Common Myths About Airplane Accidents and the Legal Truth

Plane crashes are so rare and so tragic that they quickly become mythological. Basically, a myth is a made-up story grounded in fact. King Arthur was probably a real person. But he most certainly didn’t have a magic sword, a super-powered sidekick, or any other elements present in the myths. This post separates myths about airplane accidents from the legal truth of these incidents.

Most airplane accidents, especially small plane crashes, occur moments after takeoff or before landing. As a result, passengers have little or no warning and cannot prepare themselves for the impact. So, the airplane accident fatality rate is very high.

A Los Angeles airplane accident lawyer brings order to this chaotic time. When victims’ lives are turned upside down, they can count on their lawyers to thoroughly investigate their cases, take care of immediate needs, like medical treatment, and advocate for the compensation they need and deserve.

Is It True That All Plane Crashes Are Fatal?

As mentioned, the airplane accident fatality rate is unusually high. Nevertheless, not all airplane accidents are fatal for all victims all the time.

Mostly because the aircraft are so large and carry so much fuel, major commercial airline disasters can be catastrophic. However, many aviation accidents involve survivable injuries. Small private aircraft incidents, helicopter crashes, runway accidents, and emergency landings often cause serious but non-fatal injuries which, in many cases, are permanent.

Head injuries are a good example. When extreme motion, like a plane crash, causes the brain to slam against the inside of the skull, the brain cells that die never regenerate. Physical therapists must painstakingly train uninjured areas of the brain to assume lost functions.

Lifelong injuries usually require lifelong medical treatment and involve lifelong pain and suffering. So, a Los Angeles airplane accident lawyer should not settle these cases until medical treatment is at least substantially complete. Otherwise, doctors and other medical partners cannot properly ascertain the need for future treatment and the extent of future emotional distress.

Is Pilot Error Always the Cause of Airplane Accidents?

True to the classic myth format, this one is mostly true. Pilot error causes about 70 percent of the airplane accidents in Los Angeles. Other possible responsible parties include:

• Defective Components: All instruments must not only work. They must also work together. In an era when manufacturers in the four corners of the world provide airplane parts, these parts don’t always work together as they should.
• Air Traffic Controller Errors: These mistakes are especially common in small plane crashes. Some controllers spend so much time and energy tracking large, commercial flights that they have little time or energy left over for small airplanes.
• Poor Maintenance: The best-put-together aircraft is only as good as the ground crew that maintains it. Deferred maintenance is especially an issue among small aircraft, as penny-pinching owners often put off necessary work or authorize mechanics to take shortcuts.
• Negligent Training: Most small aircraft pilots are either business people who fly on the side or entry-level pilots. If these individuals trained at places that only told future pilots the bare minimum, a serious accident is inevitable.

To determine the nuts and bolts, federal investigators, including the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA), typically conduct detailed investigations to determine the cause of an accident.

All these possible causes complicate airplane accident cases. From a legal perspective, identifying every contributing factor is critical. California injury and wrongful death claims often depend on proving negligence or product liability. Even if a pilot made an error, another company or party may still share responsibility.

Shared responsibility may or may not affect the amount of compensation under California’s joint and several liability laws.

Can Families Sue After a Fatal Airplane Accident in Los Angeles?

Some people believe only passengers have legal rights and their families are powerless. This dangerous myth is incorrect.

True, federal agencies closely regulate aviation, and in many cases, these bureaucrats focus on accident causation instead of accident compensation. Nevertheless, victims and surviving family members may still pursue civil claims in California courts or federal courts.

Wrongful death claimants are usually entitled to compensation for funeral expenses, loss of financial support, emotional suffering, and other damages. Surviving victims are usually entitled to compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Are Small Plane Accidents Less Serious Than Commercial Crashes?

We’re not sure how this myth began. Perhaps people assume that small aircraft involve small legal issues. However, in many ways, small plane crashes are more complex than commercial jet crashes.

Small plane flights are more common in Southern California due to tourism, business travel, and recreational flying. Smaller aircraft may involve unique legal issues, including:

• Ownership disputes,
• Shared aircraft liability,
• Charter company negligence,
• Pilot licensing violations, and
• Improper aircraft inspections.

Despite their size, private aircraft are still subject to the aforementioned strict regulations. Failure to meet those obligations may create liability when accidents occur. Additionally, smaller aircraft may lack the extensive insurance coverage carried by major airlines, making compensation disputes more challenging.

Do Airlines Always Offer Fair Compensation After an Accident?

No way. After an accident, insurance companies and airline representatives may contact victims quickly. Some people assume these companies automatically provide fair settlements. Unfortunately, that is not always true. Insurance companies often attempt to minimize payouts by:

• Disputing liability,
• Questioning injury severity,
• Pressuring victims into early settlements, and
• Shifting blame to pilots or even passengers.

To overcome these obstacles, our aviation attorneys work with accident reconstruction experts, engineers, economists, and medical specialists to evaluate the true value of a claim.

Personal injury victims need to know the facts, not the myths, about their accidents. For a free consultation with an airplane accident lawyer in Los Angeles, call the Law Offices of Eslamboly Hakim at 1-800-529-8255. Virtual, home, and hospital visits are available.

What Compensation Can You Recover After an Airplane Accident in Los Angeles?

Aviation accidents often result in life-altering injuries and financial burdens that victims should never have to carry alone. California law allows airplane accident victims to pursue full compensation for every loss tied to the crash.

What Economic Damages Can You Claim?

Economic damages cover direct financial losses including emergency medical care, surgery, rehabilitation, future treatment costs, lost wages, and loss of earning capacity if injuries affect your ability to work long term.

What Non-Economic Damages Are You Entitled To?

Beyond financial losses, victims may also recover compensation for pain and suffering, emotional distress, permanent disfigurement, disability, and loss of enjoyment of life.

Can Family Members Recover Compensation After a Fatal Crash?

Yes. Surviving family members in wrongful death cases may recover funeral and burial expenses, loss of financial support, loss of companionship, and emotional suffering caused by the loss.

The Law Offices of Eslamboly Hakim fights to recover maximum compensation for victims across Los Angeles, Orange County, Riverside, San Bernardino, San Diego, and San Joaquin Valley. If you or someone you love was injured in an airplane accident, do not wait. Call 1-800-529-8255 today for a free consultation. Virtual, home, and hospital visits are available.