Aviation Accident Lawyer in Texas

How These Types of Cases Happen

Aviation accidents cover more than commercial airline crashes. Some of what we see:

• Small private or charter plane crashes
• Helicopter accidents, including medevac and tour flights
• Crop dusting and other agricultural aviation accidents
• Skydiving and other aviation-adjacent recreational accidents
• Ground accidents involving airport equipment or ground crew
• Injuries during boarding, deplaning, or in-flight turbulence on commercial flights

Common Causes of Aviation Accidents

Most aviation accidents trace back to one or more of the following:

• Pilot error, including poor decision-making in bad weather
• Mechanical failure or a defective part
• Inadequate or improperly performed maintenance
• Air traffic control errors
• Inadequate pilot training or screening
• Overloading an aircraft beyond its rated capacity

How Do You Prove an Aviation Accident Claim in Texas?

These cases usually depend on figuring out exactly what failed and who's responsible for it. An aviation accidents attorney generally has to show:

• Someone involved, whether the pilot, the operator, or a manufacturer, had a duty to operate or maintain the aircraft safely
• That duty wasn't met
• The failure caused the crash and the resulting injuries
• The injuries led to losses that can be documented

One thing worth knowing upfront: the NTSB's own final report and its conclusions about what caused a crash generally can't be used as evidence in a civil case, by federal law. The factual data the investigation collects, like maintenance records, radar data, and witness statements, is often still usable, but the report's actual findings aren't something a lawyer can just hand to a jury.

What Is the General Aviation Revitalization Act?

This is a federal law that can matter a lot depending on how old the aircraft involved is. It shields manufacturers of small aircraft, generally those seating fewer than 20 passengers and not used in scheduled commercial service, from liability for a design or manufacturing defect once 18 years have passed since the aircraft or the specific part was first delivered.

For example, if a small plane built in the early 2000s crashes today because of an original manufacturing defect, the manufacturer may not be liable at all, simply because of how much time has passed, even if the defect genuinely caused the crash.

There are exceptions. If the manufacturer knowingly hid or misrepresented safety information from the FAA, if someone on the ground was hurt rather than someone aboard the aircraft, if a passenger was injured while receiving medical treatment onboard, or if the manufacturer offered a written warranty extending past 18 years, the shield may not apply.

Texas has its own 15-year cap on most product liability claims, which would normally be shorter than GARA's 18 years. But Texas law specifically defers to GARA for these cases, so the federal 18-year period is the one that actually controls for a general aviation aircraft claim, not the state's usual deadline. Given how much this can affect a case, it's worth having an airplane accident attorney check the age of the aircraft and the part involved early on.

When the FAA Itself Is at Fault

If air traffic control error contributed to a crash, the claim doesn't work like a normal lawsuit, because the controller is a federal employee. Under the Federal Tort Claims Act, you can't go straight to court. You first have to file an administrative claim directly with the FAA, generally within two years of the accident, and the agency then has six months to respond. Only after the FAA denies the claim, or lets six months pass without a decision, can a lawsuit actually be filed in federal court.

Skipping this step isn't a technicality that can be fixed later. It's a jurisdictional requirement, and a lawsuit filed without it can be thrown out regardless of how strong the underlying case is. If air traffic control is part of what happened in your case, this is one of the first things that needs to be handled correctly, not an afterthought.

What Compensation Can an Aviation Accident Claim Cover?

What can be recovered depends on the accident and who's responsible. Depending on the case, that may include:

• Medical care, including long-term treatment if needed
• Lost income and loss of future earning capacity
• Pain and suffering
• Funeral and burial expenses, in a wrongful death case
• Loss of companionship and support for surviving family members

This has to be supported by records and documentation, not an estimate.

What Should You Do After an Aviation Accident?

Get medical care first, even for injuries that don't seem severe. Aviation accidents can involve forces that cause injuries that aren't obvious right away.

After that, if you're able to:

• Preserve anything that documents the flight, like tickets, itineraries, or communications with the operator
• Get contact information for other passengers or witnesses
• Avoid speaking to an insurance adjuster or investigator representing the airline, charter company, or manufacturer before talking to a lawyer
• Don't sign anything releasing a claim or accepting a settlement without independent legal advice

How Ali Law Group Can Help

Aviation cases usually require digging into records controlled by more than one party. Ali Law Group can look into:

• Maintenance and inspection records for the aircraft
• The pilot's training, certification, and flight history
• The age of the aircraft and relevant parts, given how the General Aviation Revitalization Act works
• Air traffic control communications and radar data, and filing the required FTCA administrative claim on time if the FAA is involved
• Insurance coverage that may apply, which can involve more than one policy

Every case is different, and we'll know more once we've reviewed yours. Ali Law Group works with families across Texas from its San Antonio and Houston offices.