Share your airplane anxiety with anyone and you will inevitably get the “but flying is the safest way to travel!” response. While flying remains among the safest ways to travel, the recent Malaysia airlines crashes have only raised fears in already weary airplane travellers. Even closer to home, a Mount Pleasant based private plane recently crashed, killing the two occupants—a not-so-subtle reminder that the dangers of flying still exist.
Twenty-year-old flight student Matthew Gaither was piloting a Cessna 150 when it went down immediatelyafter take off. Both he and his flight instructor, Graham Borland, died upon impact. Gaither, a Navy Seal hopeful, had just begun pilot training a week prior to the accident, and was likely the one operating the plane at the time of the crash. The National Transportation Safety Board began its investigation last week, but no cause of the accident has been reported to media outlets. As of today, no charges have been filed by either Gaither or Borland regarding the crash.
Aviation Accidents
Due to the speed, velocity, and height when airborne, aviation accidents are among the most devastating of all catastrophic events. Filed usually as catastrophic injury or wrongful death claims, aviation lawsuits are complex, time-consuming, and require significant expertise both in the area of aviation and in complex litigation. In the event of a death, it is usually the decedent’s estate that brings the legal claim. The estate can seek damages for the wrongful death action and ultimately recover for things such as pain and suffering, funeral expenses, medical expenses, loss of earning capacity, or emotional distress.
If awarded, these fees are paid out by the responsible parties. In an aviation lawsuit, the possible causes of an accident are numerous and may be attributed to any number of separate parties. In addition to the people responsible for flying the plane, other actors include:
- Air traffic controllers at the airport and other airport staff;
- The airplane company or manufacturer;
- Parts manufacturers or mechanics;
- Charter companies; and
- Private plane owners.
The ultimate determination of what happened in an aviation accident can take years, and blame can be difficult to place. Therefore, settlements are common in this area of the law.
South Carolina Aviation
The August 14, 2014 plane crash was not the first in South Carolina this year. Three people died in March, two in May, and there was a non-fatal crash in April, all in small, private planes. Worldwide, 2014 has not been a good year for those travelling by airplane. In the first two months of 2014 alone, nearly 400 people died in plane crashes, compared to less than 500 in all of year 2013 combined. While this may seem like an astronomical number to those of us that already fear flying, according to a 2013 New York Times article, flying is still the way to go. With your chances of dying in a plane crash around 1 in 11 million in comparison to the odds of dying in a car crash around 1 in 5,000, flying (especially on commercial airlines) really does remain the safest way to travel.
Next Steps
Deciding to bring a legal claim after an aviation accident can be complicated, time-consuming, and overwhelming. If you or anyone you know has been injured in an aviation accident or any other catastrophic accident, you need experienced attorneys that can help guide you through the process. Contact the knowledgeable catastrophic injury attorneys at the McGrath Law Firm that will wholly dedicate themselves to your case. Serving Columbia, South Carolina and neighboring communities, we are here to give you and your families the representation you deserve.