AVIATION ACCIDENT LAWYER IN BROOKLYN

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

Private aviation, drone use, and recreational flying have grown in recent years, putting more aircraft and operators in the skies. In some cases, less experienced pilots or operators, combined with different regulatory requirements for private and recreational aviation, can create additional safety risks.

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 increasingly rely on sophisticated automated systems designed to improve safety and performance. However, problems can arise when pilots become overly dependent on automation or are not adequately trained to respond when these systems malfunction. In some circumstances, automation failures or confusion about how a system is operating can contribute to serious aviation accidents.

Underreporting and Delayed Safety Fixes

In some cases, airlines, manufacturers, or other aviation companies may fail to promptly address known safety concerns or implement necessary upgrades. Delays in reporting problems or correcting potential hazards can put passengers, pilots, and crew members at unnecessary risk.

Aviation accidents may be uncommon, but their consequences can be devastating. When an airline, manufacturer, operator, or another responsible party fails to address a known danger or meet applicable safety obligations, accountability matters. Morgan & Morgan fights for aviation accident victims and their families in Brooklyn, working to uncover what happened and hold responsible parties accountable.

Aviation law covers the rules, regulations, and legal issues involving aircraft and air travel. In Brooklyn, 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 involve everything from major aircraft crashes to incidents that occur on the ground. Depending on how the accident happened and who was involved, several types of aviation-related incidents may lead to a legal claim.

Commercial Airline Accidents

Commercial airline accidents can cause catastrophic injuries and loss of life. While agencies such as the FAA and NTSB may investigate an accident to determine what happened and address aviation safety, injured passengers and surviving families may need separate legal representation to pursue compensation from responsible parties.

Private and Charter Aircraft Accidents

Accidents involving private and charter aircraft can be just as serious as commercial airline crashes. Potential causes may include pilot error, mechanical failure, inadequate maintenance, defective components, or other safety issues.

Helicopter Accidents

Helicopters are used for purposes ranging from medical transportation and tourism to news coverage and private travel. Accidents may involve pilot error, mechanical problems, hazardous weather, navigation issues, or improper maintenance.

Drone Accidents

Commercial and recreational drones can cause injuries or property damage when they crash, malfunction, or are operated unsafely. Determining liability may depend on who operated or owned the drone and what caused the incident.

Airport and Ground Accidents

Aviation-related injuries can also happen without an aircraft crashing. Tarmac vehicle collisions, ground equipment accidents, and other incidents involving airport or ground operations may raise questions about negligence and liability 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 Brooklyn 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 may work with engineers, aviation specialists, former pilots, and other experts to investigate an accident. This can include reviewing flight recorder data, examining maintenance records, gathering evidence, and interviewing witnesses to help determine what happened.

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 accident claims may involve large insurance companies working to limit their financial liability. Our attorneys can handle negotiations on your behalf, challenge attempts to undervalue your claim, and fight for the compensation you may be entitled to.

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 Brooklyn 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. Morgan & Morgan offers free case evaluations, so it costs nothing to speak with our team about a potential airplane accident claim.

Getting started is simple. You can contact us online or by phone to tell us what happened and learn whether we may be able to help with your case.

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 New York, 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.

The aftermath of an aviation accident can be overwhelming, but you don’t have to navigate the legal process on your own. Morgan & Morgan helps aviation accident victims and their families understand their options, investigate what happened, and fight for the compensation they may be entitled to.

It costs nothing upfront to hire us, and The Fee is Free® unless we win. Our team is ready to stand with you throughout the process and 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.