If a negligent party caused a helicopter crash, you may be able to file a lawsuit to seek total compensation. However, you will need to be able to prove the nature of the accident and that negligence caused the accident to succeed with a case.
To find out whether you can sue for a helicopter crash, call Ankin Law today at 312-600-0000 for a free consultation with a helicopter crash attorney.
Causes of Helicopter Crashes
Helicopter crashes frequently occur in the U.S., with the country seeing an average of 66 fatal crashes every year. They can result from different causes, such as:
Pilot Error
One of the main causes of helicopter crashes is pilot error. While pilots undergo rigorous training to properly operate helicopters, they can make mistakes that can cause accidents in the air. For instance, they may fail to account for other objects in the air, such as other aircraft or nearby structures, or they may lose control of the aircraft.
Poor Maintenance
Like other vehicles, helicopters must undergo regular maintenance to ensure they’re fit for flying. Companies need to ensure their vehicles see routine maintenance, and mechanics must identify and address any issues with the helicopter’s mechanics. Insufficient maintenance could cause mechanical failure that leads to a crash.
Manufacturing or Design Defects
Helicopter crashes may also result from certain defects in design or manufacturing. For example, a design flaw could render a helicopter unsafe to fly even when manufactured properly, while a manufacturing defect could result in improper assembly to present a safety hazard. In these instances, even when a pilot practices safe flying procedures, these defects could cause a malfunction and a subsequent crash.
Inclement Weather
Pilots and companies must fly a helicopter in safe weather conditions. Failure to take proper precautions when flying in potentially harsh weather conditions could result in an accident. However, weather conditions could also change unexpectedly.
Are There Federal Aviation Administration Regulations for Helicopter Operations?
Yes, the Federal Aviation Administration (FAA) has certain regulations in place to facilitate safe helicopter operations.
These regulations include:
Speed Limits
One regulation the FAA has for helicopters pertains to speed limits at specific heights. If a helicopter is flying 500 feet above ground level or lower, helicopters should not fly any faster than 120 knots.
Takeoff and Landing
When flying a private helicopter, taking off or landing at a public airport is illegal. Also, helicopters must take off from and land in designated landing areas or heliports where it’s safe to do so.
Licensing Requirements
Pilots flying commercial helicopters must obtain a commercial license from the FAA. Meanwhile, private helicopter pilots will need to acquire a permit from the FAA. Additionally, private helicopter pilots will need a license, along with an airworthiness certificate, a medical certificate, and an insurance policy that covers helicopters.
Limitations Regarding Flight
According to FAA regulations, pilots cannot legally fly in congested locations or over people. Pilots also have the responsibility of safely flying in the presence of people, vehicles, and animals on the ground, and they must take steps to properly maintain their aircraft, including routine maintenance.
Despite these regulations, the FAA doesn’t always require helicopters to have a black box to record flight information, such as vehicle speeds or altitudes. As such, it may not always be clear what caused an accident if a helicopter doesn’t have this device at the time of the accident.
What Are the Grounds for a Helicopter Crash Lawsuit?
If any party negligently causes a helicopter crash, it may be possible to file a personal injury or a wrongful death lawsuit to recover compensation for any injuries or deaths resulting from the accident.
However, you must be able to prove several key items to succeed with a helicopter crash lawsuit, including:
- That the helicopter pilot, company, or another party owed a duty of care to the victims
- That this party breached that duty of care
- That the breach of duty led to an accident and subsequent injuries or deaths
- That these injuries or deaths resulted in quantifiable damages for which plaintiffs can recover compensation
With the help of a helicopter crash lawyer in Chicago, you may be able to prove each of these items to recover total compensation following a helicopter crash. Proving negligence and damages will require sufficient evidence, which an attorney could help gather as he or she organizes your case.
If multiple parties are responsible for the accident, you may also be able to file two separate claims for the same accident. For instance, an accident could have resulted from negligent pilot error along with mechanical failure due to a manufacturing defect, in which case you might be able to sue both the pilot and the manufacturer.
Compensation in Helicopter Crash Lawsuits
If you or a loved one suffers injury or death because of a helicopter crash, you may be able to seek compensation from liable parties. The main types of damages involved in these accidents include:
Economic Damages
The first type of damage that can result from helicopter crashes is economic in nature, meaning that it involves the direct financial losses associated with injuries and property damage.
Specific types of economic damages in these cases may include medical bills, loss of income, loss of earning capacity due to disability, damage to personal belongings, and other economic losses.
Non-Economic Damages
In addition to economic damages, you might be able to recover non-economic damages that apply to the personal losses suffered. For instance, you could recover compensation for pain and suffering, disfigurement, loss of consortium (relationship), and psychological anguish resulting from the accident.
If you want to sue an airline for emotional distress or other non-economic damages, you will need to prove these through effective documentation that discusses your personal experience. It’s harder to prove these damages than it is for economic damages because of the lack of direct evidence, but you can still use journaling and other methods to factor them into a settlement with the help of a lawyer.
Wrongful Death Damages
If a loved one dies in a helicopter crash, his or her family could file a wrongful death lawsuit against negligent parties responsible for the death.
Wrongful death damages could include the aforementioned economic and non-economic damages along with the costs associated with the person’s death, such as funeral and burial expenses.
What to Do After a Helicopter Crash
Following a helicopter crash, there are some key steps to take to begin building a case. These entail:
Seeking Medical Attention
If you suffered any injuries after an accident, even if your symptoms are minor, you should seek immediate medical care from licensed professionals. Doing so will help put you on the path to recovery, while also generating medical records and bills that you can use as evidence to show how the crash caused your injuries.
It’s important to adhere to your doctor’s treatment plan and regularly attend appointments. If you need to make any changes to your plan, notify your doctor first and see if he or she has any recommendations for alternative treatment.
Collect Evidence to Support Your Case
You’ll also want to gather as much evidence as you can to prove the extent of your injuries and negligence on the part of pilots or other parties involved in the accident.
Some of the many pieces of evidence include:
- Medical records
- Photos and video evidence of your injuries and the accident scene
- Police reports
- Witness statements
If you are unable to recover any of this evidence, you may be able to get some help from a helicopter crash attorney, which brings us to the next step.
Consult With an Attorney
Before filing an insurance claim or lawsuit of any kind, it’s critical to speak with an experienced attorney. The right lawyer will know how to navigate the claims or legal process and determine if you have a viable case in an initial consultation.
During a free consultation, an attorney can review the evidence you’ve collected and assess your case. If he or she decides to represent you, you may be able to begin seeking compensation from negligent parties.
An attorney will handle all the legal tasks required for your case, including negotiating with insurers and preparing a lawsuit against liable pilots, airlines, or other parties. Additionally, your attorney would be able to gather and collect all relevant evidence to support your case, ensuring you have a strong case to increase your chances of success.
A lawyer with trial experience could also take your case to court if it doesn’t settle during initial negotiations. If you need a reliable helicopter crash attorney in Chicago, Ankin Law is here to help. Contact us today to schedule a free consultation and learn about your options.