Handling Your Personal Injury Case: A Plane Crash

If you’ve been injured in a plane crash in Texas, pursuing a personal injury case can be a complicated and overwhelming process. Aviation accidents, while rare, often involve severe injuries and require a thorough legal approach to secure adequate compensation. Here’s a brief overview of how a personal injury case involving a plane crash may unfold under Texas law.

The first step, which we always recommend, is to always seek immediate medical attention. Once you’re stable, it’s important to consult with an experienced personal injury attorney who has experience dealing with aviation law. They will help identify potential liable parties, which could include the airlines, aircraft manufacturers, maintenance providers, or potentially the pilot. Determining who is at fault is crucial, as it will shape the legal approach moving forward.

Texas law allows for compensation if negligence or wrongdoing led to the crash. Your attorney will start by investigating the cause of the accident, gathering evidence such as flight data, maintenance records, and expert opinions. These are all critical in proving fault.

Once the liable parties are identified, your lawyer will file a claim. A common legal issue in plane crash personal injury cases is federal preemption, which arises when federal regulations from the Federal Aviation Administration (FAA) potentially override state laws.

For instance, if an accident is caused by an aircraft defect or maintenance error, defendants like the airline or manufacturer may argue that they were following FAA guidelines, and therefore, state tort laws should not apply. This can limit a plaintiff’s ability to pursue negligence claims under Texas law, as the case could be governed by federal aviation standards instead. Navigating this issue requires careful legal strategy, as an experienced attorney must determine whether state law can still be used to hold the responsible parties accountable or if federal regulations take precedence in the case.

Plane crash cases are complex, requiring specialized knowledge of both federal and state laws. That’s why hiring an attorney with experience in aviation law is essential to navigate the process and secure the compensation you deserve. Contact Abraham Watkins today at 713-222-7211 or 1-800-870-9584 for a free consultation.