Aviation

Because of the devastation and loss of life involved, much time and effort is spent investigating an aviation accident. The responsibility for an accident usually falls on the owner and operator of the aircraft, the manufacturer, or the Federal Aviation Administration, FAA. For instance, in the case of the owner of the aircraft, they would be responsible for the training and supervision of the pilots. The owner is also responsible the maintenance of the aircraft. However, if the defect that caused the crash is due to faulty engineering or design, the manufacturer will be held liable. Additionally, the manufacturer is liable if they fail to take action to rectify defects once those defects are discovered. Manufacturers are also accountable for properly testing their products before they are put to commercial use.

Human error can also be responsible for aircraft accidents. For instance, pilot error in takeoff or landing. Human error by air traffic control can cause an aircraft crash. Mechanic error can also occur during maintenance and repair. Experts are essential to the accurate investigation of an accident. Weather may also be a factor in an aircraft accident.

The FAA is the agency responsible for adopting rules and regulating civil aviation. The FAA also investigates and is in charge of legal enforcement of its rules. For instance, the FAA has rules regarding the transportation or shipment by air of hazardous materials. This Act is the Hazardous Materials Transportation Act. Additionally, another Act is the Airport and Airway Improvement Act. When a violation of an Act occurs, The Secretary of Transportation may conduct investigations, hold hearings, issue subpoenas, take evidence and conduct depositions.

Black boxes are also helpful in determining the cause of an aircraft crash. The flight data recorder or FDR is used for analyzing air safety issues, material degradation and engine performance. Obviously, these boxes are constructed to withstand a great deal of fire and high speed impact. Another type of black box recorder is called the cockpit voice recorder or (CVR). This device records conversation in the cockpit, radio communications, such as between the pilot and air traffic control, and sounds made in the cockpit.

Finally, there are also factors of whether the flight was domestic or international. If domestic, liability is governed by state and federal regulations. However, if international your liability may be limited by international pacts such as the Warsaw Pact and Montreal protocol. If you are involved in an aviation or aircraft accident, the Law Offices of Gerald R Stahl will help you get maximum recovery for your case.