Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu

Can the Pilot of a Private Plane be Held Liable for an Accident?

accident6

Whether a person has a fear of flying or not, it inevitably crosses their mind at some point before or during the flight that the plane may go down, or that there may be a serious malfunction that will cause it to temporarily drop from the sky and inflict serious injury in the process. Though flying is not nearly as risky as driving and several other “land activities,” the consequences of an aviation accident are much more grave and certain than those of a car accident. For instance, if an individual were to get into a car accident, they may or may not get injured; however, if an individual were involved in an aviation accident, injuries would be a certainty, and death a very high possibility. Because of this, when an individual steps onto an aircraft, they do so with the utmost trust and confidence that the plane was built well, and that the pilot knows what he or she is doing.

Unfortunately, aviation accidents do happen—and with much more frequency among the private sector than the public—and when they do, the consequences are severe.

Private Pilot’s Duty of Care to His or Her Passengers

According to the Federal Aviation Administration (FAA), “the pilot in command of [the] aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft (§91.3). Furthermore, the pilot of any aircraft has a civil duty to exercise ordinary care in the handling of their aircraft, and to do everything in his or her power to keep their passengers safe. If a pilot violates any of the FAA’s regulations during a flight, and if a passenger were to sustain injuries as a result of that violation, they may be sued for negligence.

Furthermore, according to §91.7 of FAA regulations, an aircraft must be “airworthy” in order to be flown. The pilot in command is responsible for determining whether an aircraft is in condition for safe flight. The pilot in command also has a responsibility to his or her passengers to discontinue the flight when un-airworthy mechanical, electrical, or structural conditions occur.

Legal Options Available

If a Miami private pilot were to violate FAA regulations during flight, if their aircraft was un-airworthy before takeoff, or if they failed to land immediately upon discovering an un-airworthy condition, they may be held liable for your injuries on the grounds of negligence.

Contact Our Miami Personal Injury Law Firm

At The Pendas Law Firm, our Miami aviation accident lawyers can evaluate the circumstances surrounding your accident and determine whether or not you have a case. If we believe that you do have a case, we can help you pursue adequate compensation for the damages and losses sustained. To schedule a private consultation, contact our Miami law firm at 1-844-200-0000 today. We also serve clients in the Orlando, Daytona, Bradenton, Tampa, Jacksonville, Fort Lauderdale, West Palm Beach, and Fort Myers areas.

Resource:

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=3efaad1b0a259d4e48f1150a34d1aa77&rgn=div5&view=text&node=14:2.0.1.3.10&idno=14#se14.2.91_13

Read What Others Have To Say About Us

  • I can't express how much I appreciate this law firm. I had the honor to deal with attorney Daniel. He kept me updated on my case. I couldn't ask for a better law firm...

    — Terry Mcphillips
  • Speedy & superb handling of clients & cases, kind & caring. Highly recommended professionals. They made everything very easy for us, were outgoing & polite. I would call them again if ever in need, rather than call the larger firms that need to advertise & brag about winnings...

    — Joseph Kestell
  • Wow I called Pendas Law Firm the other day at their main intake line it was around 11 o’clock at night and I’ve got this wonderful representative his name was Jeffrey Alvarez. This guy was very professional and his compassion was out of this world..

    — Luis Sanchez
  • Thank you for helping us in our time of need. This firm handled my father’s workers comp case, and helped us with every question we had, and we had a plenty. Thankful for the entire legal team!

    — Enilno Resu
  • I just concluded a case with attorney Michael Sanchez and paralegal Camilo Lopez. I can only say they are exceptional. The customer service is unique, they have been battling alongside me since day 1. They are not only courteous and professional, but they also are amazing at their job...

    — Israel Garcia
  • Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Already recommended them to others in the same circumstances, their staff speaks Spanish and you feel like in family.

    — Ian Brito
  • Very Professional law firm. They explained to you every detail what to do according to the laws (worker's compensation). Mr. Danilo Cruz is the best Lawyer and his team. They are very kind, friendly, responsible, I love this firm. They fight for their clients. AwesomeTeam!

    — Lau Rod
  • I am very proud and happy that my case was closed, and definitely won! Lizette Gonzalez was my case manager and I definitely recommend this P.A.! Honestly, no other lawyer even tried to fight my case at all, I was turned down by most of those who I called...

    — KingArroyoVEVO
  • Great lawyers who speak Spanish and English. Danny Cruz and Lizette Gonzalez helped with my case and put my parents worries at ease. They got my case over and done with within a year and helped get all my bills paid.

    — Caroline Matute
  • This was a positive, informative and pleasant experience concerning an unpleasant situation. Everyone I spoke to was very professional and compassionate. I always felt to be in the best and most capable hands. the Pendas Law Firm lives up to its reputation!

    — Jean Villarreal
  • Pendas Law did an awesome job working my claim against my homeowners insurance. They had refused to pay for the wind damage to the roof. Larry with Pendas Law Firm was assigned to my case and immediately started working on it. I could not be happier. Will definitely use Pendas Law in the future if needed.

    — John Hibbert
  • I'm thankful to have chosen them , very responsible and communicative , Went in the office with my family and the environment was great ,Sahily walked me through the process professionally, I got a good settlement faster than I expected, would totally recommend.

    — Juan Fernandez
  • I'm very happy with this firm... Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case. I recommend them 100%...

    — MARIA PASTOR
  • This law firm is amazing. I love how they always try to stay/keep in contact with you. It shows that they really care and want everything taken care of correctly, Thank You!...

    — SHANTELLE BLACKWELL
  • I'm very thankful for all the attention of all the Pendas staff that took care of my case and helped me through the process, thanks for your patience, collaboration and comprehension!...

    — CARLOS GUADALUPE
  • The Pendas Law Firm was amazing! They are very kind, professional, and hard-working! They always kept me informed. Larry Trias was great to work with! I always recommend Pendas to family and friends. Thank you for helping me with my case!

    — HEATHER PEPPER
  • Their attorneys are absolutely someone you want handling your car accident claim. They communicated with us promptly and thoroughly. I was very happy with our recovery. Their staff speaks Spanish and you feel like family.

    — IAN BRITO
  • I would definitely recommend this firm. The staff really helps you and they actually show you that they care, especially Siomara Roldan. She has been a great help for my family and myself, she is always helpful with any questions.

    — WILMER D SANTANA RODRIGUEZ
  • Pendas is the best! The paralegals are very attentive to your case, knowledgeable, and communicative! The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. I truly recommend Pendas!

    — MCKENZIE CZABAJ
  • Previous
  • Next
 

By submitting this form I acknowledge that form submissions via this website do not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege.

Florida Personal Injury Offices

Skip footer and go back to main navigation