Application is now closed for our scholarship. The winner will be announced by email and published on this page by the end of August 2017. We will also publish the essays that will be considered for our 2018 scholarship.
In aviation accidents, as with many other types of accidents, the first thing that we do is we talk to the client, and we start to gather the information about what happened.
Sean M. Cleary
In 2012, there was a total of 1453 civil aviation accidents, of which 257 were fatal, and 407 fatalities were recorded. The numbers have dropped in 2013, with a total of 1206 accidents, 217 fatal and 389 deaths. There were 24 accidents recorded in 2012 involving aircraft operating under 14 CFR 121 and 16 accidents in 2013, all under scheduled service.
Air transportation is, according to statistics, the safest way to travel despite common fears and is one the most important means of transportation in the world especially for long-distance trips. Being a huge international industry that has changed tremendously since its beginning, with new kinds of airlines and services offered, it has inevitably very strict regulations and standards for functioning. But sometimes, due to negligence, pilot errors, weather conditions, technical defects or other unfortunate events such as sabotage, accidents can occur with tragic consequences for passengers and their families.
Aviation laws are now present in every country in the world, being considered a concern of international law due to the nature of this industry, creating the legal framework for both goods and passengers. While being involved in an aviation accident is undoubtedly a very traumatizing event, one needs to be informed in time about what has to be done from a legal perspective and act as quickly as possible.
At The Law Offices of Sean M. Cleary, we have expertise in dealing with both multiengine and single-engine aircraft accidents. Our working standards and methodology concentrate on having a straightforward and transparent communication with each of our clients in order to fully understand what happened and gather the necessary information in a view to prepare the case. Mr. Cleary can travel to the location or scene of the accident together with the proper aviation experts in order to establish what the causes of the plane crash were and talk to witnesses. Even though investigations for these types of accidents can take longer than other cases due to their complexity, we are able to offer the necessary assistance and support for anyone who wishes to use our services. We will provide a free initial case evaluation and closely collaborate with accident investigators or other aviation experts to establish proper liability and increase your chances of winning in court.
Aviation Accidents Liability
When it comes to determining liability in an aircraft accident, several entities might be responsible. The investigation is often complex and can even take years to finish in the event of a serious accident. Considering the causes of the crash, among the defendants, one can often find:
The airline company
The manufacturer or designer of the aircraft
The ground personnel
Litigating against airline companies requires a reputable and experienced lawyer with the knowledge and skills to withstand defenses. Mr. Cleary collaborates with renowned airplane accident investigators, engineers, and piloting experts to determine the exact causes of each aviation accident. Together, they work relentlessly to build strong personal injury cases that compel the responsible parties to provide compensation for victims and their families.
Aviation law is that branch of the law that concerns flight, air travel, and associated legal and business concerns. In many instances, aviation law is considered a matter of international law due to the nature of air travel, and some of its areas of concern overlap that of admiralty law. In the U.S. and most European states, aviation law is considered a federal or state-level concern, being regulated at that level. States cannot govern aviation matters in most cases directly. Instead, they look to Federal laws and case law for this function. In the U.S., aviation law is not held under the same Federal mandate of jurisdiction as admiralty law.
A national aviation authority (NAA) is a government statutory authority in each country that supervises the approval and regulation of civil aviation. NAAs typically regulate the following aspects of aircraft airworthiness:
Standards for air traffic control
Licensing of airports and navigational aids
Licensing of pilots and maintenance engineers
Maintenance of aircraft and equipment
The operation of planes and equipment
The design of aircraft, engines, airborne and ground-based equipment
Conditions of manufacture and test of aircraft and equipment
In the international realm, a specialized agency of the United Nations called the International Civil Aviation Organization (ICAO) determines general rules and mediates international concerns to an extent regarding aviation law. In the United States, the Federal Aviation Administration (FAA) has jurisdiction to regulate and oversee all aspects of American civil aviation. The FAA is divided into four lines of business (LOB), and each of them has a particular role within the FAA:
Air Traffic Organization (ATO), with a primary duty to safely and efficiently move air traffic within the National Airspace System, managing air traffic facilities that include Airport Traffic Control Towers and Terminal Radar Approach Control Facilities.
Aviation Safety (AVS), in charge of aeronautical certification of aircraft and personnel.
Commercial Space Transportation (AST), ensuring the protection of U.S. assets during the launch or reentry of commercial space vehicles.
Airports (ARP), planning and developing projects involving airports, ensuring compliance with federal regulations and overseeing the airport's construction and operations.
The FAA's primary functions include:
Regulating U.S. commercial space transportation
Researching and expanding the National Airspace System and civil aeronautics
Regulating civil aviation to promote safety
Governing the geometry of the air navigation facilities and flight inspections standards
Encouraging and developing civil aeronautics, including new aviation automation
Designing and operating a system of air traffic control and navigation for civil and military aircraft
Issuing, suspending or revoking pilot certificates
Sean is an outstanding professional, transparent and very diligent; he personally dedicated time and attention to my case; he always responded my calls promptly, keeping me informed all the time. His knowledge and advice are very accurate and valuable. Definitely, great lawyer.
What is the Statute of Limitations for Aviation Accidents in Florida?
The time period for bringing a suit varies depending upon what law applies. In some of the cases, limitation periods can be quite short, but there are a number of factors, which affect how long the time limit will be in a case. The Warsaw Convention “preempts” state tort liability and thus, even if an international flight crashes in Florida, the...
Who Can Be Held Liable and What Damages Are Recoverable?
If the person survives, the damages he or she can recover include pain and suffering, loss of wages and medical bills, both past and future. In the event of a death, the relatives of the victim can recover damages for funeral expenses, the loss of support the victim would have provided and others. The Convention allows recovery for physical bodily injury...
What Agencies Are Involved in the Investigation of Aviation Accidents?
Generally, the National Transportation Safety Board (NTSB) will lead the investigation of any aviation crash, with assistance from members of the local law enforcement authorities, Federal Aviation Administration (FAA), and representatives of the manufacturer of the aircraft....
If There Are No Surviving Witnesses to the Crash, How Can I Prove That the Airline or the Pilot of the Airplane Was at Fault?
Airplane crash investigation by experts can often determine the cause of a crash even if no one survives. All airliners and many charter aircraft contain instruments called flight data recorders and cockpit voice recorders. Radar information, and careful investigation of the wreckage also...