Alaska Plane and Helicopter Crash Lawyers

Why are aviation cases different?

In much of Alaska, small planes and helicopters are how people, mail, and supplies get around. Pilots fly in mountains, over water, and in fast-changing weather. When a flight goes wrong, the injuries are often severe.

Aviation cases also involve federal rules, federal investigators, and companies that build aircraft and parts outside Alaska. They call for early investigation and attorneys who know how to work with aviation experts.

What causes plane and helicopter crashes?

• Pilot error, including flying into weather the pilot or aircraft could not handle.
• Flying into terrain, water, or obstacles in low visibility.
• Poor maintenance or missed inspections.
• Defective aircraft, engines, rotors, or parts.
• Overloading or improper balance.
• Fuel problems and icing.
• Pressure from an operator to fly in unsafe conditions.

Who may be responsible?

• The pilot. A pilot must operate the aircraft with reasonable care.
• The operator or air taxi company. Air taxi, charter, and commuter flights operate under a separate set of federal rules (14 C.F.R. Part 135).
• The owner. An owner may share responsibility for a flight or for the aircraft's condition.
• A maintenance or repair shop. Faulty repairs and missed inspections can cause crashes.
• A manufacturer. The maker of the aircraft or a defective part may be liable. See our page on products liability.
• The federal government. If a federal employee, such as an air traffic controller, contributed to a crash, the claim falls under the Federal Tort Claims Act. A written claim must be presented to the federal agency within two years (28 U.S.C. § 2401(b)).

What if you were a passenger on a private flight?

Alaska law limits claims by guest passengers against the owner or operator of an aircraft that is not being used for commercial purposes (AS 09.65.112(a)). The limit does not apply to gross negligence or reckless or intentional misconduct. Id. (b)(1)(A). It also does not apply when the aircraft is operated as a common carrier. Id. (b)(1)(B).

The limit also does not apply when the owner or operator has insurance that would pay the claim, up to the insurance limits. Id. (b)(2)(A). Nor does it apply when an uninsured owner or operator failed to tell the passenger before boarding that there was no insurance. Id. (b)(2)(B).

Is there a time limit for claims against aircraft manufacturers?

Yes, for most small aircraft. A federal law, the General Aviation Revitalization Act, generally bars suits against the manufacturer of a general aviation aircraft, or of a new part, for accidents more than 18 years after delivery (Pub. L. No. 103-298, §§ 2(a), 3(3), 108 Stat. 1552 (1994), 49 U.S.C. § 40101 note). For a replacement part, the period starts when the part was installed. Id. § 2(a)(2).

The law covers aircraft with fewer than 20 passenger seats that were not in scheduled passenger service at the time of the accident. Id. § 2(c). It has exceptions, including when the manufacturer knowingly misrepresented or concealed safety information from the FAA, and when the injured person was not aboard the aircraft. Id. § 2(b).

What role does the NTSB play?

The National Transportation Safety Board investigates civil aviation accidents. Federal rules require the operator to notify the NTSB immediately after an accident (49 C.F.R. § 830.5). Other rules govern preserving the wreckage and records. See 49 C.F.R. § 830.10.

The NTSB's own report on an accident cannot be admitted into evidence or used in a civil action for damages (49 U.S.C. § 1154(b)). An injured person needs an independent investigation to prove what happened.

What if the pilot was impaired?

Alaska's impaired-operation law covers aircraft as well as cars and boats (AS 28.35.030(a)). Alaska law also lists operating an airplane under the influence as a serious criminal offense (AS 09.60.070(c)(14)). A person injured by it may recover full reasonable attorney's fees from the offender. Id. (a). When insurance pays the fee award, the insurer owes only part of those fees. Id. (b). See our page on drunk driving accidents.

What evidence matters?

• The wreckage, engines, and parts, kept in a secure place.
• Maintenance logs and inspection records.
• Pilot records, training, and flight hours.
• Weather reports and flight planning records.
• Radar, radio, and GPS data.
• Photos, video, and witness statements.
• Your medical records, from the first visit forward.

Which Alaska rules affect an injury claim?

• Filing deadline. Most Alaska injury claims must be filed within two years (AS 09.10.070). Some claims follow different rules, so call early.
• Shared fault. If you share some of the fault, your recovery is reduced by your percentage. Partial fault does not bar the claim (AS 09.17.060).
• Damages caps. Alaska limits non-economic damages, such as pain and suffering, in most injury cases. The statute does not limit medical bills or lost earnings (AS 09.17.010).
• Fee shifting. The winning party in an Alaska lawsuit can usually recover part of its attorney's fees from the losing party (Alaska Civil Rule 82).

We handle most injury cases on a contingency fee. No attorney's fee unless we recover for you. Clients may be responsible for case costs, and under Alaska law a losing party may be ordered to pay part of the other side's attorney's fees and costs. See how our fees work, our page on wrongful death claims, and our guide to Alaska injury law basics.

Frequently asked questions

Sources

• AS 09.65.112 (guest passengers on non-commercial aircraft and watercraft).
• General Aviation Revitalization Act of 1994, Pub. L. No. 103-298, 108 Stat. 1552 (49 U.S.C. § 40101 note).
• 49 U.S.C. § 1154(b) (NTSB reports not admissible in civil actions).
• 49 C.F.R. Part 830 (accident notification and preservation of wreckage).
• 14 C.F.R. Part 135 (commuter and on-demand operations).
• 28 U.S.C. § 2401(b) (Federal Tort Claims Act time limits).
• AS 28.35.030 (operating under the influence, including aircraft).
• AS 09.60.070 (attorney's fees for victims of serious criminal offenses).
• AS 09.10.070 (two-year limit for most injury claims).
• AS 09.17.060 (comparative fault).
• AS 09.17.010 (limits on non-economic damages).
• Alaska Civil Rule 82 (attorney's fees).

This page gives general information, not legal advice for your situation.