Aviation Crash Litigation Back in the News After Recent Number of Airplane Wrecks

Delta flight to Toronto that crashed and flipped upside down in February 2025

This year began with several frightening collisions and aviation incidents that caught the attention of the public. On January 29, 2025, a midair collision over the Potomac River in Washington, DC  took the lives of 67 passengers and crew when a military helicopter collided with a commercial airliner. This was soon followed by the loss of 10 lives in a charter flight in Alaska on February 6, 2025, and the stunning crash and overturning of a commercial flight in Toronto on February 17, 2025.

When terrifying and terrible aviation incidents occur, survivors or families of those lost often face emotional and financial burdens as they struggle to put their lives back together. Understanding your legal rights is crucial in ensuring recovery for broken families and ensuring that those responsible are held accountable. Below is a guide on how to navigate the complex world of aviation litigation.

What Constitutes Negligence in Aviation Cases?

Negligence in aviation law refers to the failure of an airline, its personnel, or an airplane manufacturer to follow the standard of care expected of reasonable aviation professionals, leading to accidents or injuries. This can encompass a range of issues, including:

• Pilot Error: Mistakes made by pilots during flight or, more likely, during takeoff and landing.
• Maintenance Failures: Poor maintenance practices that lead to mechanical failures causing the crash.
• Poor Safety Protocols: Insufficient safety measures, preflight checks, or air traffic control by ground crews and others that compromise passenger safety.
• Manufacturing Defects: A flaw in the design or construction of an aircraft that contributed to a crash

Notable cases in aviation history

Notable aviation lawsuits against airlines include the 2009 Continental Airlines crash in Buffalo, NY, that killed 49 people and lead to 40 lawsuits filed against Continental in federal court. In November 2001, an American Airlines flight in Queens, NY, crashed after takeoff when the pilot overcorrected for wind shear, resulting in the vertical stabilizer (tail) of the aircraft snapping off the plane. The crash caused the deaths of 260 people in the plane and 5 people on the ground and led to numerous lawsuits against American Airlines and Airbus, the manufacturer of the plane.

In addition to claims against airlines and airplane manufacturers, injured passengers or family members may also bring claims against third parties other than the airline or airplane manufacturer who contributed to the crash. This includes claims against air traffic controllers who fail to guide pilots correctly, which is the subject of a pending lawsuit against the FAA for the tragic midair collision in Washington, DC in January. Similarly, a 1997 plane crash in Florida caused by oxygen containers catching fire in the cargo hold resulted in a class action lawsuit against SabreTech, the manufacturer of the oxygen components.

Sadly, Kentuckians are all too familiar with aviation incidents and litigation. On August 27, 2006, 49 lives were lost when a Comair flight out of Lexington took off from the wrong runway. Families of 45 of the 47 passengers filed lawsuits, while the other two passengers’ families settled out-of-court before filing a suit. Several families also brought a lawsuit against the FAA and the Lexington Airport Authority. The suit against the Airport Authority was ultimately dismissed under the doctrine of sovereign immunity, an ancient legal concept that prevents injured people from bringing claims against state-affiliated entities. 

What to expect if you bring an aviation claim

As with most injury lawsuits, survivors or the families of those killed in plane crashes can claim compensatory damages for medical costs, funeral expenses, lost wages, and for physical and emotional pain and suffering. This can also include a widow or orphaned child’s pain and suffering for losing a loved one, called a “loss of consortium” claim. Some jurisdictions cap pain and suffering damages, but Kentucky does not. Additionally, if the conduct was “reckless,” a claimant may be able to recover punitive damages, which are meant to punish dangerous actors and discourage others from acting in a similar reckless manner in the future.

Sometimes, airlines will try to quickly resolve cases for a smaller amount before facing numerous lawsuits. This is especially true for airplane crashes that do not result in deaths or catastrophic injuries which the airline knows will likely be of a higher value and will be litigated. A prime example of this is Delta Airlines’ recent offer of $30,000 to every passenger on the February 2025 flight that crashed in Toronto, a crash that resulted in no deaths or serious long-term injuries.

Unlike a lot of other personal injury cases, aviation lawsuits often take a lot of time and are extraordinarily complex. Airplane crash claims often get “consolidated” into one action. It is like a class action because a lot of the court’s rulings apply to everyone. But unlike class actions, each claimant in a consolidated action has a separate and unique damage claim for the specific damage done to them and not everyone will recover the same amount. Most of these cases do settle over time before a jury trial, but plaintiffs in an aviation lawsuit should be prepared for a lengthy and complex process.

Conclusion

Survivors of plane crashes or families of those killed in a plane crash face many challenges, but pursuing a legal action can provide financial support and hold negligent and reckless companies accountable. If you or a loved one has been affected by a plane crash, or in a truck wreck or other catastrophic accident, please contact us at the Poppe Law Firm either online or by phone at 502-895-3400.