Orlando Aviation Accident Lawyer

The United States is home to the largest general aviation community in the world, according to the Federal Aviation Administration (FAA). Our more than 220,000 active aircraft include fixed-wing general aviation airplanes, rotorcraft, balloons, and turbojets. Thousands of commercial flights take to the air each day, which leads to about 5,000 commercial aircraft in the sky during peak operational times.

If you are a pilot or passenger and you were in a general or commercial aviation accident—including a little tourism sightseeing flight by helicopter or hot air balloon—Florida law entitles you to seek compensation for damages if your injuries resulted from another party’s action or inaction. If you live in the Orlando area, contact Michael T. Gibson P.A. at 407-422-4529 for a free consultation to discuss the details of your case and determine your eligibility for compensation.

Michael T. Gibson Gets Results

Michael T. Gibson has been representing personal injury victims for almost two decades. His continued commitment to client service and justice has resulted in the recovery of millions of dollars in damages for his clients. Gibson remains dedicated to professional excellence and has been repeatedly recognized by his peers through Martindale-Hubbell and Avvo.com.

Each case has distinctive characteristics and surrounding facts that can affect the amount of an award or settlement, so we cannot guarantee an outcome for any particular case, but Michael T. Gibson will aggressively pursue the best outcome possible for your individual circumstances.

Why Do Aviation Accidents Occur?

A wide array of circumstances might result in an aviation accident in the air or on the ground. Boeing Corporation has invested ample time and resources investigating the causes of airplane crashes. They report that most accidents in the early days of aviation were the result of poor aircraft design, malfunctioning instruments and equipment, and other mechanical issues with the aircraft.

Today, 80 percent of commercial airliner accidents are a result of human error by aircraft mechanics, pilots, and air-traffic controllers. General aviation accidents in smaller private aircraft are caused by pilot error about 75 percent of the time, according to the Aircraft Owners and Pilots Association (AOPA).

The following situations might lead to an aviation accident for a small aircraft or a large commercial airliner:

• Improper use or electronic malfunction of gauges, instruments, and aircraft equipment. When pilots fail to correctly read instruments such as the altimeter or push an aircraft past its limits, severe damage might occur, which results in an emergency landing or crash. This is especially common in smaller planes that don’t have an autopilot features or automatic warning systems. Electronic malfunction in newer and larger aircraft can cause instruments and equipment to fail, which can be deadly in inclement weather.
• Malfunctioning landing gear. When landing gear won’t retract after take-off, it can cause extra drag during flight. At high speeds, this can lead to an aviation accident. Yet, landing gear that won’t come down before reaching the runway is far more likely to lead to an accident. Skilled pilots can make a belly landing, but it certainly won’t be smooth and might lead to injury.
• Distracted pilots. Commercial pilots who carry passengers must adhere to ‘sterile cockpit’ rules below 10,000 feet. This means no chatting, eating, or other distractions are allowed, forcing flight crews to focus on take-off and landing, the two most dangerous times during flight. General aviation pilots don’t have the same requirements, so distractions are more likely to lead to an aviation accident in smaller aircraft.
• Bird strikes. Not only do aircraft share the sky, but they must also share it with birds. When a propeller strikes a bird or birds fly into one or more jet engines on a commercial airliner, it can lead to a major aviation disaster. In recent years, the most famous example of a bird strike disaster occurred on U.S. Airways Flight 1549, which flew into a flock of geese. After the strike caused both engines to fail, the captain, Chesley “Sully” Sullenberger, landed the plane on the Hudson River.
• Radar malfunction/Air Traffic Control (ATC) error. Radar plays a large part in decisions ATC makes to route pilots and pilots also use radar to avoid air traffic. When an error occurs or radar malfunctions, midair collisions might occur.
• Poor fuel planning. Private and commercial pilots need to spend time planning for fuel before they take off. They must have enough fuel onboard for their route and for additional time in case of a delay or emergency. Poor planning can result in aircraft running out of fuel and needing to make an emergency landing. Too much fuel in smaller planes, especially on hot and humid days, can cause weight and balance issues and lead to an aviation accident.
• Weight and balance issues. When an aircraft is in flight, four different forces act upon its wings to keep it in the air: lift, weight, thrust, and drag. When these forces aren’t correctly balances, an aircraft will not take off. This makes it extremely important for ground crew and pilots to make precise weight and balance calculations in regards to people and/or cargo they are carrying. Improper loading and miscalculation can lead to severe accidents during takeoff.
• Engine failure. Bird strikes might cause engine failure, but many other mechanical issues might cause a plane’s engine(s) to fail. When pilots cannot successfully land the aircraft without an engine or make it to an adequate runway, a severe aviation might occur, resulting in injury and fatality.
• Poor maintenance practices. All pilots, as well as different types of aircraft, must comply with different Federal Airway Regulations (FARs) in regards to maintenance. In any case, all aircraft require specific maintenance practices that include in depth inspections and regular preventative maintenance to ensure their airworthiness. When airplane mechanics make a mistake or do sloppy work and sign off on an aircraft that isn’t airworthy, a wide variety of aviation accidents might occur. Even something as simple as not connecting a fuel line after inspection can result in engine failure and lead to a crash.
• Pilot error/inadequate training. When bad weather occurs, an engine fails, instruments malfunction, or another emergency arises, the pilot’s or flight crew’s reaction to that emergency often determines the severity of an accident. Pilots with adequate training and lots of experience can avoid disaster in the worst situations. Inexperienced pilots with low flight time make more errors and might not be as responsive in an emergency.

Determining Liability in Aviation Accidents

Figuring out the party who is financially responsible in an aviation accident isn’t an easy task for lawyers, insurance companies, or airlines. The National Transportation Safety Board investigates every general and commercial aviation accidents. Commercial airliners have cockpit voice recorders and flight data recorders, informally called “little black boxes.” These devices can provide information about events leading up to an accident, but they don’t always offer information about how or why an accident occurred. Investigators have even less information in small plane crashes; only survivor testimony and debris offer potential answers to what causes an accident.

Depending on the results of the NTSB investigation, one or more of the following parties might be named in a lawsuit:

• Pilot-in-command (PIC). Airlines, passengers, insurance companies, and even the NTSB, will look to place blame on the pilot-in-command of an aircraft. The pilot has the last word about the plane and flight. He or she decides if the plane is airworthy, whether to take off or land in inclement weather, and what measures to make in the case of an emergency. Although pilot error might play a part in an aviation accident, it’s highly unlikely to be the only cause of an accident.
• Aircraft owner or airline. In general aviation, many pilots own their own planes. In other cases, pilots might lease a plane from another owner, a fixed-based operator (FBO), or share ownership with others. Large commercial planes are typically owned by charter companies or airlines, but they can also be owned by individuals or private corporations. Regardless of who owns the plane, the Federal Aviation Administration (FAA) requires aircraft owners to ensure their planes are airworthy by following their maintenance standards and performing required inspections.
• Fix-based operator (FBO). FBOs are organizations granted permission by an airport to provide services. Some examples of services include flight schools, aircraft rentals, maintenance services, hangar space, airplane tie-down/parking services, and fuel services.
• Airplane maintenance companies. Third parties who inspect, repair, and service aircraft must comply with FAA guidelines for maintenance procedures. Failure to comply might contribute to an aviation accident.
• Aircraft manufacturer. When defective aircraft or their parts cause an aviation accident, manufacturers might be financially liable for any bodily harm or fatality that occurs as a result of the accident.
• Federal government. The U.S. government employs air traffic control (ATC) specialists. When ATC makes an error that leads to an accident, courts might find the government financially liable for damages related to the accident.

Recovering Compensation After an Aviation Accident

If you have suffered harm in an aviation accident or lost a loved one, Florida law entitles you to seek compensation for damages in civil court. If your attorney negotiates a settlement or the court rules in your favor, you might receive compensation for the following damages or losses:

• Emergency rescue services. Small aircraft might need to land on a road or in a field, or they can crash in remote locations. If search and rescue teams must locate a downed aircraft, costs will quickly multiply.
• Costs of medical care. This includes emergency room visits, hospital stays, surgery, diagnostic scans, and prescription medication.
• Rehabilitation costs. Recovery from a severe accident often requires specialists to help regain bodily function, such as physical therapists and occupational therapists. An aviation accident victim might also need assistive devices such as crutches, wheelchairs, or canes.
• Current and future lost wages. Sustaining injuries in an aviation accident often results in weeks or months away from a job. In the most severe cases, accident victims cannot return to work.
• Pain and suffering.
• Mental anguish.
• Loss of consortium with a spouse.
• Other non-economic damages. Your attorney will advise you on which specific damages might apply to your case. Those who are surviving family members of a victim in a commercial aviation accident might also be eligible for compensation from a wrongful death lawsuit, depending on their relationship with the deceased.
• Punitive damages to punish defendants in extreme cases. If a pilot or airline intentionally violated Federal Airway Regulations (FAR), a Florida court might award punitive damages.

Get the Legal Help You Need From a Florida Aviation Accident Lawyer

Aviation accidents cause complex injury claims that might include multiple parties, especially when a commercial airline is involved. When aviation accidents occur on a commercial flight, airlines might push passengers into signing a waiver. This makes the legal process even more challenging for all those involved.

When severe accidents occur, fatalities are likely and survivors must cope with a complicated legal process. If you were fortunate enough to survive an aviation accident caused by another party’s action or inaction, you deserve full and fair compensation for injuries and losses, as well as the mental trauma that often occurs in the wake of an aviation disaster.

Michael T. Gibson is here to help you get the compensation you deserve. We can gather all the relevant documents and uncover the facts of your case while you cope with your injuries and loss.

Contact Michael T. Gibson, P.A. online or at 407-422-4529 to schedule a free consultation to discuss the details of your aviation accident and injuries. If you choose us to represent you, we handle personal injury cases on a contingency fee basis, collecting our attorney fees from any compensation you receive.