Key Takeaways: What Every Aviation Accident Victim Should Know
- Aviation accidents involve complex federal regulations and multiple potential defendants, including airlines, aircraft manufacturers, maintenance companies, and air traffic control.
- The Federal Aviation Administration (FAA) and National Transportation Safety Board (NTSB) investigate all aviation accidents, and their findings can be crucial evidence in your case. The NTSB has investigated over 140,000 aviation incidents and has primary authority to investigate every civil aviation accident in the United States.
- Strict time limits apply under federal aviation law and international treaties: some claims must be filed within two years, while others have even shorter deadlines.
- Surviving family members may recover compensation for wrongful death, including loss of companionship, financial support, and mental anguish under Texas Civil Practice and Remedies Code Chapter 71, which defines wrongful death liability for injuries caused by “wrongful act, neglect, carelessness, unskillfulness, or default”.
- Aviation accident cases often involve multiple jurisdictions and may be heard in federal court, requiring experienced legal representation familiar with complex aviation law.
Contact our Houston aviation accident attorneys today at (713) 932-0777 for your free consultation. We handle all aviation accident cases on a contingency fee basis. You pay nothing unless we win.
Why Choose Simmons & Fletcher After an Aviation Accident in Houston?
When airplane crashes or aviation accidents devastate your life, you need experienced Houston aviation accident lawyers who understand both federal aviation law and Texas personal injury statutes. Our aviation attorneys have been serving Houston families since 1979, fighting for justice when airline negligence, pilot error, or mechanical failures cause catastrophic injuries.
What sets our aviation law firm apart:
- Comprehensive investigation: We work with aviation experts to analyze flight data, maintenance records, and Federal Aviation Administration compliance.
- Board certification: Paul H. Cannon is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
- No upfront costs: We advance all case expenses and legal fees. You pay nothing unless we recover compensation for you.
From our Houston office, we handle aviation accident cases throughout Texas, including incidents at Bush Intercontinental Airport (IAH), William P. Hobby Airport (HOU), and private airfields across Harris County and surrounding areas.
Get immediate legal help after an aviation disaster. Call our Houston airplane accident lawyers at (713) 932-0777 for your free case evaluation.
4.9 out of 5 stars based on 486 reviews on Google, see what our clients say about us
Irma G.
Simmons and Fletcher was a very nice and friendly law firm from the moment I went in for my initial consult. A big thank you to all of them for hearing me out and agreeing…
Amber R.
Simmons and fletcher law firm. Went above and beyond for me. I was in a bad wreck that requires neck surgery. They constantly called and checked on me to see how I was doing. They…
Sue M.
I guess we are all a bit hesitant to have to hire a lawyer, at least I know I was, but Simmons and Fletcher PC was highly recommended by a trusted friend so I decided…
Miriam F.
I cannot express enough what this firm has done for me and my family! From the very beginning my legal assistant, Jeannette, was there to guide me every step of the way. She kept me…
Rebecca D.
This office helped us out tremendously. Everyone we dealt with was professional and courteous. They were quick to respond to any questions regarding the process. I would definitely recommend these attorneys.
Oscar M.
I had a great experience at Simmons and Fletcher. They fought continuously in my case and always hand my best interest in me. Ruth was kind and attentive to my needs. She was always available…
Theresia R.
This firm did an excellent job in representing our family. Not only are they very knowledgeable but are also very polite and always communicated through the whole process. A special thank you to Amanda for…
Rebecca S.
I cannot recommend this firm enough. Chris Fletcher represented me and my experience was great from start to finish. Chris was honest, accessible, and easy to talk to. His paralegal, Stephanie Quinn, was also incredibly…
Sandra W.
I had a great experience with Simmons and Fletcher. Sharon Simmons Cantrell did an exceptional job on my case. She was attentive and sweet and fought hard for me. I would recommend her and the…
Christashaia J.
I would recommend Simmons and Fletcher to anyone! From start to finish my case was handled properly! Amanda Johnston handle my case so well, as well as communicated with me throughout the entire ordeal, and…
Veda J.
“After the accident I was really shaken to my core. Being a senior citizen, I wasn’t sure just what to do. I saw your tv ad and I decided to call. So glad I did…
Types of Aviation Accidents
Aviation accidents in Houston and throughout Texas involve various types of aircraft and circumstances. Our aviation accident attorneys handle all forms of airplane crashes and helicopter accidents.
Commercial Airline Crashes
Commercial airline accidents (governed by 14 CFR Part 121) are heavily regulated by the Federal Aviation Administration (FAA) and investigated by the National Transportation Safety Board (NTSB). Safety in this sector is exceptionally high. According to the National Safety Council, in 2023, major U.S. scheduled airlines experienced zero onboard fatalities and a fatal accident rate of 0.0 per 100,000 flight hours. This performance far exceeds the FAA’s safety target for FY2024, which was to remain below 4.7 fatalities per 100 million persons on board. These cases often involve:
- Passenger jet incidents at major airports like Bush Intercontinental or Hobby Airport.
- Regional commuter aircraft accidents.
- Air traffic control errors leading to runway incursions or excursions.
- Severe turbulence causing passenger injuries.
- Emergency landings due to mechanical failures or tail strikes.
Despite the strong safety record, the catastrophic nature of any single plane crash means that they frequently result in wrongful death claims.
Private Plane & Helicopter Accidents
Accidents Private aircraft accidents, falling under General Aviation (GA), make up the vast majority of all aviation accidents and fatalities in the U.S. According to official FAA data for Fiscal Year 2023, the general aviation fatal accident rate was 0.71 per 100,000 flight hours, resulting in 335 fatalities. While this was below the FAA’s target of 0.94 fatal accidents per 100,000 flight hours, it is significantly riskier than commercial travel. Common scenarios include:
- Small private plane crashes due to pilot error or weather conditions.
- Helicopter accidents in the oil and gas industry.
- Charter flight accidents involving corporate travel.
- Medical helicopter crashes during emergency transport.
- Recreational aircraft accidents at private airstrips.
Private plane and helicopter accidents often involve less stringent maintenance requirements and pilot training standards compared to commercial aviation.
Common Causes of Aviation Accidents
Understanding what caused your aviation accident is crucial for establishing liability and pursuing compensation. Our airplane crash attorneys investigate all potential causes.
Pilot Error & Instrument Failure
Human error remains the leading cause of aviation accidents, with some studies indicating it contributes to as many as 80% of all incidents. In general aviation, the FAA’s official data on fatal accidents identifies “Loss of Control In Flight”—a critical category of pilot error—as the number one leading cause. These errors include:
- Navigation mistakes: Misreading instruments or flight management systems.
- Poor weather decisions: Flying into dangerous conditions beyond pilot capabilities.
- Inadequate training: Insufficient experience with specific aircraft or emergency procedures.
- Fatigue: Violations of rest requirements leading to impaired judgment.
- Instrument failures: Defective avionics or navigation equipment causing pilot confusion.
Maintenance Lapses & Manufacturing Defects
Aircraft manufacturers and maintenance contractors must meet strict Federal Aviation Administration standards. While pilot error is the most common cause, component failures and improper maintenance are also significant factors. The FAA’s list of leading causes of fatal general aviation accidents ranks “Power System Component Failure” as the second most common cause. Studies analyzing NTSB data have found that maintenance-related errors are a primary cause or factor in approximately 4-7% of all general aviation accidents. Failures include:
- Design defects: Flawed aircraft components that fail during flight.
- Manufacturing errors: Improperly assembled parts or quality control failures.
- Maintenance negligence: Skipped inspections, improper repairs, or incorrect parts installation.
- Parts failures: Engine malfunctions, landing gear problems, or control system defects.
- Fuel system issues: Contaminated fuel or fuel system malfunctions.
When design defects or maintenance lapses cause airplane crashes, our aviation attorneys pursue claims against all responsible parties.
Who May Be Liable?
Aviation accident cases often involve multiple defendants due to the complex nature of the aviation industry. Our Houston airplane crash lawyers investigate all potential sources of liability.
Airline Operators & Pilots
A range of airline operators, pilots, and flight departments play critical roles in flight operations, and may be held responsible if their actions or failures contribute to an accident:
- Commercial airlines: Duty to maintain aircraft, train pilots, and follow Federal Aviation Administration regulations;
- Charter companies: Responsible for pilot qualifications and aircraft maintenance.
- Individual pilots: Professional pilots must meet certification and training requirements.
- Corporate flight departments: Companies operating private aircraft for business travel.
- Air traffic controllers: Federal employees responsible for safe aircraft separation and guidance.
Manufacturers & Maintenance Contractors
Manufacturers and maintenance contractors are accountable for providing safe products and services, and may be liable for defects or errors that result in harm:
- Aircraft manufacturers: Boeing, Airbus, and other companies are liable for design defects.
- Engine manufacturers: Companies producing aircraft engines and propulsion systems.
- Parts suppliers: Manufacturers of avionics, landing gear, and other critical components.
- Maintenance companies: Third-party contractors responsible for aircraft inspections and repairs.
- Fixed Base Operations (FBOs): Companies providing fuel, maintenance, and ground services.
Let us identify all liable parties in your aviation accident. Contact our Houston aviation law firm for a thorough case evaluation.
Steps to Take Following an Aviation Disaster
After surviving an aviation accident or losing a loved one in an airplane crash, certain steps can protect your legal rights and help preserve crucial evidence.
Cooperating with Investigators & Authorities
Working with official investigators and authorities can help clarify the cause of the accident and strengthen your legal position:
- National Transportation Safety Board investigation: The NTSB has primary authority to investigate every civil aviation accident in the United States and publishes findings that can support your claim through their statistical reviews. Since its establishment, the NTSB has investigated more than 140,000 aviation incidents.
- Federal Aviation Administration oversight: The FAA may take enforcement action against pilots, airlines, or maintenance companies.
- Preserve evidence: Avoid disturbing wreckage or removing personal items without authorization.
- Document everything: Keep records of all medical treatment, communications, and expenses.
- Witness statements: Gather contact information from anyone who witnessed the accident.
Securing Medical and Psychological Support
Ensuring proper medical and emotional care after an aviation accident can help with recovery and provide important documentation for your case:
- Immediate medical care: Get a comprehensive medical evaluation even if injuries seem minor;
- Follow-up treatment: Continue all recommended medical care and document your recovery.
- Mental health support: Aviation accidents often cause severe psychological trauma requiring professional counseling.
- Document limitations: Keep records of how injuries affect your daily activities and work capacity.
- Legal consultation: Contact an experienced Houston aviation accident lawyer immediately to protect your rights.
Don’t wait to protect your rights. Call our aviation accident attorneys at (713) 932-0777 for immediate help.
Damages Available in Aviation Accident Claims
Aviation accident victims and surviving family members may recover substantial compensation depending on the circumstances of the crash and resulting injuries.
Economic Losses & Wrongful Death
Victims and their families can seek compensation for financial and personal losses caused by an aviation accident. Under Texas Civil Practice and Remedies Code Chapter 71, wrongful death liability allows surviving family members to recover damages for both economic losses and emotional suffering resulting from another party’s negligence.
Medical expenses and future care:
- Emergency medical treatment and hospitalization.
- Surgeries, rehabilitation, and ongoing medical care.
- Medical equipment and home modifications.
- Long-term care for catastrophic injuries.
Lost income and earning capacity:
- Wages lost due to injuries or death.
- Reduced earning capacity from permanent disabilities.
- Benefits and retirement contributions.
- Business losses for self-employed individuals.
Wrongful death damages for surviving family members:
- Loss of financial support and inheritance.
- Funeral and burial expenses.
- Loss of household services.
- Mental anguish and loss of companionship.
Non‑Economic & Punitive Damages
Texas law allows compensation for the emotional and psychological impacts of an aviation accident, as well as punitive damages in cases of egregious conduct.
Pain and suffering compensation:
- Physical pain from injuries sustained in the aviation accident.
- Emotional distress and mental anguish.
- Loss of enjoyment of life.
- Disfigurement and permanent disabilities.
Punitive damages may apply when:
- Airlines or manufacturers showed gross negligence.
- Safety regulations were willfully violated.
- Companies prioritized profits over passenger safety.
- Maintenance was deliberately deferred despite known risks.
How Much Is My Aviation Accident Case Worth?
Aviation accident settlements and verdicts vary significantly based on multiple factors. Our Houston airplane crash attorneys evaluate each case individually to determine potential compensation.
Factors affecting case value:
- Severity of injuries:Catastrophic injuries like traumatic brain injuries, spinal cord damage, or severe burns typically result in higher compensation.
- Age and earning capacity: Younger victims with higher incomes may recover more for lost future earnings.
- Number of dependents: Surviving family members’ financial dependency affects wrongful death awards.
- Degree of negligence: Clear violations of aviation safety regulations strengthen your case.
- Available insurance coverage: Commercial airlines typically carry substantial liability insurance.
Our aviation accident lawyers work with economic experts to calculate the full value of your losses, including future medical care, lost earning capacity, and pain and suffering.
Time Limits and Jurisdictional Issues
Aviation accident cases involve complex legal deadlines and jurisdictional issues that require immediate attention from experienced aviation lawyers.
Federal Laws & International Treaties
Several federal laws and international treaties govern aviation accident claims, each with unique requirements and deadlines that may affect your case:
Montreal Convention: International flights are governed by this treaty, which may limit damages and impose strict filing deadlines as short as two years.
Federal Aviation Regulations: The Federal Aviation Administration sets safety standards, and violations can establish negligence in civil lawsuits.
Federal court jurisdiction: Many aviation accident cases must be filed in federal court due to interstate commerce or federal regulatory issues.
Statutes of Limitations in Texas
The statute of limitations dictates how long you have to file legal claims in Texas, and missing these deadlines can result in the loss of your right to compensation:
Personal injury claims: Generally, two years from the date of the aviation accident.
Wrongful death claims: Two years from the date of death for surviving family members under Texas law.
Product liability claims: Two years for defective aircraft or component claims against manufacturers.
International flights: May have shorter deadlines under international treaties.
Act quickly to preserve your rights. Contact our Houston aviation attorneys immediately to ensure all deadlines are met.
Related Resources
- Houston Maritime Accident Lawyer: Explore legal options for offshore injuries and maritime accidents governed by federal regulations similar to aviation law.
- Houston Truck Accident Lawyer: Discover how federal transportation regulations affect commercial vehicle accidents, similar to aviation industry oversight.
- Houston Medical Malpractice Lawyer: Find legal guidance when medical errors occur during emergency treatment following aviation accidents.
- Houston Industrial Accident Lawyer: Learn about workplace safety violations and federal oversight in industrial settings similar to aviation maintenance facilities.
- Houston Premises Liability Lawyer: Understand property owner responsibilities at airports and aviation facilities where accidents may occur.
- Personal Injury Damages: Explore the types of compensation available in aviation accident cases including medical expenses and pain and suffering.
- What You Need to Know About Small Plane Crashes: Read essential information about private aircraft accident risks and legal considerations.
- Slip and Fall Accidents: Learn about accident liability at airports and aviation facilities.
Aviation Accident FAQs
Can I Sue an Airline Based Overseas?
Yes, you may be able to pursue claims against foreign airlines, but international treaties like the Montreal Convention may limit damages and impose strict procedural requirements. Our aviation accident attorneys have experience handling international aviation claims and can explain your rights under applicable treaties and foreign laws.
What If the Flight Was International?
International flights are governed by the Montreal Convention, which establishes uniform rules for passenger compensation. These cases may have different damage limits and shorter filing deadlines than domestic aviation accidents. Our Houston aviation lawyers understand these complex international aviation laws and can help you navigate the claims process.
Are Aviation Accident Cases Handled in Federal Court?
Many aviation accident cases are filed in federal court under federal aviation regulations, under diversity jurisdiction, or under interstate commerce. Federal courts have specific rules and procedures that differ from those of Texas state courts. Our experienced aviation accident attorneys regularly practice in federal court and understand these complex procedural requirements.
