After an aviation disaster, are there limitations on contact between an airline's representatives and victims' families?

Written by FreeAdvice Staff

There are specific limits on when and how attorneys are expected to communicate with surviving kin and family after a crash. The Aviation Disaster Family Assistance Act of 1996 outlines expectations on how an airline and its representatives (including attorneys) can approach families of crash victims. The law also tries to put limits on unsolicited communications from attorneys or their representatives, insurance companies or any air carrier litigation representative (the airline's attorneys). These limits typically extend for 30 days following a major aviation accident or longer.

Aviation Disaster Notifications

Complications can sometimes occur due to these laws' existence: airlines tend to be the primary way family members receive information about survivors, so cutting off all contact or limiting it too severely would be counterproductive. In effect, most laws and rules since 1996 have not changed the way most communication protocols operate after a crash. However, the law did attempt to do two things: improve communications (“making the airline more collaborative with families”) as well as limit unwelcome communications. The Act also recognized on a federal level, the importance of grief counseling services for all those affected by aviation tragedies, and the need to prevent predatory behaviors toward those who are affected. The thirty day “moratorium” on unsolicited communication is a product of this concern.

How Aviation Disaster Information is Coordinated

Immediately after the crash, the National Transportation Safety Board (NTSB) is the federal agency that coordinates responses. The 1996 Act which empowered the NTSB in this area was also followed up by a series of other agreements between multiple federal and state agencies. Further, the services of the Joint Family Support and Operations Center (JFSOC), part of the NTSB, are available to victims' families for any questions or complaints they may have about notification standards. It can be reached by contacting the NTSB.

Before any accident occurs, airlines are now also required to have filed an action plan for how they intend to handle notifications of family members, and subsequent announcements. After any accident, the airline involved must assess its performance and make changes specifically to improve the process of keeping family members properly informed.

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