The case

Two helicopters were in the air in front of a Torrance, California airport control tower. The two helicopters crashed into each other and killed two people and injured a third. The victims’ families sued the FAA, along with the U.S. government and the Department of Transportation, alleging that the control tower was understaffed and that an air traffic controller provided one of the helicopter pilots (a student) with confusing instructions which caused the accident. The judge agreed and held the FAA responsible, although damages have not yet been determined.

Aviation law 101

While many of us have flown in an airplane or helicopter, few of us really know how aviation law works. Here are a few pointers:

Can you sue the government? Yes. The Federal Tort Claims Act allows you to sue the U.S. government for the negligence of an air traffic controller that led to an aviation disaster.

Which federal agencies get involved after an accident occurs? Several federal agencies get involved including:

• NTSB. The National Transportation Safety Board is an independent federal agency that investigates civil aviation accidents in the United States as well as issues safety recommendations, keeps records of accidents and conducts studies related to aviation and other forms of transportation.
• FAA. The Federal Aviation Administration is independent from the NTSB and is generally charged with regulating airline safety such as making rules regarding pilot training, proficiency and health standards.

How long do you have to file a lawsuit? In aviation litigation, the time period in which a lawsuit must be filed is limited. The applicable time period, known as a statute of repose, varies depending on the jurisdiction. An attorney will be able to tell you what time limits apply to your situation.

When should you contact an attorney? Legal experts say that consumers should contact an attorney as soon as possible as aviation law is complex – especially when dealing with federal agencies such as the NTSB and the FAA. They caution consumers not to sign any documents that may waive your rights to collect fair compensation for your injuries. If you’ve been injured due to an aviation accident, contact a qualified avaition attorney.