While the fear of flying is perfectly reasonable, it is overwhelmingly the safest way to travel. Still, accidents occur, and you deserve to be compensated when you are injured in one.
With its spectacular skyline and Lake Michigan stretching into the distance, Chicago is a great place to see from above. However, it also makes accidents here more common, as some pilots and aviation companies do not adhere to the standards they should. Many of the cases we handle seek compensation for the countless errors pilots can commit before, during, and after the flight. Our team will also investigate air traffic controllers giving instructions during the flight to determine if their poor instructions or other negligence contributed to the crash. We can do this by gathering and reviewing internal communications, flight lists, weather forecasts, and more on your behalf.
For a free case review with our aviation and plane accident attorneys, call the Rhatigan Law Offices at (312) 578-8502.
Common Reasons Plane and Aviation Accidents Occur in Chicago
Chicago is one of the most architecturally interesting cities in the county, so many companies fly sightseers around for a once-in-a-lifetime glimpse. It is also home to O’Hare International Airport, one of the busiest airports in the world, with thousands traveling through each day. As such, Chicago plane and aviation accidents can happen in numerous ways. Our aviation and plane accident lawyers can help prove how your accident was caused and who should be sued for it. Many result from pilot error, but air traffic controllers and others could have contributed.
Pilot Error
The National Transportation Safety Board (NTSB) reports that, over almost a ten-year period, pilot error has contributed to many of the aviation accidents that have occurred. The majority of accidents tend to happen because of loss of in-flight control of the aircraft, while many others occur during landing and takeoff. For example, the NTSB cites “abnormal runway contact” as the major defining event in many accidents.
This could be because the pilot was negligent during that phase or was flying a plane they were not properly rated for. This is especially common in cases involving sightseeing flights on small tour planes and helicopters, where the background checks on pilots might not be as stringent as a major airline’s would be.
Many other accidents are fuel-related. Pilots must complete numerous steps on their pre-flight checklists, including ensuring the tank is refilled, fuel gauges are reading correctly, and the fuel system does not have mechanical issues. We can gather evidence during litigation to determine which checks were completed and what the fuel levels were from the aircraft’s “black box” data.
Pilot fatigue is another common reason for aviation accidents in Chicago. The Federal Aviation Administration (FAA) sets strict flying time limits on pilots. According to 14 C.F.R. § 91.10599(b), a single pilot cannot fly more than eight hours in a 24-hour period, and flight crews of two or more pilots are limited to 10 hours of flight time every 24 hours. These restrictions also include mandatory rest times prior to flight. For example, if a charter plane company’s pilot violated the FAA regulations, both the company and its pilot should be sued.
Air Traffic Control Errors
Sometimes, an air traffic controller’s negligence causes an accident, not the pilot’s. As mentioned, many aviation accidents occur during landing and takeoff. Since air traffic controllers are responsible for communicating with pilots and organizing runway conditions, they could cause an accident when they give improper instructions. Or, they might completely ignore a pilot’s call for directions. They could also have caused a collision on the runway by negligently taxing the planes to their proper place in line.
However, suing an air traffic controller is not like filing a lawsuit against a private pilot or aviation company since they are employees of the FAA, which is a federal agency. Under 28 U.S.C. § 2679(b)(1), federal employees cannot be held directly liable for their actions. Instead, the remedy in these situations is to file a lawsuit against the FAA.
First, though, the Attorney General must certify that the employee acted within the scope of their employment at the time of the accident. If they determine that their negligence was outside the scope of their employment, § 2679(d)(3) permits us to have the certification reviewed by the federal district court. Upon certification, your lawsuit can move forward.
Poor Weather
Pilots and aviation companies are responsible for checking for inclement weather before flights and responding accordingly. Some private charter planes and sightseeing tours might not want to cancel a flight and lose out on profits. This can lead to deadly accidents, considering the rapidly changing and harsh weather Lake Michigan can bring. We can review weather reports and forecasts from the day of the crash to determine if pilots, crews, and employers failed to check and respond to dangerous weather.
Our team will also review in-flight communication between pilots and the control tower. If pilots did respond adequately or never sought out advice, it can be used as evidence of their negligence.
Airport Accidents
Some aviation accidents happen before the plane takes off or while the victim is still in the airport trying to reach their gate. For instance, perhaps the crew forgot to clean up after the previous flight, causing you to trip and injure yourself while boarding. Or, you slipped and fell because an airport employee did not put out a “wet floor” sign after mopping. Either way, we can determine whether the employee and airline company can be sued.
Other times, fellow travelers are responsible for the injuries that happen in an airport. O’Hare Airport is overcrowded at almost every time of the day. With people rushing by to make their flights, one might injure you on the way. We can help identify them and hold them responsible.
Call Our Chicago Aviation and Plane Accident Attorneys for Help with Your Claim Today
Call the Rhatigan Law Offices at (312) 578-8502 for a free case assessment with our aviation and plane accident lawyers.
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