NTSB Chairman Deborah Hersman’s recent testimony before congress concerning the mid-air collision over the Hudson raises more questions than it answers. She stated that the Teterboro controller instructed the Piper pilot to switch to frequency 127.85 to contact the Newark controller. But before leaving the Teterboro frequency, according to Hersman, the pilot read back to
Mike Danko
Requiring an Aviation Insurance Company to Pay More Than the Policy Limits
An aviation insurance company must fairly compensate those injured due to the negligence of one of its policy holders. Of course, in most cases, the insurance company’s financial responsibility is limited to the dollar limits of the insurance policy.
But not always.
When an insurance company unreasonably forces an aviation accident victim to take his case to trial instead…
What Family Members Are Entitled To Compensation For the Loss of A Family Member in An Airplane or Helicopter Accident?
When someone is killed in an airplane or helicopter accident, California’s wrongful death law allows only certain members of the victim’s family to obtain monetary compensation from those who are responsible. The family members who are entitled to compensation are:
- The victim’s Spouse or registered Domestic Partner
- The victim’s Parents – but not where the victim
…
EMS Helicopter Safety: NTSB Pushes the Envelope
There’s little question that EMS helicopters are the most dangerous aircraft in the sky. EMS helicopters have a fatal accident rate 6000 times that of commercial airliners. Flying EMS helicopters is one of the most dangerous jobs in America. In fact, according to the Washington Post, only working on a fishing boat is riskier. …
Statutes of Limitation in Aviation Accident Cases
The victim of an airplane or helicopter accident must act on his rights or lose them forever. That means the victim must file a lawsuit by the appropriate deadline. In some cases, the victim must first file a special claim form with the right governmental agency. If he fails to do so on time, or files it with the wrong agency, he…
Aircraft Maintenance Manuals and the Mechanic’s Liability
Maintenance manuals tell the mechanic when to perform an inspection or service, and how to perform it. Many mechanics believe that the regulations require them to follow the book exactly.
But in an excellent column on this murky subject, mechanic and aviation author Mike Busch sums up the regulatory requirements nicely:
The manufacturer’s “how-to” instructions
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FAA To Allow Boeing To Self-Certify Its Aircraft Designs
Aviation manufacturers have long argued that victims should not be permitted to sue for aircraft design defects because, before any manufacturer’s aircraft leaves the ground, its design has to be approved and certified by the FAA. If the aircraft’s design is good enough for the FAA’s engineers, they argue, it should be good enough for the court system. Judges…
Helicopter – Airplane Mid-Air Collision Over the Hudson: NTSB Boots It
Litigation Expenses
The costs of litigating an aviation accident case can total hundreds of thousands of dollars. The expenses may include expert fees, deposition costs, investigation costs, and court fees. Under the contingency fee agreement, the client does not pay any litigation expenses. Instead, the attorney does. The attorney is reimbursed only if there is a…
Who Chooses the Attorney?
Only certain family members can sue for compensation for the loss of a loved one in an aircraft accident. Those family members may all agree to have the same attorney represent them. Though that is usually best, it is not always possible. When the family members don’t agree, or their interests diverge, each family member…
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