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WHEN YOU NEED ONE OF THE BEST AVIATION INJURY LAW FIRMS
California Aviation Attorney
Air travel is a common mode of transportation for millions of individuals every year, offering convenience and accessibility to destinations around the world.
However, amidst the convenience lies the potential for accidents and injuries that passengers may experience while flying and at airports throughout California.
If you have experienced a flight injury in California, contact our experienced aviation injury lawyers for a free consultation by calling us at 1-888-738-8539.
A California aviation accident is an incident involving an aircraft, or on airport property that typically resulting in injury to passengers or crew members.
When an airline is at fault for an accident, it means that the accident was caused by the airline’s negligence, recklessness, or failure to adhere to safety regulations or standards.
In January 2024 alone, there were 80 international airline accidents, 4 of which were in California. [1]
In California, regulatory oversight of airline in-flight incidents primarily falls under federal jurisdiction, with the Federal Aviation Administration (FAA) serving as the primary regulatory authority for aviation safety.
However, several state and local agencies may also play a role in responding to and investigating in-flight incidents involving airlines.
Here are some regulatory authorities that may be involved in overseeing airline in-flight incidents in California:
Federal Aviation Administration (FAA): The FAA is the primary federal agency responsible for regulating civil aviation in the United States. It sets and enforces safety standards, conducts inspections, certifies aircraft and personnel, and investigates accidents and incidents involving civil aircraft, including in-flight incidents. The FAA’s oversight extends to airlines operating within California and across the United States.
National Transportation Safety Board (NTSB): The NTSB is an independent federal agency tasked with investigating transportation accidents, including aviation accidents and incidents. While the NTSB’s primary focus is on accident investigation rather than regulatory oversight, it plays a critical role in determining the probable cause of in-flight incidents and making safety recommendations to prevent similar incidents in the future.
California Public Utilities Commission (CPUC): The CPUC regulates certain aspects of transportation within California, including passenger carriers such as airlines. While its authority primarily pertains to ground transportation, the CPUC may have some jurisdiction over certain aspects of airline operations within the state.
Local Law Enforcement and Emergency Services: Local law enforcement agencies and emergency services may be involved in responding to in-flight incidents that occur within their jurisdiction, particularly if the incident involves criminal activity, passenger disturbances, or other emergencies requiring immediate assistance.
California Department of Transportation (Caltrans): While primarily focused on ground transportation infrastructure and operations, Caltrans may have some involvement in coordinating with federal agencies and local authorities in response to aviation incidents that affect transportation systems within the state.
Airline injuries can happen it two places, typically at the airport on the tarmac or while in flight. Accidents can be caused by a multitude of factors, often stemming from a combination of human error, and organizational or systemic deficiencies.
Here’s a detailed breakdown of some common causes:
Plane Crashes: Injuries can be sustained from a collision or abrupt, forced landing of the aircraft. Airplane crashes may occur due to mechanical failures, weather conditions, or pilot error. They can range from minor impacts to severe. This includes wrongful death lawsuits where the airline is responsible for the loss of life.
Turbulence-Related: Turbulence can cause passengers and crew members to be thrown about the cabin, leading to injuries such as bruises, strains, sprains, or even fractures.
Luggage-Related Accidents: Improperly stowed or unsecured luggage in overhead bins can fall during flight turbulence or when the bins are opened, potentially causing head, shoulder, or limb injuries to passengers.
Food Service-Related: Injuries may occur during food or beverage service if passengers or crew members get beverage burns, are cut by sharp objects, or slip on spilled food or beverages.
Service Trolley Accidents: Service trolleys used by flight attendants to transport food, beverages, or other items can pose a risk of injury if they collide with passengers or crew members due to turbulence or improper handling.
Overhead Bin Accidents: Passengers may sustain injuries while opening or closing overhead bins if they are defective, improperly maintained, or if items stored inside the bins fall out unexpectedly.
Slip-and-Fall-Accidents: Passengers may slip-and-fall while navigating the aisles, lavatories, or entryways of the aircraft, especially if surfaces are wet, slippery, or obstructed.
Emergency Evacuation Accidents: In the event of an emergency evacuation, passengers may sustain injuries while exiting the aircraft, such as tripping, falling, or being trampled in crowded or chaotic conditions.
In all of these scenarios, if the airline’s negligence, recklessness, or failure to adhere to safety standards contributed to the occurrence of these injury types during an aviation accident, the airline may be held responsible for the resulting damages and injuries.
Victims of such incidents are advised to seek legal advice from our experienced California aviation accident attorneys to understand their rights and options for seeking compensation.
In-flight incidents can result in a variety of injuries, ranging from minor discomfort to more severe trauma.
Here are some common flight injuries:
The Montreal Convention, previously known as the Warsaw Convention, controls an international airline passenger’s right to receive financial compensation in the event of an injury or death that takes place either on board the aircraft, or while the passenger is in the process of boarding or disembarking that flight.
Under Article 17 of the Convention, the airline is liable for damages sustained in case of death or bodily injury of a passenger, provided only that the accident that caused the death or injury took place on board the aircraft or in the course of any of the operations. [2]
The Convention provides for strict liability against the carrier, provided the passenger can prove that he or she was injured in an “accident,” as that term has come to be defined by the courts.
Here are some potential types of compensation available for individuals affected by in-flight airline incidents and/or negligent airline injuries in California:
Medical Expenses: Passengers injured during in-flight incidents may seek compensation for medical expenses incurred as a result of their injuries.
This includes reimbursement for hospital bills, doctor’s visits, surgeries, medication, rehabilitation, and other necessary medical treatments.
Lost Income: If passengers are unable to work due to injuries sustained during an in-flight incident, they may be entitled to compensation for lost wages or income. This includes compensation for both past and future lost earnings, including wages, bonuses, and other employment benefits.
Pain and Suffering: Passengers may also seek compensation for physical pain, emotional distress, and mental anguish caused by the in-flight incident and resulting injuries. Pain and suffering damages aim to provide compensation for the physical discomfort and emotional distress experienced by the victim.
Disability and Impairment: If passengers sustain permanent disabilities or impairments as a result of the in-flight incident, they may be entitled to compensation for the loss of earning capacity, loss of enjoyment of life, and other long-term consequences of their injuries.
Property Damage: In cases where passengers’ personal property is damaged or lost during an in-flight incident, they may be entitled to compensation for the repair or replacement of their belongings. This includes compensation for items such as luggage, electronic devices, clothing, and other personal belongings.
Reimbursement for Additional Expenses: Passengers affected by in-flight incidents may incur additional expenses, such as travel expenses for medical treatment, accommodations, transportation, and other incident-related costs. They may seek reimbursement for these expenses as part of their compensation.
Punitive Damages: In cases involving extreme negligence, recklessness, or intentional misconduct by the airline, passengers may be entitled to punitive damages in addition to compensatory damages. Punitive damages are intended to punish the airline for its wrongful conduct and deter similar behavior in the future.
Here’s a list of most common domestic airlines operating flights to and from California:
In California, the Statute of Limitations for aviation injuries is typically two years from the date of the injury. This means that injured individuals generally have two years from the date of the aviation accident to file a lawsuit seeking compensation for their injuries. [3]
In cases where the injured party is a minor or has a legal disability, such as being mentally incapacitated, the Statute of Limitations may be extended. Minors typically have two years from the date of their 18th birthday to file a lawsuit for personal injury in California.
Consult with our experienced aviation and airline accident attorneys as soon as possible after the accident.
We can guide you regarding the applicable Statute of Limitations, help gather evidence to support the claim and ensure that all legal deadlines are met.
California is home to several major airports that serve as key transportation hubs for domestic and international travel. Here are some of the major airports in California:
Los Angeles International Airport (LAX)
Address: 1 World Way, Los Angeles, CA 90045
LAX is one of the busiest airports in the world and serves as a major gateway for international and domestic flights.
San Francisco International Airport (SFO)
Address: San Francisco, CA 94128
SFO is a major hub for both domestic and international travel, serving millions of passengers each year.
San Diego International Airport (SAN)
Address: 3225 N Harbor Dr, San Diego, CA 92101
SAN is the primary airport serving the San Diego metropolitan area and offers a range of domestic and international flights. It is conveniently located near downtown San Diego.
Oakland International Airport (OAK)
Address: 1 Airport Dr, Oakland, CA 94621
OAK is a major airport serving the East Bay region of the San Francisco Bay Area. It offers a convenient alternative to SFO for travelers in the East Bay and features multiple terminals.
Norman Y. Mineta San Jose International Airport (SJC)
Address: 1701 Airport Blvd., San Jose, CA 95110
SJC is located in the heart of Silicon Valley and serves as a major airport for the San Jose metropolitan area. It offers a terminal complex with access to downtown San Jose and the surrounding area.
John Wayne Airport (SNA)
Address: 18601 Airport Way, Santa Ana, CA 92707
SNA serves the Greater Los Angeles Area and offers flights to various domestic destinations.
Sacramento International Airport (SMF)
Address: 6900 Airport Blvd., Sacramento, CA 95837
SMF is the primary airport serving the Sacramento metropolitan area and offers domestic and limited international flights.
Hollywood Burbank Airport (BUR)
Address: 2627 N Hollywood Way, Burbank, CA 91505
BUR offers domestic flights to various destinations. It is known for its convenient location in Burbank.
Long Beach Airport (LGB)
Address: 4100 Donald Douglas Dr, Long Beach, CA 90808
LGB serves the Greater Los Angeles Area and offers domestic flights to various destinations, particularly on the West Coast. It is known for its ease of access and its focus on providing a hassle-free travel experience.
Ontario International Airport (ONT)
Address: 2500 E Airport Dr, Ontario, CA 91761
ONT serves the Inland Empire region of Southern California and offers domestic flights to various destinations. It is located in Ontario and offers convenient access to the surrounding communities.
When facing the aftermath of an aviation injury in California, you need an experienced plane injury lawyer. Here’s why you should consider hiring our California flight injury attorneys:
Track Record of Success: With a proven track record of success in litigating against airlines, our flight injury lawyers have secured substantial compensation for victims of aviation accidents in California. We understand the tactics used by airlines and their insurers to minimize liability, and we know how to build strong cases that hold them accountable for their actions.
Resourceful Investigation: Our legal team conducts thorough investigations into aviation accidents to uncover evidence of airline negligence. From obtaining flight records and maintenance logs to interviewing witnesses and consulting with industry experts, we leave no stone unturned in our pursuit of justice for our clients.
Aggressive Advocacy: We are relentless advocates for our clients’ rights and interests. We are not afraid to take on powerful airlines and their legal teams in court, and we fight tirelessly to secure the maximum compensation our clients deserve for their injuries, medical expenses, lost income, and pain and suffering.
Compassionate Support: We understand the physical, emotional, and financial toll airline injuries can take on victims and their families. That’s why we provide compassionate support and personalized attention to every client, guiding them through the legal process with empathy, understanding, and care.
No Fee Unless We Win: Our firm operates on a contingency fee basis, which means that our clients don’t pay any upfront costs or legal fees unless we successfully recover compensation on their behalf. This arrangement allows injured individuals to access high-quality legal representation without financial risk.
Hiring our California aviation attorneys means having dedicated legal advocates who will fight tirelessly to hold airlines accountable for their negligence and secure the compensation and justice you deserve. With our track record of success and compassionate support, we are committed to helping aviation injury victims rebuild their lives and move forward with confidence.
If you have been injured in an aviation accident in California, book a free consultation today with the Law Office of Bohrer & Lukeman.
Sources:
[1] NTSB. (n.d.). https://data.ntsb.gov/carol-main-public/query-builder?month=1&year=2024
[2] IATA. (n.d.). https://www.iata.org/contentassets/fb1137ff561a4819a2d38f3db7308758/mc99-full-text.pdf
[3] Statute of Limitations – getting_started_selfhelp. (n.d.). https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en#:~:text=Personal%20injury%3A%20Two%20years%20from,date%20the%20
contract%20was%20broken.
