Aviation accidents cause severe injuries and losses. When a plane crashes or a helicopter goes down, victims and their families face life-altering consequences. If you or a loved one suffered injuries in an aviation accident in Huntington Beach or throughout Southern California, DJA Injury Attorneys can help. Our aviation accident lawyer in Huntington Beach has experience with these cases and the resources to help you pursue compensation.
Why Choose DJA Injury Attorneys for Your Aviation Accident Case
When your family faces an aviation accident, you need a lawyer who understands how insurance companies operate. Jeff Schwalbach, founder and principal attorney at DJA Injury Attorneys, brings 10 years of personal injury litigation experience to every case. His background includes work in insurance defense, which gives him knowledge of the tactics insurers use to minimize payouts.
Jeff earned his law degree from Pepperdine University School of Law. He is admitted to practice in California State Courts and U.S. District Courts of California. Super Lawyers recognized him as a Rising Star for multiple years. This honor goes to no more than 2.5% of eligible attorneys in California who are 40 years old or younger or have been practicing for 10 years or less. This recognition reflects peer acknowledgment within the legal community.
DJA Injury Attorneys operates on a contingency fee basis. You pay nothing unless we recover compensation for you. We offer free consultations to discuss your case and answer your questions. Our firm is available 24/7 to assist clients throughout Orange County and Southern California. You receive personalized attention from the principal attorney on every case.
What Causes Aviation Accidents
Aviation accidents result from various factors. Often, multiple causes contribute to a single accident. Understanding what led to an accident is important for determining legal responsibility. Identifying the cause is the first step toward holding negligent parties accountable and securing compensation for your injuries.
Pilot Error and Training Issues
Pilot error remains a leading cause of aviation accidents. This includes mistakes in navigation, improper handling of aircraft systems, and failure to follow proper procedures. Poor decision-making during critical situations also contributes to accidents. Inadequate training or failure by airlines to properly train pilots can also cause accidents. When pilots lack proper instruction or experience, they may not respond appropriately to emergencies or challenging weather conditions. Airlines that fail to provide adequate training may face liability for negligent hiring and training.
Aircraft Maintenance and Mechanical Failures
Aircraft require rigorous maintenance schedules. All systems must function properly. When maintenance is neglected or performed incorrectly, mechanical failures can occur. These might include engine problems, hydraulic system failures, landing gear malfunctions, or structural issues. Airlines and maintenance companies have a legal duty to maintain aircraft according to Federal Aviation Administration (FAA) regulations. Violations of these maintenance standards can result in strict liability claims against manufacturers and maintenance providers.
Air Traffic Control Errors
Air traffic controllers guide planes safely through airspace. They coordinate takeoffs and landings. When controllers make mistakes, accidents can result. These mistakes include providing incorrect altitude instructions, failing to warn of other aircraft, or miscommunicating critical information. The Federal Aviation Administration oversees air traffic control operations and establishes safety protocols.
Weather-Related Factors
Severe weather, including thunderstorms, icing conditions, low visibility, and wind shear, can challenge pilots. However, pilots and airlines have a responsibility to monitor weather forecasts and take reasonable precautions. Failure to do so may constitute negligence. Pilots must follow FAA weather minimums and divert or delay flights when conditions become unsafe.
Design and Manufacturing Defects
Aircraft manufacturers must design and build planes that are safe for intended use. Defects in design or manufacturing can lead to accidents. These might include structural weaknesses, faulty components, or systems that fail under normal operating conditions. Manufacturers may be held liable for injuries caused by defective aircraft. If you suffered injuries from a defective aircraft component, you may have a product liability claim.
Types of Aviation Accidents We Handle
Aviation accidents take many forms. Each presents unique legal challenges. DJA Injury Attorneys handles cases involving:
- Commercial airline crashes
- Private aircraft accidents
- Helicopter crashes
- Small plane collisions
- Cargo aircraft incidents
- Charter flight accidents
Whether you were a passenger on a commercial flight, a private pilot, a crew member, or someone on the ground affected by an aviation accident, we can help you understand your legal options and pursue compensation for catastrophic injuries. We also handle cases involving traumatic brain injuries and spinal cord injuries, common in aviation accidents.
Determining Liability in Aviation Accidents
Determining who is legally responsible is one of the more challenging aspects of aviation accident cases. Unlike a simple car accident with two vehicles, aviation accidents often involve multiple potentially liable parties. Our Huntington Beach personal injury attorneys have experience investigating complex liability scenarios.
The pilot may bear responsibility if their actions or decisions caused the accident. Airlines can be liable for negligent hiring, inadequate training, or failure to maintain their aircraft. Aircraft manufacturers may be responsible if a defect in design or manufacturing contributed to the crash. Maintenance companies can be held accountable for improper repairs or failure to identify problems. Air traffic control facilities may bear liability for controller errors.
The National Transportation Safety Board (NTSB) investigates all commercial aviation accidents and many general aviation accidents. The NTSB’s investigation produces a detailed report that identifies the probable cause of the accident. The report’s factual portions may serve as evidence in determining liability, though probable cause conclusions are not admissible in court under 49 U.S.C. §1154(b).
The Federal Aviation Administration (FAA) establishes regulations that govern aircraft design, maintenance, pilot training, and operations. Violations of FAA regulations may serve as evidence of negligence or support negligence per se claims, though federal preemption doctrines may limit some state law claims. Additionally, aviation accident cases may involve strict liability claims, particularly when a defective aircraft or component caused the accident. Under strict liability, you may recover compensation if the product was defective, even without proving negligence.
Compensation Available in Aviation Accident Cases
Aviation accidents often result in severe injuries or death. The compensation available in these cases may include:
- Medical expenses including emergency care, surgery, hospitalization, rehabilitation, and ongoing treatment
- Lost wages and loss of earning capacity if injuries prevent you from working
- Pain and suffering damages for physical pain, emotional distress, and reduced quality of life
- Permanent disability or disfigurement damages
- Wrongful death claims for families who lost a loved one in the accident
- Punitive damages in cases where the defendant’s conduct involved oppression, fraud, or malice as defined by California Civil Code §3294
The specific damages available depend on the circumstances of your case, the severity of injuries, and the degree of negligence involved. Our attorneys can help you understand what compensation you may be entitled to recover.
The Aviation Accident Claims Process
After an aviation accident, the path to recovery involves several important steps. Immediately following an accident, seek medical attention for any injuries, even if they seem minor, as some conditions may not be immediately apparent.
Preserve evidence by documenting the accident scene if possible. Take photographs and collect contact information from witnesses. Do not discuss the accident with insurance representatives without legal counsel, as your statements may be used during the claims process. Contact our Huntington Beach office before speaking with insurers.
Your attorney will gather evidence, including the NTSB investigation report, FAA records, maintenance logs, pilot records, weather data, and witness statements. We work with aviation professionals and accident reconstruction specialists who analyze evidence and may provide testimony regarding causation and responsibility. Our team reviews case results from similar aviation accident cases to build your claim.
Insurance companies often attempt to minimize payouts by disputing liability or the extent of injuries. We negotiate with insurers and are prepared to litigate if necessary. Many cases settle before trial, but we prepare each case for the possibility of litigation.
Frequently Asked Questions About Aviation Accidents
How long do I have to file an aviation accident claim?
In California, the statute of limitations for personal injury claims is generally two years from the date of injury. For wrongful death claims, the deadline is also two years from the date of death. However, California’s discovery rule may delay when the limitations period begins. Various factors can affect these deadlines, so it is important to consult with an attorney promptly. Learn more about California’s statute of limitations for personal injury cases.
What is the role of the NTSB in my case?
The NTSB investigates aviation accidents to determine the probable cause and issue safety recommendations. Its investigation is separate from any lawsuit. The final report provides factual information that may be used as evidence, though probable cause conclusions are not admissible in court under 49 U.S.C. §1154(b). The NTSB does not determine legal liability or award compensation.
Can I sue the airline or aircraft manufacturer?
Yes, depending on the facts of your case, you may be able to bring claims against the airline, aircraft manufacturer, maintenance company, or other parties. Liability depends on factors such as negligence, defective products, or regulatory violations. Our attorneys have experience pursuing claims against major airlines and manufacturers.
What damages can I recover in an aviation accident case?
You may recover economic damages such as medical expenses and lost wages, as well as non-economic damages like pain and suffering. In cases involving oppression, fraud, or malice under California Civil Code §3294, punitive damages may also be available.
How much does it cost to hire an aviation accident lawyer?
DJA Injury Attorneys works on a contingency fee basis. You pay no upfront fees. We only collect a fee if we recover compensation for you, typically as a percentage of a settlement or judgment. This means you have no financial risk in pursuing your claim.
What if I was partially at fault for the accident?
California follows a pure comparative negligence rule. Even if you were partially at fault, you may still recover compensation, though your recovery will be reduced by your percentage of fault. For example, if you recover $100,000 and are 20% at fault, you would receive $80,000. Our attorneys can help you understand how comparative negligence may affect your case.
How long does an aviation accident case typically take?
The timeline varies depending on the complexity of the case, the severity of injuries, and whether the case settles or proceeds to trial. Some cases resolve within a year or two, while others may take longer. We work to resolve cases as efficiently as possible while pursuing fair compensation. Review our case results to see examples of settlements we have achieved.
Contact DJA Injury Attorneys for Your Free Consultation
If you have been injured in an aviation accident, do not wait to seek legal representation. The sooner you contact an attorney, the sooner we can begin reviewing your situation and gathering relevant information. Call (949) 229-7228 today to schedule your free consultation with DJA Injury Attorneys. We are available 24/7 to answer your questions and discuss your case.
Our office is located at 19671 Beach Blvd., Suite 415, Huntington Beach, CA 92648. We assist clients throughout Orange County and Southern California. You pay nothing unless we recover compensation for you, and we handle cases on a contingency fee basis, so you can focus on your recovery while we handle your case.
