? Should you?????

Well, if you’re an experienced trial lawyer, the answer is probably “Yes” - if you hire the right consultants and experts.

Airplane accident cases typically have a lot of moving parts - particularly involving the following 5 Critical Areas: ?

1. Pilot Qualifications
2. Airplane Make & Model
3. Maintenance & Fuel
4. Weather
5. Air Traffic Control (ATC)

Note that the term “airplane” includes an aircraft with fixed wings, is heavier than air, and is capable of sustained, powered and controlled flight.

In contrast, an “aircraft” can be any machine that can fly, including a helicopter or a glider.?With that in mind, let’s take a look at five very important areas for you to examine in your airplane accident case. ????

How Pilot Qualifications Affect Airplane Accident Cases

What type of Pilot License did the pilot possess? From beginner to expert, the pilot licenses are:?Student Pilot, Private Pilot, Commercial Pilot, Certificated Flight Instructor (CFI) and Air Transport Pilot (ATP)

A few things to note:

• For a Student Pilot to fly solo, the CFI must sign and date the student’s flight logbook attesting that the student is qualified and safe to fly solo at the specific airport in a specific airplane. ??
• If the Student Pilot is going to fly to a “practice area” or to another airport, the CFI must write in the student’s logbook that the student is safe and competent for that subject flight.?Note: Failure to do so puts an immediate bull’s eye on the entity that rented or provided the airplane for the pilot – and - whoever signed off in the pilot’s logbook that the pilot was safe and competent in the subject aircraft.??
• If the subject airplane has a “retractable landing gear, flaps, and a controllable pitch propeller”… it is considered a “Complex Airplane” and thus, according to Federal Aviation Regulations (FAR) 61.31(e), the pilot must have “Received and logged ground and flight training from an authorized instructor who certified in the pilot’s log book that the pilot was proficient to safely operate a “complex airplane”.??

Regarding any aircraft accident, you must investigate the Pilot's Qualifications including the pilot’s Total Time and Time In Type. “Total Time” to some people means total time in the cockpit.?That’s not what you’re looking for – you’re looking for Total Time as Pilot In Command (PIC). Also, beware of "Time in Type". For example, a "Cessna 172 with a fixed landing gear" is different from a "Cessna 172 with a retractable landing gear". Beware: There are many similar types of airplanes made by Cessna, Beechcraft and Piper, but each model made by the manufacturer could have very different engines and aircraft systems. So, be on the lookout when comparing a pilot's "Time in Type".

According to the FARs, “Pilot In Command” means the person who:

1. “Has final authority and responsibility for the operation and safety of the flight;”
2. “Has been designated as pilot in command before or during the flight;” and
3. “Holds the appropriate category, class and type rating, if appropriate, for the conduct of the flight.”?

So, if someone has accumulated 1000 hours as Pilot in Command (PIC) but only 5 hours in a particular make and model aircraft, that can be a very relevant factor in your case.???

“Time in Type” means the pilot’s flight time in the particular make and model aircraft. If that’s only 1 hour, that’s not great!?You might need to re-think taking that case. ?

How Airplane Make & Model Affect Airplane Accident Cases

If the subject aircraft is a Multi-Engine aircraft, the pilot’s log book must indicate that a CFI has confirmed that the pilot has been found to be qualified and competent to safely operate the subject Multi-Engine aircraft.??

Regarding a pilot’s competency and currency the following may be very relevant to your case:

• Proof of Prior Flight Reviews (FAR 61.56)?
• Recent Flight Experience as PIC (FAR 61.57) Including Night Takeoff and Landing; and Instrument Proficiency
• PIC Proficiency check is required in two pilot operations and in “turbojet-powered” aircraft. ?(FAR 61.58)

What if the Pilot in Command (PIC) had 5000 hours and the Second In Command (SIC) had 8??Also not great. That indicates a lack of “crew coordination” experience and capabilities.?

Note: “Second In Command” means “…a pilot who is designated to be “Second In Command of an aircraft during flight time”.

The history of aviation crashes has proven that “equipment failures” can be serious “cockpit distractions" that caused or contributed to the crash.?You need to dig into the maintenance history and find out when the owner, operator or the pilot – knew or should have known about equipment failures before the crash.?Dig deep.?If you don’t, the other side will.

Here are some important things for you to consider:

When is an aircraft “Airworthy”? When the status of an aircraft, engine, propeller or part, conforms to its approved design and is in a condition for “safe operation”.

Can you overfly a 100 hour inspection??You can overfly a??100 hour limit by up to 10 hours, but only to re-position the aircraft for its 100 hour inspection.

Who is responsible for the Airworthiness of an Airplane??The Owner/Operator. (14 CFR 91.403(a)).

What are the Required Documents to Support Airworthiness:

• Airworthiness Certificate
• Aircraft Registration
• Operating Limitations
• Weight & Balance information

Is an Airworthiness Certificate required??Yes, and it must be displayed to passengers or crew. FAR 91.715

What is the definition of Airworthiness: When the status of an aircraft, engine or propeller or part conforms to its approved design and is in a condition for safe operation.

How Maintenance & Fuel Affect Airplane Accident Cases

If your cockpit has modern, electronic fuel system read outs, compare the fuel quantity that you ordered, with the fuel quantities displayed by your electronic read-outs.

As you probably already know, Annual Aircraft Inspections, are one of the required aircraft inspections for all aircraft, whether the aircraft is used for transportation of passengers, flight instruction, or just for pleasure.?

FAR 91.7: “No person may operate a civil aircraft unless it is in an “Airworthy Condition” i.e. safe for normal flight.?The regulation further states that: “The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in a condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical or structural conditions occur.”

Regarding maintenance, look for more than the required Annual and “100 Hour” inspections.?Look for any and all “squawks” (complaints) regarding any equipment “malfunctions” necessary for flight.?Then, find out what was done – or not done – after the complaints we’re noted.?Were any malfunctions reported??How were they resolved??Dig deeper than you think is necessary.?Your case might be on the line.??

So, if you’re a pilot and not an “FAA Licensed Mechanic”, how do you know if an airplane is, in fact, “airworthy”? The short answer is: You don’t.?That’s why the “Aircraft Log Book”, Engine Log Book(s) and the Propeller Log Book(s) [if applicable] must confirm that, at least, an “Annual Inspection” was performed and is still current; and if the airplane is rented or “used for hire”, the Aircraft and Engine Log Book(s) must also state that: “100 Hour Inspections” were performed and confirmed that the aircraft and its engines are airworthy.?

If maintenance, fuel, product defect or pilot training/checkout are issues in your case, your attorney and the experts must be totally in sync on those issues.??

Why? Because your liability targets may likely include one or more of the following:?

• The Aircraft owner or renter.
• The Aviation Business Operator
• The Airframe & Powerplant mechanic who signed off the last Annual Inspection and 100 Hour inspection.
• The Manufacturer of the subject aircraft??

How Weather Affects Airplane Accident Cases

One of the first things a pilot learns is that - Weather Is Dynamic!?In other words, it can change in a heartbeat!?It doesn’t matter whether you’re a freshly licensed Private Pilot or a seasoned Airline Transport Pilot – weather does whatever it wants to do, whenever it wants to do it.? As a result, if weather is an issue in your case - you – and your pilot expert - must analyze the issues and be in sync on all the legal issues. ??

Do we see a lot of “Student Pilot/Weather cases??No. If the weather is even slightly questionable, it’s an automatic “No Go” for student pilots.?

How about on the other end of the spectrum, Part 121 – Airline operators? ?No.? Sure, airlines do launch into crummy weather, but they also have state of the art equipment and very experienced pilots who routinely fly into challenging weather. ?

So, where are the majority of crashes??Typically in Part 91 Operations where pilots who own or rent aircraft may not have an “Instrument Rating” or may not be current for flying in IFR (Instrument Flight Rules) weather conditions.??

On the other end of the spectrum are Part 135 pilots who often only make money if and when they are flying!?Some Part 135 pilots, typically “Sight Seeing Flights” only make money when they are flying!? Accordingly, take a good look at the then existing weather : Was it safe or marginal?? Now it's your job to explain why it was safe or not.

Also in those “Sight Seeing” accidents, dig deep into the pilot’s employment conditions including how and when they are paid for their work, the length of their “duty day” which can’t exceed 120 hours in any calendar month; 34 hours in any 7 consecutive days; or 8 hours during any 24 consecutive hours for a flight crew consisting of one pilot. ?Also check the Aircraft and Engine Log Books for Annual Inspections and the required “100 Hour Aircraft Inspections” that are required on “flights for hire”.?

How Air Traffic Control (ATC) Affects Airplane Accident Cases

What is the primary duty of ATC?? To monitor and direct the movement of aircraft on the ground and in the air.?

What is the purpose of that duty?? To prevent collisions and issue safety alerts.

In addition to coordinating aircraft taking off and landing, ATC also transfers control of departing flights to other air traffic control centers and accepts control of arriving flights.?????

How does ATC accomplish its primary duty??It issues taxiing, take-off and landing instructions using radio communications and radar vectors and if that fails, light signals.??

What are the 4 types of Air Traffic Controllers??Ground Control, Local Control (Tower), Clearance Delivery and Flight Data.

What are the most critical functions of ATC?? Separation of taxing, departing and arriving aircraft to prevent aircraft collisions.

If you have any questions regarding any of the above or any other aviation accident, incident or question, feel free to contact Bailey & Partners so we can answer any questions you may have.

Until then, we wish you safe flying and good results with your cases!?

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