LEGAL ASPECTS OF HAWAII AVIATION ACCIDENTS HANDLED PROFESSIONALLY
Our office has handled more than 50 aircraft disasters involving everything from large 747 airliners to small private airplanes to helicopters and everything in-between.
From common to complicated, including the blow-out of a 747 door over the ocean which claimed the lives of 9 people; a 737 that lost part of its roof killing and injuring crew and passengers; and a civilian helicopter blasted out of the sky when a defective missile shot from a fighter jet during a routine training session “locked onto a nearby helicopter instead of its intended target.
Hawaii’s location in the middle of the Pacific Ocean makes it a major airline hub flying millions of passengers between the U.S. mainland, Asia and the Pacific Rim. Hawaii’s stunning natural beauty makes it a favorite for helicopter and airplane flightseeing trips for visitors who want to see volcanoes and tropical scenery from the air.
Unfortunately, no matter how safe the aviation industry appears, accidents do occur, usually with catastrophic results.
Hawaii’s airspace is well-used by a full range of aircraft, including jet airliners, commuter planes, helicopters, small private planes and recreational airborne devices such as paragliders. Mechanical, pilot and air traffic control errors sometimes lead to aviation accidents.
FAA RESPONSE TO HAWAII HELICOPTER ACCIDENTS
The Federal Aviation Administration (FAA) requires Hawaii air tour operators to fly at least 1,500 feet above the surface unless they have authorization to fly lower.
However, due to a high number of crashes, the FAA established a new process in 2023 to allow Hawaii helicopter operators to receive authorization to safely descend below specific altitudes to avoid flying into bad weather.
Helicopter accidents are more prevalent in certain areas, specifically tourist destinations. Practically speaking, this makes sense. There is a much heavier concentration of helicopters in tourist and sightseeing locations. In addition, some of Hawaii’s most scenic areas have the most dangerous conditions for flying helicopters.
COMMON CAUSES OF HELICOPTER ACCIDENTS
When discussing the causes of helicopter crashes, there are infinite possibilities. However, we see some causes more commonly than others. Let’s look at some of the most common causes.
1. Pilot Error
The most common cause of a helicopter accident is pilot error. Such errors can result from improper training, loss of control of the aircraft, failure to recognize potential danger, flying while intoxicated, and flying while distracted or fatigued.
2. Deteriorating Weather Conditions
Hawaii’s scenic cliffs and mountains rising from the ocean, while breathtakingly beautiful, often result in unpredictable cloud formations as warm moist ocean winds blow up steep mountains to cooler air. Failure to monitor changing cloud conditions can result in a helicopter getting lost in a cloud with complete loss of visibility followed by a crash into mountainous terrain.
3. Manufacturer Defects
Helicopters are made up of hundreds of parts and components. If any one part has a manufacturing defect or is poorly designed, it can lead to malfunctions. The manufacturer can be held liable for such defects.
4. Poor Maintenance
Even when a company designs and manufactures a helicopter properly, if the components are poorly maintained, it can be disastrous. Failing to adequately maintain or repair necessary parts can lead to a crash. Whether an owner or operator fails to service, maintain, or repair the aircraft altogether—or attempts to keep costs down by hiring mechanics without proper training—each of these parties can be liable.
5. Objects and Obstructions
Helicopters rely on their rotors to spin unobstructed to fly. If the blades come into contact with outside objects such as telephone wires, trees, mountains, buildings, or animals (e.g., birds, bats), it can interfere with the blades and result in a crash.
6. Air Traffic Control Error or Negligence
Air traffic control is the brain of flight operations. It is responsible for ensuring the safety of aircraft and passengers by directing, coordinating and managing, aircraft operations from takeoff to landing.
If air traffic control fails to adequately monitor aircraft movements within its airspace, maintain proper separation of aircraft, inform pilots of necessary information, relay incorrect information, is not adequately trained, or otherwise makes a mistake, it can lead to trouble. You could include air traffic control as a defendant in any potential lawsuit if their negligence contributed to the crash.
7. Government Negligence
Hawaii is an important military hub for Asia-Pacific operations for all branches. There are operations and command centers, training areas and storage facilities that involve routine use of helicopters. Claims against the federal government can be pursued through the Federal Tort Claims Act which involves administrative and judicial proceedings.
State and county governments also utilize helicopters in connection with police, fire and rescue operations. An experienced helicopter crash attorney can advise you of your legal options when government helicopters are involved.
COMMON CAUSES OF AIRPLANE ACCIDENTS
Many of the causes of airplane accidents and helicopter accidents overlap. There are causes common to both airplane and helicopter crashes—such as pilot error, mechanical failure, weather conditions, air traffic control error, or a manufacturing defect. However, some circumstances are unique to airplanes, especially commercial airliners.
While helicopters usually carry few people, travel short distances, fly low altitudes and rarely stray far from land in Hawaii, airliners often fly hundreds of passengers several miles high in the sky, thousands of miles over the ocean with nowhere to land in case of trouble.
These factors require significant differences in the design, manufacture, and maintenance of airliners, pilot qualifications and training, air traffic control responsibilities and FAA oversight.
Our office has settled and tried cases in court involving major airlines. No matter the potential cause of the crash, our Honolulu airplane accident lawyer can help you evaluate your legal options, advise you on the next steps, and guide you through your recovery process.
WHO CAN BE HELD LIABLE IN AN AVIATION ACCIDENT?
Who can ultimately be held accountable for a helicopter or airplane accident will depend on the specific facts and circumstances of the case. Liability always centers around the cause of the crash. Typical individuals or entities that might be held liable include:
- The manufacturer;
- The carrier, particularly in commercial airlines;
- The owner of the aircraft;
- The government; or
- The operator of the plane.
Depending on the circumstances, more than one party might be liable. For instance, if an aircraft has a defective part and the pilot is aware of it but chooses to ignore it and fly anyway, then both the manufacturer and the pilot may be liable for damages.
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WHAT DAMAGES ARE RECOVERABLE?
Like motor vehicle accident claims, two types of damages are generally available to a successful plaintiff in an aviation claim. As a victim, you could recover compensatory and punitive damages.
Compensatory damages include economic and non-economic damages intended to compensate you for the actual and subjective losses incurred from the accident.
These damages include:
- Past and future medical expenses,
- Lost wages,
- Lost future ability to earn an income,
- Pain and suffering,
- Emotional turmoil,
- Loss of enjoyment of life, and
- Loss of consortium.
These damages compensate you for losses. Punitive damages are not compensatory. Instead, their purpose is to punish particularly bad behavior and deter wrongful actors from engaging in such egregious misconduct in the future.
How much or how little compensation you might be entitled to will depend on the severity of your injuries and their negative impact on your life. Our aviation accident attorneys can assess your case and provide you with a better understanding of the estimated damages you could expect.
HOW A HONOLULU AVIATION ACCIDENT LAWYER CAN HELP
Helicopter and aircraft accidents are often catastrophic with devastating consequences. Several parties, including large corporations and insurance companies, may be involved and liable for damages.
While there is no legal requirement to hire an attorney to handle your case, we strongly encourage consulting an aviation crash attorney to assist you. Investigating the cause of the crash, requesting and analyzing discovery, settlement negotiations, and litigation can be overwhelming and require a seasoned attorney’s knowledge, expertise, and resources.
REPRESENTING PASSENGERS, CREW MEMBERS AND OTHERS
When tragedy strikes in the air, survivors turn to the Honolulu law firm of Cronin, Fried, Sekiya, Kekina & Fairbanks for skilled and professional legal guidance.
Although no amount of money can compensate injury victims or surviving family members for what they have lost, a financial recovery can provide for the future and help prevent similar accidents.
Our lawyers have represented dozens of individuals – passengers, pilots and other crew members – who were injured in aviation accidents. Our knowledge of aviation accidents extends beyond the legal aspects to an understanding of the nature of aircraft such as helicopters.
Our lawyers talk the talk of airplanes and helicopters. We understand the terminology used by experts who assist us in the development of compelling injury claims.
HELICOPTER ACCIDENT CASES IN HAWAII
Helicopter tours are extremely popular in Hawaii. However, they can also be very dangerous. According to the National Transportation Safety Board (NTSB), there were 18 helicopter crashes in Hawaii between 2015 and 2019.
These accidents all resulted in serious injuries, such as traumatic brain injuries, spinal cord injuries, paralysis, broken bones and others. Unfortunately, these accidents also caused the death of numerous passengers and flight crew.
Our aviation accident lawyers have handled more than 50 helicopter accidents involving pilot error, defective manufacturing or design and inadequate maintenance. They have the experience and proven record of results in handling helicopter accident cases.
EXPERIENCED LAWYER, EXPERIENCED AVIATOR
Attorney Rick Fried has a special interest in aviation and flying. He had a 25-year Air Force career, flew in an F-4 Phantom jet fighter during the Vietnam era and served as the Hawaii liaison for the Air Force Academy until he retired as a lieutenant colonel in the Air Force Reserve in 2001.
Rick Fried was lead counsel in trials in a San Francisco federal court that resulted in successful recoveries for Hawaii passengers and crew in a 1989 airplane disaster.
A United Airlines flight 811 Boeing 747 sustained catastrophic depressurization when a cargo door blew off at high altitude on a flight from Honolulu International Airport to Auckland, New Zealand. The incident resulted in severe injuries and deaths to passengers and crew.
Rick Fried was also lead attorney for the Aloha Airlines flight 243 Boeing 737 jet that lost part of its roof on an interisland flight in 1988, resulting in passenger injuries and the death of a crew member.
CONTACT OUR AVIATION ATTORNEYS TODAY AND LEARN ABOUT YOUR OPTIONS
Because of our law firm’s reputation for astute handling of aviation accidents, we often receive cases as referrals from other law firms.
When it makes sense to do so, we readily act as co-counsel with these other attorneys to provide the best legal representation for injured clients or survivors when aviation accidents have resulted in death.
Contact our firm to discuss your legal options if you or a loved one was injured in a helicopter crash, a small plane accident or a major aviation accident. Call us locally in Honolulu at 808-524-1433 to schedule a free consultation. You may also send us an email.