Federal Aviation Administration | Alan Goldfarb, P.A. https://www.goldfarbpa.com Wed, 04 Nov 2015 15:18:21 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 Commercial Airline Accidents https://www.goldfarbpa.com/commercial-airline-accidents/ Wed, 04 Nov 2015 15:18:21 +0000 http://www.goldfarbpa.com/?p=1009 Read More »]]> Commercial airlines provide one of the safest and fastest ways to travel. In fact, the latest global airline safety report reported that there were a total of 90 commercial airlines accidents in 2013; and only nine of the 90 accidents were fatal. Additionally, a complex set of federal and state laws regulate airlines to ensure air travel is safe. Despite these regulations, however, commercial airline accidents occur. These accidents and crashes affect multiple people and cause devastating injuries and fatalities.

Commercial Airlines Have the Highest Duty of Care

Airplanes are typically considered common carriers. Florida defines a common carrier as a business that represents to the public that its business is the transportation of people or cargo from one place to another for money. The law places a very high standard of care on common carriers. Under Florida law, commercial airliners have a duty of reasonable care because they are common carriers. The standard of care is increased for commercial airliners because they have a responsibility to ensure that the public can fly safely. Consequently, commercial airlines have the highest duty and the law obligates commercial airlines to be vigilant about the safety of passengers.

Accidents and Airline Crashes Still Occur

Even when commercial airlines are vigilant and take steps to ensure passenger safety, accidents occur. While it is not possible discover the cause of a commercial airline accident, typical causes include:

  • Defective landing gear;
  • Errors fueling the aircraft;
  • Failure to comply with FAA regulations;
  • Air traffic control error;
  • Pilot error;
  • Overloading the plane,;
  • Poorly trained staff;
  • Defective navigation instruments;
  • Poor security screening; and
  • Other design defects.

When a commercial airline fails to meet the expected standard of care and passengers are injured, the airline should be expected to compensate victims for their losses. Commercial airlines are required to carry insurance for crashes and accidents on board the aircraft. However, the insurance may not provide the coverage needed to fully recover from an accident. Victims of commercial airline accident may require lifelong physical and psychological therapy. In the case of death, the victim’s family deserves compensation for pain suffering and loss of income.

Victims of Commercial Airline Accidents Deserve Compensation

Commercial airline accidents are rare, but when they do occur they often cause devastating injuries to passengers. Commercial airline accident claims are complex and they require an understanding of state and federal law. Furthermore, it can be hard to determine the cause of an injury. Navigating a personal injury or wrongful death claim involving a commercial airline accident requires the skill of an aviation accident attorney.

Victims of Commercial Airline Accidents Deserve Compensation

If you were injured in a commercial airline accident, you may have the right to compensation for your losses. Alan Goldfarb, P.A. has successful experience in personal injury law and can help you recover compensation. The experienced Miami aviation attorneys at our firm can provide you and your loved ones with advice and counsel on your legal options after a commercial airline accident. Contact us to schedule a free consultation with our office by calling (305)-371-3111.

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Aviation Accidents in Florida https://www.goldfarbpa.com/aviation-accidents-in-florida/ Wed, 04 Mar 2015 18:05:04 +0000 http://www.goldfarbpa.com/?p=645 Read More »]]> 2014 was not the best year for the airline industry, it seems. Despite the seemingly large number commercial airline failures last year, 2014 earned the title of safest year for flying. Air fatalities raised a bit overall, but more than half of the deaths were attributed to two commercial airline crashes. Regardless of the statistics, people will always be afraid of flying, rational or not. The sheer speed, weight, force, and height of a plane makes any injuries catastrophic, most often resulting in death. Smaller planes are even more susceptible to crashes. According to the National Transportation Safety Board study in 2011, 94% of aviation accidents that resulted in death were in private planes or smaller, amateur flown planes. No commercial airlines had fatal accidents in that year.

Private Plane Dangers

Even though plane manufacture, design, and mechanical error can play a part in small plane accidents, many such accidents can be attributed to human error. An amateur pilot may be using a plane he is unfamiliar piloting or be ill-equipped to deal with an emergency situation. The Federal Aviation Administration sets the minimum requirements for those seeking a pilot’s license, but despite the rigorous training pilots undergo, accidents still happen. Not everyone attends an FAA-approved pilot school or takes optional advanced certification classes. While these things may not be required, they certainly increase the possibility of smooth landings and take-offs, particularly when traveling in small, private planes.

Just recently a small plane in southern Florida hit a power line after take-off, resulting in the deaths of the pilot and all three passengers. Flying is a popular hobby in always-sunny Florida and thousands of people enjoy private flights every year and remain safe. It is important to note that not all plane accidents are fatal. A collision on the runway before/after takeoff, pilot negligence, flight service problems, or air traffic control negligence can all contribute to accidents, whether it be a private or commercial flight. A pilot, an airline, and all of the ground crew members have a legal duty to act reasonably and competently in performing their duties. If for any reason they fail to do so, and you suffer injury or death as a result, they may be held liable.

Miami, Florida Aviation Accident Attorneys

Utilizing mass transit makes you susceptible to the possibility of catastrophic accidents. Although you made a decision to participate in a certain mode of transportation, that does not mean that you lose your legal rights. Death or serious injury can result from aviation accidents, which may result in people facing steep medical bills, rehabilitation, permanent disability, wage loss, or loss of enjoyment or life. When a passenger is injured on a commercial or private airplane due to someone else’s negligence, the injured individual may be able to recover these expenses by filing a lawsuit against the proper people. The experienced Miami aviation attorneys at Alan Goldfarb P.A. will explore every possible avenue for recovery to ensure you receive the maximum compensation you are entitled to by law. Contact our Miami, Florida-based office to learn more about your rights today.

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