Aviation Accident Attorney Santa Clara
Steve Chang Law firm handles Aviation accident attorney needs in Santa Clara. We’ve all heard the saying “It’s safer to travel by plane, than by car.” Even though statistically this is true, a lot of people still develop a feeling of anxiety when boarding a plane. Even though aviation accidents are rare, the effect can be devastating when they do happen. There is often little if no warning, and the aftermath can literally affect thousands of people. It is always highly advisable to know your legal rights before boarding an aircraft, and in the off chance something does occur, who you should call.
Studies on the fear of flying are somewhat sparse, however, one of the most important studies was conducted in 1980 by The Boeing Company. A published report by Robert D. Dean and Kerry M Whitaker entitled, Fear of Flying, Impact on The U.S Air Travel Industry, found that 18.1% of adults in the United States were afraid to fly, and another 12.6% of adults experienced anxiety when flying. Basically, 1 in 3 adult Americans were afraid to fly.
Of all the reasons given for their fear of flying, 73% stated in-flight mechanical difficulties as being the concern, 62% feared bad weather flights, 36% by on-ground mechanical difficulties, 33% of over water flights, and 36% by flying at night.
There are occasions where a passenger may be injured on an aircraft, without it having actually been involved in an accident. Turbulence is the major cause of in-flight injuries un-related to an accident. According to data from the FAA.gov, between 1980 and 2008, 298 serious injuries and 3 fatalities occurred due to turbulence accidents in the United States.
Injury claims against an airline require the services of a specialized attorney or law firm. It is a very complex area requiring great attention to detail, knowledge of the law, and experience in this field. Some turbulence incidents can come under the term “acts of god.” An airline will not be liable for any accidents occurring as a result of “acts of god.” This is basically explained as, an unforeseen event of nature that cannot be prevented. An airline is not always able to anticipate turbulence, and if the airline and attendants were vigilant in their duties of protecting everyone, the airline will not be held liable.
There are of course exceptions to the “act of god” defense should a passenger be injured in turbulence. In the event that the flight crew were indeed able to foresee turbulence, but failed to take precautions to protect passengers from injury, or failed to warn passengers to fasten their seat belts, the airline could very well be liable for any passenger injuries. The airline might also be liable for passenger injuries if the pilot should have been able to predict the turbulence, but failed to do so due to lack of vigilance.
Another area of passenger injury involves the Federal Aviation Agency (FAA). The FAA is responsible for controlling all air traffic, therefore, if an FAA employee’s negligence caused a passenger to be injured, there maybe cause for a law suit against the FAA. One example of this could be if a collision on the runway was caused by an air controller’s inattentiveness. Special procedures and rules would apply to such a lawsuit however, due to the FAA being a federal agency.
It is imperative to call a law firm, or attorney who specializes in aviation law following any aviation accident.