What injured plane crash passengers and families of victims can learn from civil cases like the one recently filed against US Airways.
Although still rare statistically, plane crashes have seemed to occur with far more frequency over the last year than what is typically discussed in the media. From accidents caused by pilot error to one even being possibly linked to a terrorist act, there have been several reports about commercial airline crashes that shook the world in 2014.
Included on the list of the year’s most noted aviation accidents is a plane crash that occurred at the Philadelphia International Airport in Match of 2014. US Airways flight 1702 crash landed at the airport forcing the 149 passengers and five crew members on board to evacuate the plane and run to safety.
Although the crash did not result in fatalities, it raised attention after an internal report by the Federal Aviation Administration concluded that pilot error was a factor.
Source: NBC Philadelphia Report “FAA Internal Report Finds Pilots in Philly US Airways Crash Didn’t Properly Set Flight Computer”
“The pilots behind the controls of a US Airways flight that crashed at Philadelphia International Airport in March failed to properly prepare the aircraft for takeoff, a Federal Aviation Administration report obtained by NBC10 concluded.”
To read more, please visit http://www.nbcphiladelphia.com/investigations/FAA-Internal-Report-Finds-Pilots-in-Philly-US-Airways-Crash-Didnt-Properly-Set-Flight-Computer-287248391.html.
One of the passengers involved has since filed a multi-million dollar lawsuit claiming he suffered permanent injury after jumping down the emergency slide of the aircraft and striking his shoulder.
Man Files $10 Million Lawsuit in US Airways Crash at Philadelphia International
“A New York man has filed a $10 million lawsuit against US Airways after he says he was injured following a crash landing at Philadelphia International Airport last year.”
To read more, visit http://www.nbcphiladelphia.com/investigations/Man-Files-10-Million-Lawsuit-in-US-Airways-Crash-at-Philadelphia-International-287388451.html.
Filing a lawsuit over a plane crash is a complex undertaking, as many legal experts in the field have noted including New York based aviation accident lawyer Jonathan C. Reiter, who is representing passenger Frank Gabbamonte in the aforementioned $10 million lawsuit against US Airways. The attorney has been called on by media outlets such as Bloomberg to give a legal perspective on aviation accident liability, emphasizing that several factors can play a role in what damages are applicable from case to case.
Attorney Jonathan C. Reiter recently stated to NBC10 about his client in this case, “In the process of going down the chute himself, he struck his left shoulder on the ground and caused a rather severe injury.” According to the federal lawsuit, Gabbamonte was forced to undergo surgery as a result of the crash and he has been unable to return to work.
Damages can be sought by those injured in a commercial airline crash or the surviving family members of victims in cases of wrongful death. It can be difficult; however, for plaintiffs in these cases to recover damages without help from an aviation accident attorney due to the complexities involved. The following are three legal lessons that can be learned from examining the circumstances of the US Airways Philly case that can help explain why professional assistance is needed in filing a civil lawsuit over a plane crash.
- Preliminary investigative findings may differ from final conclusions, which can take several months to become available – In the case of US Airways flight 1702, initial National Transportation Safety Board (NTSB) findings attributed the crash to wind sheer and a blown tire; however, FAA officials found that not only had the pilots “failed to properly prepare the aircraft for takeoff,” but the captain of the plane also had prescription drugs in his system after undergoing a medical procedure. The final conclusion of the NTSB has not yet been released. An attorney in these cases can help one better digest the facts and how they are applicable to their case.
- Investigative findings from different regulatory agencies may differ – As previously mentioned the NTSB and the FAA found seemingly varying factors that may have led to the crash of the US Airways flight. As an injured passenger, it is hard to tell on one’s own which information to rely on.
- Airlines may be liable for a number of reasons – In the lawsuit recently filed against US Airways, multiple transgressions are noted that may lead to a determination that the airline is liable for the plaintiff’s injuries. Without an attorney’s help; however, in determining which are, in the eyes of the law, recognized as negligent or wrongful acts that victims may be compensated for can be tough.
There are several resources available online that can help plane crash victims and their families if they need help with taking legal action in these matters. A final report from the NTSB concerning the US Airways Philadelphia crash is reportedly expected to be released in the spring.
