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1) WHO IS LEGALLY LIABLE FOR DAMAGES IN A GENERAL AVIATION ACCIDENT? Potentially liable parties vary depending on the cause of
the accident. The owner and operator of the aircraft certainly may
be liable. Manufacturers or maintenance suppliers may be liable
in certain circumstances. In one recent case, a company that leased
a plane to an inexperienced pilot was found to be liable. An experienced
aviation attorney is essential in identifying all possible claims
and defendants.
2) WHAT IS THE NTSB? The National Transportation Safety Board ("NTSB") is an independent
federal agency charged with investigating every civil aviation accident
in the United States. Its jurisdiction also includes trains and
other vehicle accidents as well. The NTSB also issues safety recommendations
aimed at preventing future accidents. The NTSB maintains the government's
database on civil aviation accidents and conducts special studies
of transportation safety issues of national significance. The NTSB
also provides investigators to serve as U.S. representatives in
aviation accidents overseas involving U.S. - registered aircraft,
aircraft or major components of U.S. manufacturers or where requested
by foreign governments.
3) WHAT IS THE FAA? The Federal Aviation Administration ("FAA") is the element
of the U.S. government with primary responsibility for the safety
of civil aviation. It is separate from, and independent of, the
NTSB.
4) WHAT ROLE DOES THE FBI PLAY IN THE INVESTIGATION
OF AN AVIATION ACCIDENT? The FBI's role is to investigate the possibility of sabotage
or some other criminal act that may have contributed to an accident.
Though the FBI is consulted in many aviation disasters, they take
over jurisdiction only in rare cases where criminal acts form the
reason for the accident.
5) WHAT AGENCIES ARE INVOLVED IN THE INVESTIGATION
OF AVIATION ACCIDENTS? In addition to the NTSB, FAA and FBI, accident investigation
may involve foreign or local authorities or the Departments of Justice,
State and/or Defense. Agencies such as the American Red Cross, Department
of Health and Human Services and Federal Emergency Management Agency
may also be involved in providing services to victims and their
families. Depending on the circumstances of any given crash, other
agencies may also be involved.
6) WHAT INSURANCE IS THE OWNER OF A GENERAL
AVIATION AIRCRAFT REQUIRED TO HAVE? The typical liability insurance policy will provide $100,000
of coverage per passenger/injury.
7) WHAT IS A "STATUTE OF REPOSE?" In the context of aviation litigation, a "Statute of Repose"
limits the time a lawsuit may be filed with regard to how long an
airplane or part has been in service. The applicable time period
varies depending on the jurisdiction.
8) WHAT IS A "BLACK BOX?" The term "Black Box"actually refers to two "black boxes"
- the flight data and cockpit voice recorders. These instruments
record a wide variety of information, such as speed and altitude
or the voice communication within the cockpit. The black boxes are
also equipped with beacons that aid rescuers in locating them.
9)CAN THE GOVERNMENT BE HELD RESPONSIBLE FOR
AN AVIATION ACCIDENT? Under the Federal Tort Claims Act, the United States has been
sued for the negligence of an air traffic controller that led to
an aviation disaster.
Aircraft accidents from 1984 to 2003 totals some 42,724
Accidents, Fatalities, and Rates, 1984 through 2003, averaged yearly 2137 this pertains to accidents that involve civil aircraft and certain public aircraft of the United States “wherever they occur.”
Newsroom
News about Aviation cases in Minnesota and nationwide:
Definition:
In the absence of holding instructions, a clearance to “taxi to” any point other than an assigned takeoff runway is a clearance to cross all runways that intersect the taxi route to that point. It does not include authorization to taxi onto or cross the assigned takeoff runway at any point.
Atmospheric Conditions
Definition:
Haze, flight over open water, or an obscured horizon can make it difficult to see distant objects, impairing the ability to refocus vision.
Carburetor icing
Definition:
affects engines with carburetors, and air intake blockage, which affects both carbureted and fuelinjected engines.
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