Millions of Americans fly each year in aircraft ranging from commercial jets to small, privately owned propeller planes. While flying is widely accepted to be one of the safest modes of transportation, aviation accidents continue to occur, often with devastating consequences for victims and their families. Because of the inherent dangers associated with traveling by airplanes or helicopters, the entire industry is highly regulated by federal law.
When airlines or pilots fail to observe these regulations or are otherwise negligent and injury results, victims may be able to recover by bringing a legal claim against the party or parties responsible. Due to the complicated legal and technical issues that can often arise in aviation accident cases, it is extremely important for those affected to consult with an experienced Florida aviation accident attorney as soon as possible after an incident occurs.
Companies or people that offer to transport people or goods in return for financial benefit are considered “common carriers” by the American legal system. They are distinguished from “private carriers” in that they hold their services out to the general public and not for a select group of clients or customers. As such, airlines and other companies that offer aviation services to the public are common carriers and are subject to the special legal rules to which other common carriers are subjected.
Specifically, common carriers are required to adhere to specific federal regulations regarding the way in which they operate. In addition, they are also subject to a higher standard of care than a private party would be. While a private party has a duty to act “reasonably,” an airline must exercise the highest standard of care. According to the Florida jury instructions regarding common carrier liability, “negligence of a common carrier is doing something that a very careful person would not do under like circumstances or failing to do something that a very careful person would do under like circumstances.”
Victims of aviation accidents involving common carriers may be able to recover if they can show noncompliance with the applicable regulations or a departure from the common carrier standard of care. The best way for you to ensure that you get the compensation you deserve after an airline accident is to discuss your case with an experienced aviation accident lawyer immediately.
For many people, the first thing to come to mind when they hear the term “aviation accident” is a plane crash. While this is certainly the most serious type of aviation accident that can occur, there are many other kinds of accidents that could potentially result in injuries to passengers. Some of the more common include:
In some cases, the injuries sustained in an in-flight accident can be serious and require intensive medical care. It is essential, therefore, for victims to ensure their legal rights are protected by retaining an experienced aviation accident attorney as soon as possible after an accident. You can call us at (386) 777-7777 or fill out our online contact form below for a free case evaluation. Get the compensation you deserve.