Who is Responsible for In-Flight Injuries on a Commercial Plane?

Posted on July 12, 2022 by admin

Many people have a fear of flying, when in fact, air travel is statistically safer than traveling by car, boat, or train. According to an in-depth study done by Dr. Barnett of MIT, data revealed that passengers are 19 times safer on an aircraft than in a vehicle. In fact, additional studies on various Odds of Death, conducted by the Natural History Museum of Los Angeles County, Massachusetts Institute of Technology, and University of California at Berkeley, reveal that we are more likely to die of a bee sting than a plane crash!

No matter how slight the chances are of being killed in a plane accident, in-flight injuries will always be a possibility. But which party is responsible for injuries that occur to passengers on a commercial flight? Is the airline liable for the damages and losses suffered by the injured victim?

Continue below to learn the facts you need to know about common carrier accidents and the Federal Aviation Act.

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Common Carrier Accidents and Liability

The term “common carrier” refers to any entity that provides transportation services for the public. Examples of common carriers include commercial airlines, public buses, tour buses, cruise ships, and more. In the case of an accident, common carriers are held to a more stringent duty of care in comparison to private carriers. When common carrier accidents occur, such cases should be taken seriously and investigated thoroughly.

Common Carrier Regulation

Common carriers are governed by regulatory bodies that set standards for safety and other types of concerns. The governing regulatory body for commercial airlines is the Federal Aviation Act (FAA). In terms of safety, these standards obligate common carriers to utilize the highest degree of diligence and care for the sake of their passengers and even their cargoes. When common carriers fail to adhere to such regulations, they can be held legally responsible for any damages and losses suffered by those affected by their negligence.

Examples of some basic expectations included in an airline’s duty of care for in-flight passengers include:

-Maintaining a safe passageway to the restrooms and exits on the plane;

-Taking measures to avoid overloading the aircraft with luggage;

-Employing pilots who are familiar with all flight-related data, including controls, weather conditions, and routes.

In addition to in-flight staffs and pilots, ground personnel are held to the same standard. They are obligated to be fully qualified and trained to conduct grounds control and maintenance inspections for planes.

When Airlines are Not Accountable

There are cases in which an airline is not responsible for injuries that occur to passengers. If an accident occurs as a result of an unusual or unforeseeable defect in the aircraft, the airline might not be responsible for the accident. If an airplane accident occurs as a result of a natural occurrence or unforeseen event that does not result from human negligence or error, then an airline might not be held accountable. These events are inanely referred to as “Acts of God.”

Pursing Legal Action After an In-Flight Injury

Whether you break your ankle as you were walking to a bathroom, hit by a falling overhead carry-on bag during some turbulence, or suffered food poisoning from the in-flight meal, your injuries deserve attention, both medically and legally. You may be entitled to certain legal rights or restitution after being injured on a commercial flight. A qualified personal injury lawyer can help you determine your rights to pursue legal action against a negligent airline, employee, passenger, or third-party.

If you are looking for legal advice regarding a recent in-flight or airline accident, you are in the right place. Contact the Law Office of Craven, Hoover, and Blaze k P.C. at 317-881-2700 to schedule a free consultation with a personal injury attorn e y in Indianapolis, Indiana. We also represent injured victims all across the state, and can meet via phone, video conference, or in-office.

Who is Liable After an Uber or Lyft Accident?

Posted on January 7, 2022 by admin

There are many reasons why ridesharing has become such a popular asset within our communities. Last week, New Year’s Eve celebrations increased Uber and Lyft requests significantly because responsible drinkers wanted to avoid intoxicated driving and subsequent penalties like DUIs or drunk driving accidents. In addition to opting for a sober ride, people use Uber and Lyft services to avoid rental car costs when visiting a new city, to avoid the hassle of airport parking, and more.

Overall, ridesharing services have proven to be highly advantageous and cost-effective. In fact, Uber currently has more than 160,000 active drivers. But, with the increase of popularity in Uber and Lyft services, there has also been an increase in car accidents.

When a passenger is injured in rideshare car accident, who is liable for their damages and losses? Injured passengers in rideshare car accidents can suffer hospital bills, medical expenses, lost wages from time off work, pain-and-suffering, prolonged physical therapy, disability, and much more. Who is responsible for compensating an injured rideshare passenger for these compensatory losses?

Continue reading to learn more about Uber and Lyft car accident insurance coverage, accident claims, and compensation recovery following a wrongful rideshare accident.

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Rideshare Car Accident Liability

Because of the Uber and Lyft business models, there can be multiple insurance parties liable after a rideshare accident. At-fault parties may include the rideshare driver, the rideshare company, a third-party driver, or even a government agency.

Rideshare companies attempt to evade liability for accidents by classifying drivers as independent contractors rather than employees. Fortunately, many courts are not motivated to protect rideshare companies from car accident liability. Still, in most cases, it is the rideshare driver who is deemed liable after a wrongful or negligent car accident.

Uber and Lyft Auto Insurance Coverage

Rideshare companies, including Lyft and Uber, make it mandatory for their drivers to maintain their own personal auto insurance liability coverage that meets the state minimum requirement. In addition to requiring their drivers to have their own personal liability insurance coverage at the state minimum, Uber provides a $1 million commercial insurance policy to cover drivers and passengers in motor vehicle collisions. But this coverage only applies if the accident occurs while the Uber app is active and turned on.

Although rideshare companies like Uber and Lyft require their drivers to maintain the state-mandated minimum car insurance coverage, it is possible for a rideshare driver to have insufficient coverage, and therefore, not be able to compensate victims for their damages and losses. Furthermore, many private insurance companies are unwilling to pay out victims for their damages and losses that occur as a result of a rideshare accident. For this reason, the most common liable party in rideshare car accident is the commercial insurance policy coverage.

Additional Scenarios That Might Change Liability Coverage in a Rideshare Car Accident

In the case that a rideshare driver is on duty but has no customers in their car, then causes an accident that harms someone, it is generally their own personal car insurance policy that will pay out damages to an injured victim. Companies like Uber may offer a small portion of contingent coverage, but only up to $50,000 per injured person, and up to $100,000 total per accident.

If a rideshare driver has their app on, has accepted a ride, and is on their way to go pick up a passenger (or already has a passenger in the vehicle), then a car accident occurs, the rideshare company’s full insurance coverage policy may apply.

The legalities surrounding liability and injury claims are complex, making it critical to consult an Indiana accident attorney for expert legal advice after being wrongly injured in a rideshare accident.

Are you looking for personal injury law firm in Indiana that can help you recover the full and fair compensation you deserve after suffering damages caused by an Uber or Lyft rideshare car accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a no-risk, no-fee personal injury consultation with an experienced car accident attorney in Indianapolis, Indiana. We also represent injured persons throughout the state of Indiana and Indiana residents injured in other states.

Can I Sue an Airline if I Am Injured on the Plane?

Posted on July 6, 2021 by admin

It is a well-known fact that traveling via airplane is statistically safer compared to traveling via car, bus, train, or any other kind of grounded motorized vehicle; however, accidents and injuries on airplanes still happen. Aside from an airplane crash, which often results in a significant number of fatalities, other types of accidents can happen on an airplane. If you are injured on an airplane, do you have the right to sue the airline in order to recover compensation for your damages and losses, such as hospital bills, medical expenses and pain and suffering?

Continue reading to learn what you need to know about common carrier lawsuits, specifically your rights to sue and airline after being injured on the plane.

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Common Carrier Airplane Accidents

An airplane is a common carrier. The term “common carrier” refers to any entity that provides transportation services for the public. In the case of an accident, common carriers are held to a more stringent duty of care in comparison to private carriers. So, when common carrier accidents do occur, such cases are usually taken very seriously and investigated thoroughly.

There are many ways a person can be injured in an airplane. Sprained ankles, broken bones, slip and falls, head injuries, and even assault are common injuries that result from accidents that occur on an airplane.

Common Carrier Liability

Regulatory bodies that set standards for safety and other types of concerns are the authorities that govern common carriers. For example, the governing regulatory body for commercial airlines is the Federal Aviation Administration (FFA). In terms of safety, these standards obligate common carriers to utilize the highest degree of diligence and care for the sake of their passengers and cargoes. And when common carriers fail to adhere to such regulations, they can be held legally responsible for any damages and losses suffered by those affected by their negligence.

What does all this mean? Well, an airline has a duty of care to ensure that the passengers are safe from all foreseeable hazards. For instance, an airline must ensure that their pilots are fully trained and knowledgeable of all instruments and procedures on the particular planes will be operating, the airline staff has a duty of care to ensure that there is a clear and safe path way from their seats to the bathroom, that overhead bins are not overloaded with luggage that can fall on top of passengers and cause head injuries, and that all weather reports have been extensively scrutinized in order to ensure safe journey to the ultimate destination.

In the cases of what the law calls “acts of God”, like natural disasters and unforeseeable types of turbulence, it is quite difficult to recover settlement and accident case. In such cases, airlines are usually protected against being sued, but every case is fact dependent.

Other Possible Liable Parties

Aside from the actual airline, there are other possible responsible parties in an on-flight airplane accident. Such parties depend on the cause of the accident. For instance, the aircraft repair company can be held responsible for negligently maintaining or repairing the aircraft, while also manufacturers and sellers of aircraft parts can be held responsible if some sort of negligence occurred on their behalf. Even passengers can be held responsible for an on-flight airplane accident, such as in the case of assault.

What You Need to Do as a Victim of an Airplane Accident or Injury

If you are injured on an airplane, it is important that you learn your rights to pursuing legal action against the airline or other possible parties so that you may obtain the monetary relief you deserve to cover all of your pain and suffering, lost wages, and all medical bills resulting from your injuries. As an airline accident victim, the best way to learn your rights after an on- flight airplane accident is to consult with a seasoned Indianapolis Indiana personal injury attorney. We have the knowledge, experience, and resources to determine the strength of your case and to properly document and prove your damages and losses.

Are you ready to learn more about your rights after being injured on an airplane? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a skilled and experienced personal injury lawyer in Indianapolis Indiana. We can conduct consultations for free, over the phone, via video conference, or in person at our office. We represent injured persons and dependents following the wrongful death of a loved one throughout the state of Indiana and for Indiana residents injured throughout the world.

You Should Also Read:

What is a Class Action Lawsuit?
Steps to Take After Being Injured in a Ride Share Accident
Facts About Indiana Bus Accident Law

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Category Archives: Common Carrier Accidents