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Ann Arbor Aviation Accident Lawyer

If you've been injured in an aviation accident in Ann Arbor, you need legal help. Contact our experienced aviation injury lawyers at Christopher Trainor & Associates today for a free consultation.

Plane crashes may be something you think only happens in the movies or on the rare occasions they pop up in the news. But unfortunately, they can happen much more often than you believe. According to the International Air Transport Association (IATA), passenger flights were involved in 77% of all aviation accidents that occurred in 2023. Plane crashes can have devastating consequences for those involved, and even minor aviation accidents can cause injuries.
If you've been involved in an airplane accident, Christopher Trainor & Associates is here to help. Our Ann Arbor aviation accident lawyers are well-versed in the personal injury laws that have been put in place to protect you, and we will work tirelessly to ensure you receive the best possible compensation.

Common Causes of Aviation Accidents

There are many reasons that may contribute to an aviation accident. Understanding the common causes of such incidents is essential for enhancing safety measures. Here are the primary factors contributing to these accidents:

  • Pilot Error: Pilot error is one of the leading causes of aviation accidents. Inexperience, fatigue, and miscommunication can significantly impact a pilot's performance. Inadequate training or long hours without sufficient rest can lead to poor judgment and handling of the aircraft. Additionally, errors in communication with air traffic control or crew members can result in misunderstandings and dangerous situations.
  • Mechanical Failure: Mechanical failures pose significant risks to flight safety. Engine problems, such as malfunctions or total failures, can lead to loss of power and control. Poor or neglected maintenance practices can cause equipment malfunctions, while design flaws in the aircraft can result in critical failures during flight.
  • Weather Conditions: Adverse weather conditions are a common cause of aviation accidents. Severe turbulence can destabilize the aircraft, and thunderstorms, lightning, and high winds present substantial hazards. Ice accumulation on wings and other surfaces can affect the aircraft's aerodynamics and lead to crashes.
  • Bird Strikes: Bird strikes are a frequent hazard in aviation. Collisions with birds can cause significant damage, particularly to engines and windshields, potentially leading to accidents.
  • Human Factors: Human factors extend beyond pilot error to include mistakes by air traffic controllers and ground crew. Errors in air traffic control can result in collisions or near-misses, while mistakes during refueling, loading, or other ground operations can compromise safety.
  • Fuel Issues: Fuel-related problems can be catastrophic. Fuel starvation, often due to miscalculation or leaks, can lead to emergency landings or result in crashes. Additionally, contaminated fuel can lead to engine failures.
  • Runway Incursions and Excursions: Runway incidents are another common cause of aviation accidents. Incursions, involving the unauthorized presence of aircraft, vehicles, or people on the runway, can lead to collisions. Excursions, where aircraft veer off the runway during takeoff or landing, also pose significant risks.
  • Controlled Flight into Terrain (CFIT): Controlled Flight into Terrain (CFIT) occurs when an aircraft is flown into terrain due to navigation errors, often in poor visibility or miscommunication scenarios. This can result in severe accidents, as the pilots are usually unaware of the impending collision until it's too late.
  • Loss of Control In-Flight (LOC-I): Loss of Control In-Flight (LOC-I) is a critical factor in many aviation accidents. This occurs when pilots lose control of the aircraft for various reasons, including mechanical issues or disorientation, leading to potentially fatal crashes.

Other Causes

  • Turbulence: Turbulence is a leading cause of in-flight injuries. Passengers and crew can be thrown around the cabin if they are not seated with their seatbelts fastened. Turbulence-related injuries often include bruises, fractures, and head injuries.
  • Hard Landings: Hard or abrupt landings can cause significant injuries to passengers and crew. The impact can result in spinal injuries, broken bones, and head trauma, especially if passengers are not properly restrained.
  • Slip and Fall Accidents: Slip and fall accidents in the cabin or while boarding and deplaning can cause various injuries, including sprains, fractures, and head injuries. Wet or uneven surfaces and loose carpeting are common hazards.
  • Baggage-Related Injuries: Falling luggage from overhead compartments can cause serious injuries to passengers, including head injuries, cuts, and bruises. Improperly stowed baggage or unexpected turbulence can contribute to these incidents.
  • Collision with Objects: Passengers and crew can be injured by colliding with objects within the aircraft cabin, including food carts, seats, and other patrons. Depending on the force of impact, these collisions can result in bruises, cuts, and more serious injuries.
  • Emergency Evacuations: During emergency evacuations, passengers can be injured by the rapid and chaotic nature of the process. Injuries can include burns from fires, fractures from jumping onto evacuation slides, and crush injuries from being trampled.
  • Cabin Pressure Changes: Rapid changes in cabin pressure can cause ear pain, sinus issues, and, in severe cases, more serious injuries such as eardrum rupture or barotrauma. These pressure changes can be due to aircraft malfunctions or emergency descents.
  • Fire and Smoke: Fires on board an aircraft, though rare, can result in severe injuries or fatalities. Smoke inhalation and burns are the primary concerns in such scenarios. Quick evacuation is critical, but the chaos can lead to additional injuries.
  • Jet Bridge and Ground Equipment Accidents: Accidents involving jet bridges, ground vehicles, or other airport equipment can injure passengers during boarding or deplaning. These incidents can result in fractures, cuts, and other trauma.
  • Security Incidents: Security-related incidents, such as terrorist attacks or unruly passengers, can lead to injuries. Physical altercations, emergency landings, or evacuations stemming from security threats can cause various injuries to passengers and crew.

If you've suffered any of these injuries during a flight or at the airport, the skilled Ann Arbor aviation accident lawyers at Christopher Trainor & Associates can help you pursue compensation.

Liability for Ann Arbor Airplane Accidents

Determining liability in airplane accidents is vital for filing a compensation claim. However, it can be a complex task since it involves multiple parties and factors. In Ann Arbor, as in other jurisdictions, the following entities might be held liable for airplane accidents:

  • Airline Companies are often primary defendants in airplane accident cases. They can be held liable for pilot error, crew error, maintenance issues, and/or operational decisions. So, if your airplane accident is due to poor maintenance or because of a wrong pilot’s decision in flight, the airline could be held accountable.
  • Manufacturers of the aircraft and its parts can be liable if an accident is due to design defects, manufacturing defects and failure to warn.
  • Maintenance Providers that perform services on the aircraft can be liable if they conduct faulty repairs or inadequate maintenance on the aircraft.
  • Air Traffic Control (ATC) can be held responsible for accidents due to miscommunication or incorrect information provision to pilots and/or failing to properly monitor air traffic
  • Airport Operators might be liable if the accident is related to poorly maintained runways or taxiways and/or ineffective management of ground personnel or vehicles.
  • Third Parties, such as vendors, service providers, or government entities, if they fail to enforce safety standards.
  • Pilots themselves can be directly liable if they take actions that go against training and protocols or compromise safety on board.

Establishing liability in airplane accidents involves a thorough investigation to determine who’s at fault for the accident, as well as the incident’s cause and contributing factors. Victims of airplane accidents or their families should consult with an experienced aviation accident lawyer to navigate the complexities of these cases and to seek fair compensation from the liable parties.

Ann Arbor Negligence Laws for Aviation Accidents

In many cases, liability might be shared among multiple parties. For instance, a crash might involve pilot error, a mechanical failure due to poor maintenance, and a design flaw. Each party’s degree of responsibility will be evaluated based on the evidence.

Michigan follows a modified comparative fault system in personal injury cases, which can significantly impact the outcome of airplane accident claims. Under this system, the fault of each party involved in the accident is assessed, and compensation is adjusted based on their degree of responsibility.

 

In a comparative fault system, the court determines the percentage of fault attributable to each party involved in the accident. This percentage directly affects the amount of compensation that each party is entitled to receive. Michigan’s modified comparative fault rule has specific thresholds:

  • Less Than 50% Fault: If a party is found to be less than 50% at fault, they can recover damages. However, their compensation will be reduced by their percentage of fault. For example, if a plaintiff is found to be 30% at fault and the total damages amount to $100,000, they will receive $70,000.
  • 50% or More Fault: If a party is found to be 50% or more at fault, they are barred from recovering any damages.

Michigan’s comparative fault laws are crucial in determining the outcome of airplane accident claims. The apportionment of fault among the various parties involved directly impacts the amount of compensation victims can recover. It is essential for plane accident victims to work with our experienced aviation accident attorneys, who can effectively gather evidence, present technical testimony, and navigate the complexities of comparative fault to ensure your rights are protected.

Understanding these laws helps all parties involved in an airplane accident to better prepare for the legal process and potential outcomes. Our Ann Arbor aviation accident lawyers are prepared and trained to do all of this for you so you can focus on your recovery.

Compensation for Ann Arbor Plane Accidents

Victims of plane accidents in Ann Arbor may be entitled to various forms of compensation to address the physical, emotional, and financial impacts of their injuries. The compensation typically falls into two main categories: economic and non-economic damages.

Economic Damages

Medical Expenses: Compensation covers all past, present, and future medical costs related to the accident. This includes emergency room visits, hospitalization, surgeries, doctor consultations, medications, physical therapy, and any necessary medical equipment.

Lost Wages: Victims can recover lost income when they are unable to work due to their injuries. This includes wages lost during the recovery period and potential future earnings if the injuries result in long-term disability or reduced earning capacity.

Rehabilitation Costs: Long-term rehabilitation expenses, such as physical therapy, occupational therapy, and other necessary treatments, are covered to help the victim regain as much function as possible.

Property Damage: If personal property was damaged in the accident, such as luggage or electronic devices, victims can claim compensation for the repair or replacement of these items.

Travel Expenses: If the accident necessitates travel for medical treatment or other accident-related reasons, victims can be reimbursed for these expenses.

Non-Economic Damages

Pain and Suffering: Compensation for physical pain and emotional distress resulting from the accident. This can include chronic pain, discomfort, and the mental anguish associated with the injuries and recovery process.

Emotional Distress: Victims may be compensated for psychological impacts, such as anxiety, depression, and post-traumatic stress disorder (PTSD), which can arise from the traumatic experience of the accident.

Loss of Consortium: If the injuries negatively impact the victim's relationship with their spouse or family, compensation may be awarded for loss of companionship, affection, and sexual relations.

Loss of Enjoyment of Life: When injuries prevent victims from engaging in activities they once enjoyed, they may be compensated for the diminished quality of life.

Permanent Disability and Disfigurement: In cases where the victim suffers permanent disability or disfigurement, compensation is provided to account for the lifelong impact on their daily living and self-esteem.

Pursuing Compensation

To successfully pursue compensation for injuries sustained in an Ann Arbor plane accident, victims often need to:

  1. Establish Liability: Prove that the accident was caused by the negligence or fault of another party, such as the airline, pilot, aircraft manufacturer, or maintenance provider.
  2. Document Damages: Collect and present comprehensive evidence of all economic and non-economic damages, including medical records, receipts, wage statements, and expert testimony.
  3. Negotiate with Insurers: Work with insurance companies to negotiate a fair settlement. This can be challenging, as insurers may attempt to minimize payouts.
  4. Litigate if Necessary: If a fair settlement cannot be reached, victims may need to file a lawsuit and proceed to trial to obtain the compensation they deserve.

Plane accident injuries can have devastating and long-lasting effects. Victims in Ann Arbor are entitled to seek comprehensive compensation to cover their economic and non-economic losses. Navigating the claims process can be complex and requires the expertise of a plane accident attorney from Christopher Trainor & Associates to ensure that all avenues of compensation are thoroughly explored and pursued. This legal support is crucial in helping victims rebuild their lives after such traumatic events.

Statute of Limitations

Time is a key factor to consider when filing a personal injury claim for your Ann Arbor aviation accident. You have a specific deadline to file your claim, and if you fail to do so, you may lose your right to demand compensation for good.

The statute of limitations for filing a claim related to a plane accident in Ann Arbor, Michigan, depends on the nature of the claim and the parties involved. Here are the key points to consider:

  • Personal Injury Claims: In Michigan, the statute of limitations for personal injury claims, including those resulting from plane accidents, is typically three years from the accident date.
  • Wrongful Death Claims: If a plane accident results in fatalities, the statute of limitations for wrongful death claims in Michigan is also three years. Time starts running from the date of the victim's death.
  • Federal Aviation Claims: When dealing with plane accidents involving commercial airlines or air traffic controllers, federal laws and regulations may come into play. The Federal Tort Claims Act (FTCA) allows individuals to sue the federal government for negligence. Under the FTCA, a claim must first be filed with the appropriate federal agency within two years of the accident. If the claim is denied or not resolved within six months, the claimant has six months to file a lawsuit in federal court.

The statute of limitations for plane accident claims in Ann Arbor, Michigan, generally ranges from two to three years, depending on the specific circumstances and types of claims. Understanding these deadlines is vital for preserving the right to seek compensation. Victims and their families can rely on the knowledge of the legal team at  Christopher Trainor & Associates as soon as possible to ensure all legal requirements concerning your personal injury claim are met and to maximize the chances of a successful outcome.

The statute of limitations for personal injury claims exists to ensure the fair and efficient administration of justice. It sets a specific time frame within which a claimant must file a lawsuit, thereby encouraging the timely presentation of evidence and witness testimonies while they are still fresh and reliable.

This legal boundary helps prevent the indefinite threat of legal action, providing potential defendants with a degree of certainty and finality. Additionally, it serves to protect the integrity of the legal process by reducing the potential for fraudulent or stale claims that could arise long after the alleged incident occurred, thereby maintaining the credibility and reliability of the judicial system.

Losing a Loved One to an Ann Arbor Aviation Accident

Sadly, some plane crashes are fatal. Deaths resulting from plane accidents do occur, and it’s better to know what to do in case you lose a loved one in one of these incidents.

If a beloved family member is killed in an aviation accident, bear in mind you can file a wrongful death claim to receive compensation for burial costs, medical bills, lost wages, pain and suffering and other damages that may also apply.

No one can deny that the loss of a loved one is irreparable. But that doesn’t mean you should bear the burden of such a tragedy alone. Our empathetic and dedicated wrongful death lawyers can handle your wrongful death claim while you and your family cope with the grief of your loss.

Cost of Hiring an Ann Arbor Plane Accident Lawyer

You will be glad to know that at Christopher Trainor & Associates, our clients don’t have to make any upfront payments for hiring our Ann Arbor aviation accident lawyers.

We only charge if we collect compensation for you. So you can put your mind at ease during your claim process, and concentrate on your emotional and physical recovery after your accident while we handle your case.

Your fee will be a percentage of any settlement or verdict you receive for your total compensation. You will discuss and agree to this percentage from the beginning of your journey with us, so there will be no surprises. If we are not able to win your case, you will owe us no legal fees. Personal injury cases are taken on a contingency fee basis to make sure that all people who deserve compensation are able to seek it no matter what their current economic status may be. It’s hard enough keeping up with medical bills and facing lost wages after being injured in a plane accident; the last thing you should have to worry about is how you’re going to pay a lawyer to help you, too.

Contact an Ann Arbor Plane Accident Lawyer Today

If you or a loved one has been injured in an aviation accident in Ann Arbor, you deserve experienced legal representation to help you navigate this challenging time. Aviation accidents involve complex investigations and multiple possible liable parties. At Christopher Trainor & Associates, our dedicated Ann Arbor aviation accident lawyers have the skills to handle these intricate cases, ensuring you receive the full and fair compensation you deserve for medical expenses, lost wages, and emotional suffering.

Contact us today for a free consultation, and let us help you rebuild your life after an aviation accident. Call us at 248-886-8650 or complete our online form to schedule your free consultation. Let us handle your legal battle for compensation while you focus on recovering from your injuries.

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