Arizona Plane Crash Continues Disturbing Streak of Recent Disasters

A midair collision between two small planes at Marana Regional Airport near Tucson on February 19 is the latest in a disturbing string of crashes across the US and Canada. This most recent incident involved a Cessna 172S and Lancair 360 MK II. Reports indicate that at least two people died in the crash. It’s too early to determine the cause of this tragedy – which is just one of numerous crashes in recent days, and the second in Arizona this month.

Other crashes indicate a disturbing trend

Just two days before the Tuscan crash, on February 17, a Delta plane landing in Toronto from Minneapolis flipped over at the Toronto Pearson Airport. While no fatalities are reported related to that crash, 21 passengers sustained injuries, and some of the victims were in critical condition.

On February 10, another crash took place in Arizona when a jet owned by Mötley Crüe singer Vince Neil veered off the runway and collided with a parked plane as it was returning from Austin, Texas. One of the pilots was killed in that crash.

An Alaska commuter plane crashed on February 6 while heading toward Nome, killing all ten passengers and crew members aboard. In Philadelphia on January 31, a medical transport carrying a child, her mother, and four others crashed into a residential neighborhood, leading to multiple fatalities. Just days before that, on January 29, a horrific midair collision between a commercial American Airlines flight and a military helicopter in Washington, D.C., killed 67 people.

Now that there have been six crashes in a few short weeks, it’s worth asking whether there is a systemic problem with the aviation industry.

Lawsuits start as victims’ families seek accountability

The family of one of the victims in the Washington, D.C., crash filed a lawsuit against the Federal Aviation Administration (FAA) and the US Army. Additional claims are likely to follow.

Lawsuits following plane crashes may involve several different legal theories of liability. Common claims include negligence and product liability. Negligence claims arise when a person or entity fails to exercise reasonable care under the circumstances, and their actions cause injuries to others. Most car accident claims are based on negligence laws. If a pilot engaged in risky conduct and caused a crash, the resulting claims might be based on negligence. For example, if a pilot or an air traffic controller was drunk, the resulting claim might be based on negligence. An entity like an airline could also be negligent if they have practices that fail to exercise reasonable care – such as if they hired or continued to employ a pilot who was known to have engaged in dangerous behaviors.

If the crash was caused, in whole or in part, by air traffic controllers actions, there could be a claim against the FAA.

In the case of product liability, the claims would be based on the equipment involved. If the plane was defective, and that led to the crash, the victims or their loved ones may file their claim based on product liability law.

Sometimes, as was the case with the Boeing plane crash in Indonesia a few years ago, the issue could be a combination of a defective product and a pilot who fails to take the proper actions. These cases can quickly become technical and complicated. It is important to have an attorney who understands aviation law and has the experience to handle these claims.

Filing cases against the government

Another issue that could impact claims related to the recent plane crashes is that the government could be a defendant in some of these cases. Different laws apply when a party wants to sue the government. Under the Federal Torts Claims Act (FTCA), it is possible to sue the government when their employees – like air traffic controllers – contribute to crashes.

However, there are strict procedural requirements and deadlines in those cases. It is also necessary to give the proper agency formal notice. Some evidence suggests that air traffic control might have contributed to the crash in Washington, D.C. In that case, the victims’ families will need to be diligent about taking all of the right steps to hold the relevant agencies liable.

Smaller plane crashes and lawsuits

The Washington, D.C. crash was one of the worst aviation disasters in recent times, but most plane crashes involve smaller aircraft, private planes, or charter flights rather than commercial airlines.

Charter flights, for example, aren’t the same as commercial flights in many ways, some of which can lead to additional risks. For instance:

• Charter flights aren’t subject to the same formal oversight from the FAA as commercial airlines.
• Pilots who fly commercial airlines must have extensive experience and training. Charter pilots might not have to meet the same standards.
• Commercial airlines tend to use modern aircraft, while the age and type of charter plane can vary significantly.
• Charter fleets don’t face the same strict maintenance standards as commercial planes.

Commercial airlines are operating large corporations, which means that they have the resources to spend on maintaining their fleets and hiring experienced pilots. They are also under a great deal of scrutiny from regulatory agencies. When it comes to smaller planes, the standards might be less consistent. It’s important to be cautious when selecting a charter service or deciding to fly on a smaller, private flight.

When accidents like the two in Arizona do take place, victims and their families need a place to turn. At Plattner Verderame Arizona Injury Lawyers, our attorneys have handled many aviation claims and are prepared to represent and advocate for you during this challenging time. In fact, Frank Verderame is a former pilot, and is extremely experienced in this field.

Fill out our contact form or call us to schedule a consultation with one of our dedicated aviation lawyers.