AVIATION ACCIDENT LAWYER IN BOSTON

While aviation is still statistically one of the safest ways to travel, there has been a noticeable uptick in crashes and serious incidents recently, especially in private, cargo, and smaller commercial flights. Here are some of the key reasons experts believe aviation crashes may be on the rise:

Aging Aircraft Fleets

Many private and regional aircraft remain in service for decades. Proper inspection and maintenance can help keep older aircraft operating safely, but aging components may require additional attention as wear develops over time. When maintenance is inadequate or necessary repairs are overlooked, mechanical failures, component problems, or system malfunctions may increase the risk of an accident.

Maintenance Shortages

There’s currently a nationwide shortage of aviation mechanics and certified maintenance technicians. In fact, FAA data show the number of certificated mechanics has grown an average of just 2.3% a year over the past five years. Current estimates show that commercial aviation alone will be 31,000 mechanics short of its needs by 2031.

With fewer skilled workers doing more with less, some aircraft may not be getting the attention and care they need, increasing the risk of mechanical failure.

Pilot Shortage and Fatigue

The aviation industry is facing a major pilot shortage, especially post-pandemic. Airlines and charter operators are flying with fewer staff, which means pilots may be working longer hours with less rest. Fatigue, inexperience, or rushing through protocols can lead to deadly mistakes.

More Extreme Weather Events

Changing weather patterns can bring severe and unpredictable conditions, including turbulence, sudden storms, and wind shear. These hazards can create additional risks for aircraft, particularly smaller planes that may be more vulnerable to challenging weather conditions.

Increase in Private and Recreational Flights

There’s been a boom in private aviation, drone usage, and recreational flying, especially after COVID. More inexperienced pilots in the skies, combined with less regulatory oversight in private aviation, can lead to more accidents.

Lapses in Air Traffic Control

In some regions, air traffic control systems may rely on aging infrastructure or face staffing and workload challenges. Communication errors, delayed warnings, or other air traffic control failures can contribute to dangerous situations, including near-misses and aviation accidents.

Complexity of New Technology

Modern aircraft are increasingly automated, which is generally safer—until it isn’t. Over-reliance on automated systems or poor training in handling system failures (like in the Boeing 737 MAX tragedies) can lead to pilot confusion and crashes.

Underreporting and Delayed Safety Fixes

In some cases, airlines or manufacturers may delay safety upgrades or fail to report known issues quickly enough. When safety takes a backseat to profits, passengers and pilots pay the price.

Aviation crashes may still be rare, but when they happen, they’re often tragic and preventable. That’s why strong legal oversight and accountability, like what Morgan & Morgan fights for, are so important. When manufacturers, operators, or airlines fail in their duty of care, we step in For The People in Boston to make sure it doesn’t happen again.

Aviation law covers the rules, regulations, and legal issues involving aircraft and air travel. In Boston, an aviation accident claim may involve several areas of law depending on how the incident occurred and who may be responsible. Aviation cases may involve issues such as:

• Airline liability for passenger injuries or deaths
• Aircraft accidents and investigations
• Pilot negligence or error
• Negligent aircraft maintenance
• Defective aircraft or components
• Airport and ground operations
• Federal aviation regulations and safety requirements

Because aviation is heavily regulated at the federal level, these cases can involve the Federal Aviation Administration (FAA) regulations, National Transportation Safety Board (NTSB) investigations, and other federal requirements. International flights may also be subject to treaties and additional laws.

As a result, aviation accident claims can overlap with personal injury, wrongful death, and product liability law while requiring an understanding of the specialized rules governing air travel.

There are a number of individuals and groups who may require the services of an aviation attorney. These include:

• Passengers injured in commercial or private plane crashes
• Families of victims involved in fatal aviation accidents
• Pilots facing litigation or license issues
• Crew members injured on the job
• Aircraft owners and operators dealing with liability issues
• Aviation professionals involved in regulatory or compliance disputes

No matter how minor or major the incident may seem, having the right legal representation can make all the difference in your case.

Aviation accidents can take many forms, and not all involve catastrophic crashes. Here are several common types of aviation-related incidents that could warrant legal action:

Commercial Airline Crashes

These are high-profile tragedies that typically involve multiple injuries or fatalities. In these cases, federal agencies like the FAA and NTSB will launch investigations, but victims and families often need private representation to pursue compensation.

Private and Charter Plane Crashes

Private aircraft accidents may receive less public attention than commercial airline crashes, but the consequences can be equally devastating. These accidents may result from factors such as pilot error, mechanical problems, inadequate maintenance, or other safety failures.

Helicopter Crashes

Helicopters are used for medical transport, tourism, and news coverage, and they are often involved in crashes due to challenging weather conditions, mechanical issues, or navigation errors.

Drone Accidents

With the rise of drone usage for commercial and recreational purposes, legal issues surrounding drone crashes and injuries are becoming more common.

Airport Accidents

Slips and falls, tarmac vehicle collisions, and ground crew injuries can occur within the airport environment and may fall under aviation law depending on the circumstances.

When determining who is liable for an aviation accident, it’s helpful to understand the common causes of these unfortunate events. Our Boston attorneys work with aviation experts and investigators to identify the root cause of an incident, which may include:

• Pilot error or inexperience
• Mechanical failure
• Defective aircraft parts
• Weather conditions
• Air traffic control miscommunication
• Negligent maintenance
• Improper fueling
• Violation of FAA regulations

Often, multiple parties may share liability in an aviation accident, including airlines, pilots, manufacturers, and maintenance companies.

Aviation law is not your average legal specialty. It requires a deep understanding of both legal precedent and aviation technology. Here’s what you can expect an aviation attorney to do:

Investigate the Incident

An aviation attorney works with engineers, aviation experts, and former pilots to gather evidence, analyze black box data, review maintenance logs, and interview witnesses.

Determine Liability

Aviation accidents may involve several potentially responsible parties. Your attorney can investigate the circumstances of the accident to determine who may be liable, such as an airline, aircraft or component manufacturer, maintenance provider, pilot, or another party.

Handle Insurance and Claims

Aviation accidents usually involve large insurance companies that will fight hard to minimize payouts. Our attorneys know how to negotiate aggressively to ensure victims get fair compensation.

Navigate Federal and International Laws

Because air travel crosses state and national boundaries, aviation attorneys must be familiar with international treaties like the Montreal Convention and federal statutes governing aviation liability.

Pursue Compensation

Depending on the case, victims may be eligible for compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Disability or disfigurement
• Wrongful death damages

Yes, you may be able to file a lawsuit if a loved one died in a plane crash, and in many cases, you absolutely should. If negligence, recklessness, or wrongdoing played any role in the crash, you may be entitled to file a wrongful death lawsuit against the parties responsible.

Plane crashes are often complex, and multiple parties may share responsibility. Depending on the circumstances, your lawsuit could be filed against:

• The airline or charter company: for pilot error, poor maintenance, or safety violations
• The aircraft manufacturer: if a defective part or design flaw contributed to the crash
• Maintenance providers: if negligent upkeep or missed inspections caused mechanical failure
• Air traffic controllers or government entities: if there were communication errors or oversight failures
• Private owners or operators: in the case of private plane crashes
• Third-party contractors: like those responsible for fueling, loading, or flight planning

Each crash is unique, and an aviation attorney can help identify who is liable based on flight data, black box evidence, maintenance logs, and more.

A wrongful death lawsuit may be brought when someone loses their life because of another party’s negligence or wrongful conduct. Depending on applicable law, certain surviving family members or a representative of the deceased person’s estate may be able to pursue the claim.

In aviation cases, wrongful death claims may arise from both domestic and international accidents. The legal process can vary depending on factors such as where the accident occurred, whether the aircraft was commercial or private, and whether domestic laws or international aviation agreements apply.

While no amount of money can ever replace a loved one, the law allows families to seek compensation for:

• Medical expenses (if the person survived briefly after the crash)
• Funeral and burial costs
• Loss of income and future earnings
• Loss of companionship, guidance, and support
• Emotional distress and suffering
• Punitive damages (in certain cases of gross negligence or misconduct)

Yes. Aviation accident claims are subject to filing deadlines, but the amount of time available can depend on the type of claim, where the accident occurred, and the laws that apply. International aviation cases may also be governed by treaties, such as the Montreal Convention, that impose their own requirements and deadlines.

Because missing an applicable deadline could affect your ability to pursue compensation, consider speaking with an aviation attorney as soon as possible. Acting promptly can also help preserve important evidence and allow the circumstances surrounding the accident to be investigated while information is still available.

Yes, in many cases, families of victims can still file lawsuits in U.S. courts, even if the crash occurred in another country. The key is where the flight originated, landed, or where the airline does business. You may have a case if:

• The airline is U.S.-based or has substantial U.S. operations
• The passenger was a U.S. citizen or resident
• The ticket was purchased in the U.S.
• The flight began or was intended to land in the U.S.

In these situations, you may be protected under both U.S. wrongful death laws and international treaties like the Montreal Convention.

Where an aviation accident case may be filed depends on several factors, including where the accident occurred, the parties involved, and whether the flight was domestic or international. In some international aviation cases, potential jurisdictions may include:

• The country where the airline is based
• The country where the airline operates its principal place of business
• The country where the passenger’s travel began or was scheduled to end
• The country where the passenger had their principal and permanent residence, when applicable
• Other jurisdictions permitted under applicable international agreements or laws

Determining the appropriate jurisdiction can be an important part of an aviation claim because where a case is filed may affect the laws, procedures, and damages that apply. Morgan & Morgan’s aviation attorneys can evaluate the circumstances of your case and determine where you may be able to pursue your claim.

Some countries or airlines may try to avoid liability or make the process intentionally difficult. But that doesn’t mean you’re out of options.

Morgan & Morgan in Boston works with a network of international aviation experts and legal teams to cut through red tape and hold foreign carriers accountable, especially when they operate or conduct business in the U.S.

We can help investigate:

• Crash reports and black box data
• Airline safety records
• International aviation compliance violations
• Maintenance and pilot logs
• Design and manufacturing defects (even if built overseas)

You generally do not need to hire an aviation expert yourself. Aviation accident cases often involve highly technical evidence, and Morgan & Morgan can work with qualified experts and specialists when needed to investigate and build your case.

Depending on the circumstances, aviation experts may help analyze flight data, maintenance records, aircraft components, pilot actions, weather conditions, or other evidence to determine what caused the accident and who may be responsible.

Morgan & Morgan has the resources to handle complex aviation claims involving commercial airlines, private aircraft, helicopters, and potentially defective aircraft components. Our attorneys can investigate the accident, work with appropriate experts, identify potentially liable parties, and pursue your claim on your behalf.

With attorneys licensed in every state, Morgan & Morgan can help aviation accident victims and their families across the country. And because we work on a contingency fee basis, you pay nothing upfront. The Fee is Free® unless we win.

If you were injured or lost a loved one in an aviation accident, our attorneys can help you understand your legal options and fight for the compensation you may be entitled to.

No. Consultations at Morgan & Morgan in Boston are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you get more than a single attorney. You have the resources of America’s Largest Injury Law Firm™ behind your case, with more than 1,100 attorneys and lawyers licensed in every state.

A dedicated legal team will work together to handle your aviation accident claim, which may include attorneys, paralegals, investigators, and other legal professionals. When necessary, your team may also consult aviation experts and specialists to examine the evidence, determine what caused the accident, and identify potentially responsible parties.

Throughout the process, your case team will keep you informed, answer your questions, and fight for the compensation you may be entitled to.

Your case team will stay in communication with you throughout your aviation accident claim. You may regularly communicate with your case manager by phone or email, and if you need to speak directly with your attorney, your team can help schedule a call to discuss your case, questions, or concerns.

Choosing the right legal team can make all the difference in the outcome of your case. With over 35 years of experience handling aviation accident cases, our attorneys are well-versed in state and federal aviation laws, as well as insurance regulations. We know what it takes to build a strong case and secure the compensation you deserve.

When you choose Morgan & Morgan in Massachusetts, you’re not just hiring a lawyer; you’re gaining access to an entire army of legal professionals dedicated to your case. This includes paralegals, investigators, and medical experts who work together to build the strongest possible case on your behalf.

And the best part is you don’t pay a dime unless we win your case. We understand that after an aviation accident, the last thing you need is additional financial stress. That’s why we operate on a contingency fee basis. That’s right—The Fee Is Free™: you only pay a share of your compensation if we win.

As the nation’s largest personal injury law firm, working with Morgan & Morgan sends a clear message that you mean business. Morgan & Morgan has recovered over $35 billion for our clients, and our reputation for winning is known across the country.

You don’t have to face this challenging time alone. At Morgan & Morgan, we are committed to helping aviation accident victims like you navigate the complexities of their claims and achieve the justice and compensation they deserve. Remember, our services are free unless we win your case, and we’re here to fight for you every step of the way.

If you’ve been injured in an aviation accident, don’t delay. Fill out our free case evaluation form today to find out how Morgan & Morgan can help you take the first step toward recovery and justice.