Can the government be held responsible for an aviation accident?

Both common law and the Federal Tort Claims Act limit or restrict the liability of the government and, in many cases, make it more difficult for an individual to sue the state or federal government after an airplane crash. The limitations imposed on filing suit against the government of the United States are often referred to as "governmental immunity." However, governmental immunity does not necessarily bar a person from suing in the event of an aviation disaster.  

How much liability does the government bear for aviation accidents?   

In the majority of cases, an individual can’t simply file a lawsuit against the United States government, even in cases when a law or command from the government is responsible for the flight disaster that occurred. That being said, there may be certain instances where a specific agency of the government may have a civil action filed against them, holding them liable for a personal injury or the infringement of a person’s constitutional and civil rights.  

In relation to aviation accidents, there are a few situations that will allow you to hold any office of the federal government liable for your injuries. These situations may include the following:

• You may be able to hold the government liable in the instance of a midair collision between two aircrafts. In these instances the Federal Aviation Administration may be held responsible in a civil court, based on the fact that the FAA is the administration responsible for all flight paths across the United States, whether they are cargo or passenger flights. Any aircraft, prior to takeoff, must report coordinates to the FAA and have its flight plans approved. If the FAA approved a flight path that allowed for a collision, it is possible they could be held responsible.
• Lawsuits have also been filed due to failures in safety measures leading to aviation accidents. 

Any lawsuit against the government should be handled by an experienced aviation lawyer who can assist you in dealing with the myriad of restrictions, rules and complexities associated with suing a government body.