Category Archives: Airplane Accident Case

How to Win an Airplane Accident Case

One thing you have to prioritize to win an aviation case is to hire an airplane accident attorneys. They are highly skilled professionals that make sure to serve justice to their clients. Below are some ways on how they conduct their cases.

Actual Evidence

Gathering proof of what caused the plane to crash is a challenging activity, especially if there are no survivors to testify their experience and what happened. The airplane itself is also too demolished due to the crash that it might be difficult for the FAA investigators to start piecing together the crash’s cause.

“Res Ipsa Loquitur”

Plaintiffs typically have the help of “res ipsa loquitur” — a legal theory used in airplane crashes where negligence is presumed if the three conditions are met.

  • The accident does not usually happen due to someone’s negligence.
  • The injury or accident was due to an instrumentality or agency within the exclusive control of the defendant.
  • The injury or accident was not caused by any contribution or voluntary action of the plaintiff.

Thus, in almost all airplane crashes brought by anyone other than either the co-pilot or pilot, negligence will be presumed if the airplane crashes.

Violation of a Regulation

Plaintiffs can also get help with regards to proving an aviation case if they state an absolute violation of a safety regulation or statute. Such violations can establish a presumption of negligence and, in turn, allowing the defendant to carry the burden. You can research more on laws that regulate the industry of aviation.

Investigating Aviation Crashes

Federal agencies have the authority to investigate all airplane crashes. A plaintiff must receive a report from an agency immediately after the accident. Despite not definitive of any liability issues, the report will typically contain valuable information that you can develop for potential defendants and causes of the crash.

After filing a case, the airplane accident attorney of the plaintiff should make a notice immediately for aircraft inspections or its remains, along with all the necessary documents regarding the flight. Aviation professionals and experts will conduct the document review and investigation together with the plaintiff’s attorney.

Aviation cases are incredibly challenging. But with the right airplane accident attorney, you can expect a qualified professional that will ensure you a win on the matter.