Generally speaking, commercial air travel is considered one of the safest modes of transportation. There are millions of flights domestically and internationally every year, and very few result in death.

In 2022, for example, there were 27.9 million flights across the globe. According to the Bureau of Aircraft Accidents Archives, of those flights, there were only 95 incidents that resulted in 357 deaths. That means out of the billions of people that fly every year, a very small percentage of them experience accidents. 

That said, it is still possible for an airplane accident to occur, and when it does, victims do have the right to sue under certain circumstances. 

If you or a loved one were injured in an airplane accident, our team at Poynter & Bucheri can assist you. We handle a wide range of Indiana personal injury cases and can represent you when and if you decide to pursue a lawsuit against an airline. 

What Causes Plane Crashes?

Various factors could contribute to the cause of a plane crash, such as:

• Bad weather
• Violent turbulence
• Mechanical errors
• Air traffic controller negligence
• Pilot negligence
• Improper aircraft maintenance
• Crew member mistakes

However, plane crashes are very rare. It is more likely that a person would sustain an injury due to some other kind of airline incident. People can get hurt when boarding a plane or while on the plane for many reasons, such as:

• Luggage falling out of overhead bins 
• People tripping or stumbling in the aisles
• Food and drink carts ramming into people or running over their feet
• Food or drink provided causing people to get sick

Can You Sue an Airline If It Crashes?

Before we get into the specifics of suing an airline, it’s worth noting that the U.S. federal government provides several resources and assistance to help survivors of airplane crashes and the families of victims who have been injured or killed in an airplane accident. 

This assistance is required under the Aviation Disaster Family Assistance Act of 1996. The law also requires the National Transportation Safety Board to coordinate services to help, including mental health services. 

That said, the Federal Aviation Act also requires domestic airlines to uphold a duty of care to avoid passengers being injured or harmed. If an airline breaches its duty of care by doing something negligent, then victims can file a lawsuit against them. 

If the airplane accident occurred on an international flight and not on U.S. soil, filing a lawsuit can be more complex. The Montreal Convention does state that U.S. citizens injured on an international flight may file a lawsuit in their state of residence if the accident occurred in one of 137 countries that signed the Convention. 

If an accident occurs in a country that is not a signatory of the Convention, victims might not be able to sue in the U.S. courts. However, they may be able to sue or take legal action in the country where the crash occurred, but it depends on the local jurisdictions and laws in that country. 

How Do I Sue an Airline After an Airplane Accident?

Whether an airplane accident occurs domestically or internationally, filing a lawsuit is a complex matter. Airlines will have their teams of lawyers to protect them, and you may have to jump through a lot of hoops, so to speak, to win your case. As such, you will need to work with an experienced airplane accident lawyer. 

As mentioned above, if your injury or the death of a loved one was due to an airline’s negligence, then you may be able to file a lawsuit against them. But proving negligence is not easy. To sue an airline and win, you must work with a lawyer to show the following four elements:

1. The airline owed you a duty of care.
2. The airline breached this duty in some way, such as by not following safety protocols or procedures.
3. The airline’s negligence was the direct cause of your injury (or your loved one’s death).
4. You suffered damages as a result of the injury, such as medical expenses, emotional distress, or pain and suffering. 

Poynter & Bucheri Accident Recovery — Indianapolis Personal Injury Lawyer

Poynter & Bucheri has been helping victims like you win their cases and recover the compensation they deserve for years. Our experienced team of lawyers knows how to handle complex legal matters, including cases involving airplane accidents. 

Don’t hesitate — one of our experienced personal injury lawyers can assist you right away. Call 1-800-265-9881 for a free case review.