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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.
FAA enforcement actions (certificate action or civil penalty cases)
From the short reporting period of 10/1/03-
12/31/03. The FAA reported 82 cases of related certificate action or civil penalty case violations. Ranging fines of $750 to $50,000 on violations during this reporting time. Some fines for activity topics were: Training-Flight Crew, Flight Operations, Quality Control, Drug Testing, & other types of violations.
Newsroom
News about Aviation cases in Hawaii and nationwide:
Definition:
Wake turbulence is a concern whenever small aircraft share an airport with larger ones. The powerful vortices that spiral off the wing tips of heavier aircraft—turboprops and business jets, as well as airliners— can suddenly and unexpectedly toss a small airplane out of control.
Deicing
Definition:
Is used after ice has built up to an appreciable amount. Typically this includes surface deice equipment.
Night Landing Illusions
Definition:
Landing illusions occur in many forms. Above featureless terrain at night, there is a natural tendency to fly a lower-than-normal approach. Elements that cause any type of visual obscuration, such as rain, haze, or a dark runway environment also can cause low approaches.
If you live in the following cities and need an Aviation attorney you should contact
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Schofield
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Wahiawa
Waianae
Wailuku
Waimalu
Waipahu
Waipio
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