Chicago Aviation Accident Lawyer

Accidents that occur on an airplane or a helicopter can result in serious injuries, or even worse, death. If you’ve been injured or lost a loved one as a result of an aviation accident, it’s important to take legal action in a timely manner to help determine liability. Power Rogers is here to answer your questions and effectively advocate for your interests.

The complex nature of aviation accident litigation means that these cases require the oversight of an experienced attorney. With a long history of successful results, our team at Power Rogers can represent your interests effectively. We have an exceptional level of experience in cases involving aviation accidents.

Why Choose Power Rogers for Aviation Accident Cases?

Our Chicago airplane accident lawyers at Power Rogers have handled product liability cases against Boeing Aircraft, Airbus / EADs, Beech, Cessna, and others. In addition to smaller airplane and helicopter accident cases—including the Illinois Supreme Court case Russell v. Augusta Aerospace, et al.—we have been involved in the majority of big commercial airplane disaster cases over the years, including:

• American Airlines Flight 191 – Chicago 1979
• United Airlines Flight 232 – Sioux City, Iowa 1989
• USAir Flight 427 – Pittsburgh, PA 1994
• Lion Air JT 538, November 30, 2004 (Boeing)
• Garuda Flight 200, May 7, 2007 (Boeing)
• Turkish Airlines Flight 1951, Amsterdam, Netherlands 2009 (Boeing)
• Pamir Air – Kabul, Afghanistan 2010 (Boeing)
• Asiana Air – San Francisco, 2013 (Boeing)
• Spirit Airlines in-flight Wrongful Death, 2013
• American Airlines Flight 383, 2016
• Aerovias de Mexico, S.A. d/b/a Aeromexico – Durango, Mexico July 2018
• Ethiopian Airlines, Boeing 737 Max 8 – Addis Ababa, Ethiopia, March 2019

Our aviation accident attorneys are well-versed in aviation regulations, state, federal, and international laws, and working with agencies that collect and process aviation accident evidence. We can help you understand the aviation litigation process while protecting your rights and interests. Whether your case goes to trial or not, we are prepared to maximize your verdict or settlement.

Who Is Responsible For Airplane Accidents?

In an accident investigation, determining what caused the accident and who was at fault are the two primary objectives. Fault for an aviation accident can lie with multiple parties.

Airlines: Airlines could be liable for an accident caused by pilot error, mechanical issues, or negligence, including poor staff training and adherence to safety protocol.

Aircraft Manufacturers: Manufacturers may be held liable if the accident was the result of the construction of the aircraft. They can also be liable for providing inadequate or incorrect information regarding aircraft operation, maintenance requirements, and emergency procedures. For example, Boeing pleaded guilty to federal felony charges related to two deadly crashes of 737 Max jets after they withheld their knowledge of a design flaw from the FAA.

Maintenance and Ground Crews: According to the FAA, up to 80% of aircraft maintenance errors involve a human factor. When these errors are not detected, they can cause accidents, resulting in liability for maintenance companies.

Who Investigates Aviation Accidents In The U.S.?

The National Transportation Safety Board was established in 1967 to investigate all aviation accidents in the United States. The NTSB is an independent agency that has no regulatory or enforcement power but is primarily responsible for investigating civil aviation accidents throughout the country. If the incident takes place outside the U.S., the investigation is primarily handled by the country the plane was in at the time. Aviation accident investigations can take months, although sometimes they can be resolved in a matter of weeks.

How Long Do You Have To File a Lawsuit In Illinois?

In Illinois, victims of personal injury have two years from the date of the injury to file a claim, while families who have lost loved ones also have two years from the date of death to file a claim (735 ILCS 5/13-202). If you were injured on a plane, or in an aviation crash, contact the Chicago aviation accident attorneys at Power Rogers quickly, because time is of the essence in these claims.

Common Causes of Aviation Accidents

Aviation accidents can result from a variety of factors, including pilot error, mechanical failures, air traffic control errors, and severe weather. While accidents aren’t always catastrophic, in-flight injuries can occur due to excessive turbulence, seat malfunctions, oxygen mask malfunctions, and failure to respond to emergency medical situations, such as heart attacks.

Pilot Error and Negligence

• Southwest Airlines Flight 1455 (2000): Lack of communication between the pilot and co-pilot contributed to the crash of Southwest Airlines Flight 1455 on March 5, 2000, in Burbank, California. Despite cockpit warning signals alerting the captain that the angle of descent and the flight speed were outside the glide path, the captain dismissed the warnings, and the plane overshot the runway, crashing.
• Korean Air Flight 801 (1997): In another case, in 1997, Korean Air Flight 801 to Guam crashed into a hill after missing a runway approach near Guam, killing 228 passengers. The pilot’s fatigue and inability to properly execute the plane’s landing caused the crash. The first officer and the flight engineer’s failure to cross-check the execution of the plane’s approach was a contributing factor.
• Air France Flight 447 (2009): During a flight from Rio de Janeiro to Paris, pilot error and failure to respond correctly to a stall warning led to the plane crashing into the Atlantic Ocean, killing all 228 on board. Miscommunication in the cockpit and lack of coordinated action led to confusion, with both pilots unknowingly pulling back on the controls, worsening the stall.
• American Airlines Flight 587 (2001): Shortly after takeoff from JFK Airport, New York, aggressive rudder inputs by the co-pilot in response to turbulence caused the vertical stabilizer to break off, leading to the crash in Queens, New York, killing all 260 people on board and five on the ground. Overreaction and improper use of the rudder controls contributed to the disaster.
• Colgan Air Flight 3407 (2009): Flight 3407 crashed near Buffalo, New York, killing all 49 people on board and one person on the ground. The pilot failed to respond correctly to a stall warning, pulling back on the yoke instead of pushing forward, which led to a loss of control. Fatigue, lack of experience, and poor training were contributing factors.
• Eastern Air Lines Flight 401 (1972): Distracted by a faulty landing gear indicator light, the entire crew failed to notice that the autopilot had disengaged, causing the aircraft to descend undetected into the Florida Everglades, killing 112 people. The crash emphasized the dangers of lack of situational awareness and crew mismanagement in the cockpit.
• Asiana Airlines Flight 214 (2013): During the approach to San Francisco International Airport, pilot error led Flight 214 to a crash landing, causing three fatalities. Misunderstanding the automated flight systems and inadvertently deactivating the plane’s key control for airspeed caused the aircraft to strike the seawall just short of the runway.

Mechanical Failures and Aircraft Defects

Mechanical failures and aircraft defects are all too common. Boeing 737 Max continues to experience negative backlash. Most recently, according to NPR, a quality control inspector found an “excessive amount of defects” at a plant in Kansas. This latest report happened after the FAA grounded all Max 9 jets with door plugs after an incident with Alaska Airlines 737 Max 9, where the door plug and fuselage blew out the side of the plane.

Air Traffic Control Errors

Air traffic control plays a significant role in keeping planes safe, both on the ground at the airport and in the air. Challenges with this can occur due to:

• Communication Breakdowns: Incorrect phrasing or confusing terminology can contribute adversely to air traffic control incidents, especially in international airspace, where language barriers often exist.
• Human Error: Air traffic controllers are responsible for handling multiple flights simultaneously. This can lead to fatigue and confusion, which can be catastrophic.
• Technology Failures: Air traffic control systems require advanced radar and communication tools. When these go down, air traffic controllers are unable to track aircraft on the radar and must rely on manual communication with pilots.
• Runway Mishaps: When traffic is misdirected onto runways and taxiways, planes can unintentionally come into contact with each other, leading to a ground aircraft accident.

Weather-Related Aviation Accidents

Several weather-related events can lead to aircraft accidents. These include:

• Turbulence: Accidents and deaths related to turbulence are relatively rare, but they do happen. Between 2009 and 2021, the FAA reported that 146 passengers and crew were seriously injured due to turbulence, with convective weather being a contributing factor.
• Icing Conditions: There are an average of four aircraft accidents and five fatalities each year due to in-flight icing conditions.
• Storms: Precipitation is a factor in up to 6% of commercial and 10% of general aviation accidents.
• Fog: For an unskilled pilot, fog can be deadly. Annually, an average of 440 people are killed due to weather-related aviation accidents, including fog.
• Other Weather Events: Windsheer, ash clouds, and extreme temperatures can all impact aircraft in flight.

Aviation Accident Statistics

According to the Aircraft Owners and Pilots Association, most aviation accidents involve non-commercial aircraft. There were 965 accidents involving non-commercial fixed-wing aircraft in 2022, resulting in 244 fatalities. In the same year, there were 62 commercial fixed-wing accidents, resulting in 18 fatalities. For helicopters, there were 82 non-commercial accidents, which led to 25 fatalities. Meanwhile, there were 43 commercial helicopter accidents and 10 fatalities.

What Percentage Of Aviation Accidents Are Caused By Human Error?

A National Aeronautics and Space Administration study found that up to 70 percent of aviation accidents are caused by human factors. Aviation accidents caused by human factors include pilot error, mechanical issues, and safety check inadequacy. Design errors that have been covered up have the potential to cause additional accidents. The latest Boeing accusations include gaps at the major joins of the 787 fuselage sections and misaligned parts in the 777.

How Can an Aviation Accident Lawyer Help Me?

Aviation accidents range from large plane crashes to those involving helicopters, charter planes, corporate jets, sightseeing tour aircraft, small planes, and even military aircraft. Accidents can include collisions, falling luggage that causes head trauma, tripping in the aisle on a plane, and other incidents.

When these types of accidents happen, they can involve complicated laws and regulations governing the aviation industry and may require an extensive investigation. The knowledge and experience of an aviation accident lawyer is essential to understanding the legalities of the situation, determining liability, and ultimately giving you the best chance of recovering compensation.

Questions? Contact an Experienced Aviation Accident Lawyer For Help

At Power Rogers, our Illinois aviation accident lawyers work hard every step of the process. We know how these situations are investigated, and we know how to prove liability. We take the time to formulate a strategy based on the facts and details of your case. Our team has helped recover more than $5 billion over the course of our 30-plus years in practice. We have a reputation for offering strong, reliable legal advocacy and we aim to help you through negotiations or trial. Call now to learn more about your rights and legal options.

Contact Power Rogers today to discuss your airplane or helicopter accident.