Airplane Crashes

Answers to the most frequently asked questions about airplane crash cases.

1. Who may bring a lawsuit based on an injury or death due to an airplane crash?

Answer: Anyone who is injured in a plane crash or the heirs of the deceased may bring a lawsuit. Under Colorado law, the surviving spouse is the first person entitled to bring a wrongful death action. In the event there is no surviving spouse, then the children would be entitled to maintain the action. If there is no surviving spouse or child, the claims of the remaining heirs are governed by the Colorado Intestate law.

2. What duties do airlines have with respect to their passengers?

Answer: An airline has the highest duty of care recognized in the State of Colorado to their passengers. Commercial airlines are recognized as “Common Carriers” and share this highest duty of care with other “Common Carriers”, such as trains, buses, and taxis.

3. What companies are liable for airplane crashes?

Answer: Typically, the airline company itself is liable for injuries or deaths resulting from a commercial airplane crash. However, when small planes crash, the owner of the plane, the manufacturer of the plane, the pilot, the maintenance company or anyone or any company that was negligent could be liable for damages.

4. What type of investigation is done when a plane crashes?

The National Transportation Safety Board (NTSB) will conduct their own investigation. However, it is important for an attorney to conduct a thorough investigation of any crash including statements from eye witnesses, ambulance personnel, sheriff or police officers who arrive on the scene, photos of the plane and crash site, and any medical personnel. Attorneys are also able to obtain the radio transmissions, weather briefings, and radar information regarding the route the plane traveled before crashing.

5. When do I need to file a lawsuit in a plane crash case?

Answer: The statute in Colorado is two years from the date of a negligent act.

6. Should I hire an attorney to bring a case when a plane crashes?

Answer: It is strongly recommended that an experienced attorney be retained as soon as possible. Attorneys are frequently able to obtain substantial settlements for their clients, well in excess of what an airline may offer an individual without an attorney.

7. What are the chances my case will settle?

Answer: In excess of 90% of civil cases settle and in excess of 95% of federal civil actions reach an amicable settlement.