Who is Liable for an Airplane Accident in Alaska?

Who is Liable for an Airplane Accident in Alaska?

While many Alaskan communities are accessible only by air, aviation is a crucial component of daily life for residents of the state. However, this mode of transportation can also be dangerous. Not only can hazardous weather conditions and rough terrain lead to aviation accidents, but these incidents can also be caused by negligence. If you were injured or lost a loved one in an airplane accident, it’s essential to hold the responsible party accountable for their carelessness or recklessness.

Key Takeaways

  • Aviation is a vital but potentially dangerous mode of transportation for many Alaskan communities, where accidents can be caused by hazardous weather, rough terrain, and most commonly, negligence.
  • Several common causes of airplane accidents resulting from negligence can include pilot errors, defective parts, poor maintenance, improper cargo loading, and flight errors.
  • Airplane accident liability is complex and multiple parties may be held accountable, depending on the facts of the case.
  • A victim who can prove negligence in an airplane accident may be entitled to monetary recovery for both their economic and non-economic damages.

Causes of Alaska Airplane Accidents

From the unpredictable weather patterns, mountainous terrain, and logistical complexities of operating an aircraft in a remote region, there can be many causes of airplane accidents in Alaska. While each incident is different, negligence often plays a role in these matters. Common causes of airplane accidents caused by negligence can include the following:

  • Pilot errors: Pilot errors are the cause of many aviation accidents. Such errors may arise due to improper training, poor judgment, miscalculations, failure to follow procedures, or fatigue.
  • Defective parts: Manufacturing defects in airplane parts or faulty components are a common cause of equipment malfunctions that can lead to accidents.
  • Poor maintenance: Poor maintenance, corrosion, inadequate repairs, and improperly installed parts can lead to issues that cause engine and structural failure, resulting in accidents.
  • Improper cargo loading: Improper cargo loading can shift the aircraft center of gravity outside safe limits, resulting in loss of control, inability to rotate, and structural failure.
  • Flight errors: Flight dispatch errors or traffic control issues can lead to loss of control, improper decision-making, energy mismanagement during landing, and spatial disorientation, all of which are common causes of airplane accidents.

In the event an airplane accident was caused by negligence, a victim may be entitled to hold the responsible party liable for the injuries they suffered in a personal injury action.

Potentially Liable Parties in an Airplane Accident

Airplane accident liability can be complex. While liability depends upon the facts and circumstances surrounding the accident, there is often more than one party who can be held accountable. Parties who may be to blame for airplane accident injuries can include the following:

  • The pilot: Pilots are required to exercise due care when operating an airplane. In the event a pilot’s negligence, carelessness, or recklessness caused or contributed to the accident, they may be held liable for any damages incurred by passengers.
  • The airline: If an aircraft was operated as an air taxi, commuter service, or tourist vehicle, the airline is considered a common carrier and held to the highest degree of care when it comes to passenger safety. In addition to pursuing claims against other parties who may be potentially liable for their injuries, a victim can typically recover damages from the airline’s insurance carrier.
  • A parts manufacturer: If a faulty part or defective component caused the accident, a victim may be entitled to recover compensation for their injuries from the manufacturer.
  • The owner of the plane: The owner of the plane may be held liable for an accident if they failed to adequately maintain the plane, repair a known hazardous condition, or allow a pilot to operate it without the proper training.
  • A cargo company: In the event a cargo company’s negligence in loading the plane caused or contributed to the accident, they may be held accountable in a personal injury action.

While airplane accident liability can be highly nuanced, it’s critical to have the representation of a personal injury attorney who has experience in handling these matters. Skillful counsel can investigate your claim, identify all potentially liable parties, and help ensure each responsible party answers for their negligence.

Compensation for Injuries Suffered in an Airplane Accident

An airplane accident victim in Alaska may be entitled to recover a wide range of damages if they can prove that another party’s negligence caused their injuries. Monetary recovery in a personal injury action for airplane accident injuries can include both economic and non-economic damages. While economic damages are meant to compensate for a victim’s pecuniary losses, non-economic damages are designed to address the intangible losses that are much more difficult to quantify.

Compensation awarded in a personal injury action for airplane accident injuries can cover:

  • Unreimbursed medical expenses
  • Future medical costs
  • Lost wages
  • Future loss of earnings
  • Out-of-pocket costs
  • Pain and suffering damages
  • Loss of enjoyment of life
  • Emotional distress
  • Loss of consortium

Punitive damages may be awarded in limited cases where the negligent party’s conduct was particularly egregious. Significantly, if the accident resulted in a fatality, the victim’s family may be eligible to file a wrongful death lawsuit. This can cover compensation for funeral and burial expenses, loss of the victim's financial support, loss of companionship, loss of household services, and loss of inheritance.

Contact an Experienced Alaska Personal Injury Attorney

If you were injured or lost a loved one in an airplane accident in Alaska, it’s important to have a knowledgeable personal injury attorney by your side who can help ensure you receive the compensation you are rightfully entitled to. Proudly serving accident victims in Anchorage, Soldotna, Kenai, Palmer, Fairbanks, Juneau, Wasilla, and other areas of Alaska, The Trial Guy, Eric Derleth, provides trusted representation for clients facing a wide range of personal injury matters, including those involving aircrafts. Call 907-262-9164 to schedule a free consultation at our Anchorage or Soldotna office, or contact us online. Our phone lines are open 24 hours a day, seven days a week.

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