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Available Damages In Aviation Accidents

Posted by on Jun 29, 2016 in Car Accidents | 0 comments

Available Damages In Aviation Accidents

Airplanes are often regarded as one of the safest means of transportation. However, aviation accidents do happen from time to time and they are usually more devastating than other accidents. According to a report by the International Civil Aviation Organization (ICAO), there were 904 fatalities in 2014. This was the highest number in the last five years due largely to tragic accidents such as the Malaysian Airlines Flight MH 370 and Malaysia Airlines Flight MH 17.

According to the website of Williams Kherkher, cases involving airplane crashes are quite complex. It will require much time, energy, focus, and money. They can file a lawsuit against a wide range of parties ranging from the pilot, airport operator, air traffic controllers, and others. The available damages will depend on the facts of the case. Here are some of the damages that surviving family members of the deceased can recover in an aviation accident:

  1. Strict Liability

Pilot error is one of the main causes of aviation accidents. In these cases, liability of the pilot is usually determined by the existence of negligence. Did the pilot fail in acting reasonably in caring for the passengers? If the crash was due to a malfunctioning component, the liability falls on the manufacturer of the aircraft or component. In strict liability against the manufacturer, there is no need to proof that negligence of a person resulted to the accident.

  1. Comparative Liability

In aviation accidents, comparative liability awards damages according to the percentage of liability of each party. For instance, the judge can make the pilot 35% responsible and the manufacturer 65% liable for the accident.

  1. Common Carriers Liability

Commercial airlines belong to a legal classification called “common carriers” and can be held liable under the Common Carrier Liability laws. The Federal Aviation Administration (FAA) sets the rules and regulations involving commercial airlines. Common carrier liability is more stringent than general aviation laws.

  1. Willful Misconduct

Under the Warsaw Convention, willful misconduct may include the following:

  • Prior knowledge that an action would most likely result in injury or damage
  • Wanton disregard that an action could cause an accident
  • Intentional failure to discharge a duty related to safety

Filing An Aviation Accident Lawsuit

Under the Warsaw Convention, there are four possible places for filing a lawsuit:

  • The country where the plane ticket was bought
  • The country of the final destination point for the flight
  • Countries where the airplane is incorporated
  • The country where the carrier conducts business
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Avoiding Tire Failure: Keep Yourself and Your Passengers Always Safe

Posted by on Jun 16, 2015 in Car Accidents | 0 comments

Regardless of the type of vehicle you drive, its tires always play a critical part in your overall safety. Thus, to ensure tire safety at all times and avoid different kinds of tire failure, such as flat tire, blowout or tread separation, the US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), strongly emphasizes the importance of:

  • keeping the weight of your vehicle’s passengers and cargo within the your tire’s and vehicle’s load limits;
    making sure that you maintain proper tire pressure
  • Regularly inspecting your vehicle’s tires for any type of irregularities, like slashes, cuts, exposed metal wires and some mesh
  • Avoiding road hazards

The most common causes of tire failure are overloaded vehicles and underinflated tires; avoiding these things, however, and keeping your tires properly maintained can very well result to improved traction, stopping and steering, as well as a longer tire life.

NHTSA’s yearly records show more than 8,000 serious car accidents due to tire blowout and failures. According to the website of a Tennessee personal injury attorney at Pohl Berk, LLP, resulting injuries from these accidents are worse if the driver was driving at high speeds; risks of serious wrecks and vehicle rollovers are increased too.

Often, however, failure is a result not of old and worn out tires, underinflated tires, or improperly maintained ones, but of faulty manufacturing design, poor quality materials, or failure of the manufacturer to comply with government standards.

Faulty design in tires is usually a result of poor quality control, use of low-quality materials, such as very old dry rubber stock, improper curing and adhesion, foreign matter cured into tires (like water, wood, wires, bolts and screws, gloves, live shotgun shells, chicken bones, and other totally absurd materials that irresponsible tire plant workers can think of), stressed workers who work on twelve-hour shifts, and emphasis of some manufacturers on quantity (or production) over quality and safety.

People knowledgeable in tire safety advise drivers who get involved in accidents (due to tire failure) to photograph their vehicle’s tire immediately after the accident. The overall condition of a tire, especially exposed wires, after an accident can help tell what particular manufacturing failure was committed by tire plant workers, like adhesion defect if the wires get exposed and moisture contamination if the exposed wires are rusty.

Manufacturers will face full civil liability once their manufacturing negligence is proven, a liability that can translate to thousands or millions of dollars in compensation, depending on the severity of the injury suffered by the victim.

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The Fault with Automobile Accidents

Posted by on Jan 27, 2015 in Car Accidents | 0 comments

Accidents happen every single day – it is almost an arbitrary fact of life. It can be as harmless as tripping over your own feet or having a stray autumn leaf falling on your face, causing you to stumble – to something extremely and personally traumatizing. Unfortunately enough, a lot of these devastating ‘accidents’ are not accidents at all; rather, these are injuries and inconveniences that are born out of other people’s negligence.

Citing information located on the website of the San Antonio personal injury lawyers of the Chris Mayo Law Firm, supported evidence from the National Center for Health Statistics, there are at least 31 million people who are unjustly injured annually. Of course, as a natural responsibility, there is a need for those who are wrongfully injured to be compensated for how they’ve been hurt just as much as it is a duty for people to be mindful to not hurt anybody.

One such kind of accident born out of negligence are those rooting from automobiles as it has been hypothesized that everyone will experience at least one accident on the road at least once in their lives. The National Injury Law Center has even gone on record on their website that the presence of some of these automobiles on the roads is a necessary civil service, such as that of garbage trucks. However, these vehicles are not exempt from the possibility of human negligence that leads to potentially devastating results for the victim.

Accidents of this nature often warrant costly medical expenses or even result into lost wages as the victim might be either temporarily or permanently unable to go to work. The one responsible for the accident must then be held accountable to compensate the victim for whatever damage, injury, and trauma that came as a result of the unfortunate circumstance.

If you or someone you know is currently going through a similar tragic ordeal, it is advisable for you to seek professional, legal counsel immediately.

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