Personal Injury Type -  Airplanes

Aviation accidents can involve commercial, private, or military aircraft. The issues are generally complex and require extensive investigation. For example, on September 8, 1994, about 1903:23 eastern daylight time, USAir (now US Airways) flight 427, a Boeing 737-3B7 (737-300), N513AU, crashed while maneuvering to land at Pittsburgh International Airport, Pittsburgh, Pennsylvania. Flight 427 was operating under the provisions of 14 Code of Federal Regulations Part 121 as a scheduled domestic passenger flight from Chicago-O'Hare International Airport, Chicago, Illinois, to Pittsburgh. The flight departed about 1810, with 2 pilots, 3 flight attendants, and 127 passengers on board. The airplane entered an uncontrolled descent and impacted terrain near Aliquippa, Pennsylvania, about 6 miles northwest of the destination airport. All 132 people on board were killed, and the airplane was destroyed by impact forces and fire. Visual meteorological conditions prevailed for the flight, which operated on an instrument flight rules flight plan.

The National Transportation Safety Board determined that the probable cause of the USAir flight 427 accident was a loss of control of the airplane resulting from the movement of the rudder surface to its blowdown limit. The rudder surface most likely deflected in a direction opposite to that commanded by the pilots as a result of a jam of the main rudder power control unit servo valve secondary slide to the servo valve housing offset from its neutral position and overtravel of the primary slide.

The safety issues included, in part, the Boeing 737 rudder malfunctions, including rudder reversals; the adequacy of the 737 rudder system design; unusual attitude training for air carrier pilots; and flight data recorder (FDR) parameters.

The National Transportation Safety Board, which investigates about 2,000 aviation accidents and incidents a year, was established in 1967 to conduct independent investigations of all civil aviation accidents in the United States and major accidents in the other modes of transportation. The Safety Board has no regulatory or enforcement powers. To ensure that Safety Board investigations focus only on improving transportation safety, the Board’s analysis of information and its determination of probable cause cannot be entered as evidence in a court of law.

From their investigations, the Safety Board can make recommendations to involved parties and agencies. Those injured in aviation accidents may also pursue legal claims against the responsible parties. Civil claims can afford injured persons or their families’ compensation for their injuries, pain and suffering, and other loses.

  • When, where, and what were the circumstances of the accident?

  • Was there a design or structural problem?

  • Was there a systems problem?

  • Was there a power problem?

  • Was there a human performance problem?

  • Was there a fire and explosion?

  • Was there a meteorological factor?

  • What information does radar data, flight data recorder and witness statements, among others information indicate?

  • Was there any criminal activity?

  • Could it have been prevented?

  • Was there a NTSB investigation the accident?

  • Did the FBI investigate the accident?

  • Does the accident involve a wrongful death claim? Was there an autopsy?

  • For survivors, what are the nature and extent of all injuries?

Aviation legal claims can involve complex legal, technical, and safety issues. It is important that an experienced legal team evaluate all aviation accident claims.  If you, a friend, or loved one are hurt in an accident, you should take immediate steps to protect your or their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, and do not sign anything. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to accident claims. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using the following Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients.

   

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