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THE SIMPLE FACTSTM...Aviation accidents are usually tragic events. Unfortunately, when a commercial airliner, charter aircraft, general private aviation, and/or helicopter crashes, it usually occurs due to a number of factors, such as pilot error, faulty aircraft equipment, negligent maintenance, or security breaches. An aviation accident is a complex case.
NTSB and FAA
When an aviation accident occurs, the investigation of the crash in the U.S. usually is carried out by the National Transportation Safety Board (NTSB) with assistance from the Federal Aviation Administration and other federal agencies. If the accident happens in another country, the investigation is usually carried out by a comparable agency/authority.
National and International Agencies
Some of the laws and agencies that govern aviation accidents - national or international - may include:
- Aviation Disaster Family Assistance Act - requiring airlines to take certain actions following an airline accident
- 1999 Montreal Convention - established rules for the compensation of victims of air disasters in international transportation.
- Federal Aviation Administration - created by the Federal Aviation Act of 1958 and is responsible for the safety of civil aviation.
- Death on the High Seas Act - Where aircraft accidents occur over the ocean (certain restrictions being met), courts have held that the DOHSA wrongful death remedy may apply.
And, depending on where the accident occurred, the laws that govern aviation accidents could be based on either state, national and/or international laws and codes. Therefore, both U.S. and citizens of countries outside the United States can assert claims in American courts and against national airline, airplane and manufacturers for aviation accidents that occur abroad.
We are here to help you protect your legal rights and the legal rights of your loved ones.
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