The pilot is often the first person people think of when determining who caused a private plane crash. But serious aviation crashes rarely come down to one person’s actions.
Aircraft owners, charter operators, maintenance companies, manufacturers, and even the federal government may share responsibility. Identifying every potentially liable party can be critical to understanding why a crash occurred and what legal options may be available to injured passengers and families.
Aircraft Owners May Be Responsible Even When They Were Not Flying
An aircraft owner can have legal responsibilities separate from those of the pilot.
Owners are responsible for ensuring an aircraft is properly maintained and airworthy. They may also be responsible for allowing an unqualified or inexperienced pilot to operate the aircraft.
Liability can become more complicated when a company owns or operates the plane. A charter operator’s decisions about pilot training, crew scheduling, maintenance, weather conditions, and safety procedures may all become important during an investigation.
As a result, determining who caused a private plane crash often requires looking beyond what happened in the cockpit and examining the decisions that were made before the aircraft ever left the ground.
Maintenance Companies Can Be Liable for Aircraft Failures
Aircraft maintenance is another important area to investigate after a private plane crash.
Mechanics, repair stations, and third-party maintenance contractors must follow strict requirements when inspecting, repairing, and altering aircraft. A skipped inspection, an improperly installed component, an overlooked mechanical problem, or an incorrect repair can have catastrophic consequences.
Maintenance records and aircraft logbooks can provide critical evidence. Investigators may compare those documents with the physical wreckage to determine whether required work was performed correctly and whether a mechanical problem contributed to the crash.
Because these records can be essential to an aviation case, preserving them as soon as possible is important.
Aircraft and Component Manufacturers May Share Liability
Some private plane crashes involve defective aircraft designs or components. Depending on the circumstances, an aircraft manufacturer or parts manufacturer may be liable when a defective product contributes to a crash.
These cases can be complicated by the General Aviation Revitalization Act, commonly known as GARA. The law generally creates an 18-year statute of repose for certain claims involving general aviation aircraft.
However, determining whether GARA applies is not always straightforward. Exceptions may apply, and replacement or modified components can create separate questions about when the 18-year period began.
That makes the aircraft’s manufacturing, delivery, maintenance, modification, and parts history important when investigating a potential product liability claim.
Air Traffic Control Errors Can Lead to Claims Against the Government
Not every aviation crash is caused by someone connected directly to the aircraft.
Air traffic controller errors can also contribute to crashes. Examples may include incorrect instructions, inadequate weather information, or failure to warn pilots about conflicting aircraft.
Because air traffic controllers generally work for the Federal Aviation Administration, claims involving their negligence may fall under the Federal Tort Claims Act.
These cases have special procedural requirements and deadlines. Families may need to pursue an administrative claim before filing a lawsuit, making it especially important to determine early whether air traffic control played a role.
Multiple Parties May Share Responsibility for a Private Plane Crash
A private plane crash can result from a chain of failures rather than one isolated mistake.
A pilot might make a poor decision in worsening weather, while a maintenance contractor failed to correct a mechanical problem. A charter company might have inadequate training procedures. A defective aircraft component could also contribute.
Depending on the applicable law, responsibility may be divided among multiple parties.
Finding those parties requires a detailed investigation of evidence, including aircraft wreckage, maintenance records, flight information, air traffic control communications, weather data, witness statements, and corporate records.
Investigating Who Is Responsible After a Private Plane Crash
The cause identified immediately after a crash may not tell the entire story. Even an NTSB investigation may uncover only part of the chain of events that led to the tragedy.
Robb & Robb has spent decades handling complex aviation cases and investigating the decisions, failures, and safety issues that led to catastrophic crashes. If your family has been affected by a private plane crash, speaking with an experienced aviation attorney can help you understand who may be responsible and what options may be available.
