Blog: A Legal Guide to Aviation Accidents and Incidents
By: Alex R. Flaten
INTRODUCTION
Aviation accidents and incidents can be overwhelming, whether they involve a private pilot, an aircraft owner, a passenger, or an aviation business. In the aftermath, safety is the immediate priority–but understanding your legal responsibilities and rights is equally important. Taking the wrong steps early on can have lasting legal and financial consequences. Knowing what to do can help protect both your safety and your future.
ENSURE SAFETY AND SEEK MEDICAL ATTENTION
Immediately after an aviation accident or incident, the primary concern should always be safety. Anyone involved should seek medical attention as soon as possible, even if injuries appear minor. Some injuries may not be immediately apparent, and medical records can later serve as important documentation if legal or insurance issues arise.
SECURE THE SCENE AND PRESERVE EVIDENCE
Once everyone is safe, it is important to preserve the scene to the extent possible. Aircraft wreckage, maintenance logs, pilot records, and electronic flight data may all become critical pieces of evidence. Moving or altering evidence–unless necessary for safety–can complicate investigations and may negatively impact potential legal claims.
UNDERSTANDING REPORTING REQUIREMENTS
Certain aviation accidents and incidents must be reported to the Federal Aviation Administration (FAA) and, in more serious cases, the National Transportation Safety Board (NTSB). Reporting obligations depend on the type of aircraft, extent of damage, and weather injuries that occurred. Failing to report an event properly can result in regulatory consequences.
BE CAREFUL WITH STATEMENTS
In the immediate aftermath of an incident, it is common for individuals to be asked questions by authorities, insurers, or other involved parties. While cooperation is required, it is important to be mindful of what is said. Statements made without full context may be misunderstood or later used in regulatory or legal proceedings
KNOW THE ROLE OF FAA AND NTSB INVESTIGATIONS
FAA and NTSB investigations are conducted to improve aviation safety and determine compliance with regulations. Although these investigations are not intended to assign fault, their findings can influence enforcement actions, insurance claims, and civil litigation. Understanding the scope of these investigations is important.
HOW JENNRICH LAW CAN HELP?
Aviation incidents often involve multiple agencies, complex regulations, and potential liabilities, which can make the aftermath overwhelming for pilots, aircraft owners, and aviation businesses. Consulting legal counsel early in the process can be critical to protecting your rights, avoiding mistakes, and ensuring full compliance with all reporting requirements. Jennrich Law provides comprehensive support during this challenging time. We assist clients in understanding their legal obligations, preserving evidence, and navigating regulatory processes, all while protecting their interests and minimizing potential exposure. Our team works closely with each client to offer clear guidance, strategic advice, and practical solutions, allowing you to focus on recovery and moving forward. With our help, you can approach the legal aftermath of an aviation accident or incident with confidence, knowing that your rights and your business are fully protected.
