| Spotlight on Aviation |
December, 2008 |
Judge Rules Air Traffic Controller at Fault in Bob Collins Case
U.S. District Court Judge John W. Darrah ruled that the air traffic controller at Waukegan Regional Airport and the Federal Aviation Administration were at fault in misguiding the small planes of Bob Collins and that of a student pilot... Read More.
If you are in need of legal help concerning aviation errors or negligence, contact an Aviation Accident Attorney today!
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There are thousands of aviation accidents in the United States every year. Recent statistical reports by the National Safety Transportation Board show that there were 1,631 general aviation accidents during 2007. This figure includes both personal aircrafts and commercial airliners. These accidents resulted in 491 fatalities. The number of accidents increased from 2006 when there were 1,518 reported general aviation accidents. However, the number of fatalities caused by these accidents decreased since 2006 when there were 703 deaths associated with the aviation accidents.
Aviation Law Overview
The maintenance of aviation facilities and the operation of aircrafts are governed by aviation law. Statutes have been enacted at both the state and federal levels of government to help regulate air traffic.
Since it has the constitutional authority to regulate commerce both between states and from overseas, Congress can enact laws dealing with air navigation. Several federal laws have been enacted in this manner. The 1926 Air Commerce Act provides for the registration and the certification of aircraft operating in interstate or foreign commerce as well as other aviation related regulations.
Who is Legally Responsible for Damages in a General Aviation Accident?
Parties that are potentially liable for an accident vary depending upon the cause of the accident. Those who own or operate the aircraft are certainly often responsible. Other times, manufacturers or mechanics may be liable. Recently, a company that leased an aircraft to a pilot lacking in experience was found to be liable for the incident. An experienced aviation attorney is crucial in identifying and determining all possible claims.
What is a "Statute of Repose"?
Where aviation litigation is concerned, a "Statute of Repose" carries a limitation regarding the time a lawsuit can be filed with regard to the length of time an aircraft or part has been in service. Such a time period varies between the jurisdiction.
Civil Aeronautics Act
The Civil Aeronautics Act created a 5 member panel with the power to regulate all aspects of aviation within federal jurisdiction called the "Civil Aeronautics Authority" . Later, this panel was changed to the "Civil Aeronautics Board" and the majority of its power was transferred to the Department of Commerce.
Can The Government be Held Responsible for an Aviation Accident?
Yes. Under the Federal Tort Claims Act, the US government was sued for the negligence of an air traffic controller which led to an aviation disaster.
Contact an Aviation Attorney near you to find out more about your legal rights.
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