Aviation Accident Attorney Information
For Hilton Head Island, Bluffton, & Beaufort South Carolina (SC) AreaAviation accident law includes major air carriers as well as non-commercial aircraft (general aviator) accidents.  This includes small planes, large business jets, pleasure crafts, helicopters, charter flights and hang gliders.  Most commonly, the causes of both major carrier and non-commercial aircraft are as follows:

• Pilot error
• Faulty equipment
• Federal Aviation Administration regulations violations
• Structural or design problems
• Negligence of Flight Service Station employees
• Negligence of Federal Air Traffic Controllers
• Negligence in a third party's selection of a carrier

While the conditions vary with each aviation accident, claims for personal injury or death resulting from an aviation accident are common and are dictated by the theories of negligence, product liability, or some combination of the two. Moreover, air travel is regulated by two federal agencies, therefore, the federal rules and regulations may influence a personal injury claim or the standards of care owed to the victim of an aviation accident.

Negligence.:  Negligence is the failure to do (or not do) something that a reasonable person would have done under the same circumstances, in order to safeguard others from foreseeable risks of harm. When an aviation accident occurs, pilots, airline maintenance providers, and major airlines are subjected to negligence claims.

Product Liability:  "Product liability" references the legal responsibility placed on manufacturers and merchants of defective products. It must be proven that a defective product contributed to an aviation accident for product liability to provide recovery.

Liability - Owner or Operator :  Aircraft owners and operators are normally held to higher standards when it comes to the legal doctrine, "duty of care" owed to others.  Carelessness or recklessness must be proven for the owner to be held liable for the damages suffered by injured parties.  This includes passengers, people on the ground, and even the pilot.

Common Carriers:  Commercial airlines are legally classified as a "common carrier," due to the fact that they willingly carry all passengers who buy a ticket. Common air carriers are held to different standards than are private carriers and the FAA is the federal agency responsible for regulating air carriers.  The FAA imposes uniform standards and operating procedures, and monitors a carrier's internal standards.

Liability – Manufacturer:  The manufacturer of an aircraft can be held liable if the victim of an accident can prove that a defect in the product or a part of the product, under a legal theory known as "strict liability".

Liability of Owner/Operator and Manufacturer - Comparative Fault:  In many cases, both the pilot and the manufacturer may be held liable for an aviation accident called "comparative fault."   This means that the judge or jury must determine the percentage of liability attributable to each of the defendants.

Liability of the Federal Government: Primarily, the responsibility of the federal government is to control all air traffic in which the FAA is largely responsible. If an aviation accident involves a collision or other avoidable navigation error, an essential question is whether or not the FAA and air traffic controllers properly did their jobs.

Damages
The typical categories of recoverable damages in a personal injury claim arising from an aviation accident include:

• Past and future medical expenses;
• Lost wages and, lost earning capacity
• Past and future pain and suffering;
• Emotional distress;
• Loss of consortium/association (usually available to married couples only); and
• Punitive damages.

An experienced aviation attorney from Kiker Law Firm can assist you with deciding the best jurisdiction and present your damages properly to ensure that you are fairly compensated for your injuries.