Aviation Accidents

You’re not alone—these are challenging and confusing situations that leave most people searching for honest answers. 

At Wisner Baum, we’ve spent nearly four decades guiding families and survivors through the toughest times, and we understand just how overwhelming it all can feel. 

That’s why we’ve answered the most common questions clients ask us after an aviation disaster. 

Why do plane crashes happen? How do crash investigations work? What are your legal rights? Do I need an aviation attorney? Whether you’re looking for peace of mind or considering your legal options, we’re here to make things as clear and accessible as possible.

Aviation accidents naturally raise serious concerns for travelers and their families, but it’s important to put the risks in perspective. Each year, the National Transportation Safety Board (NTSB) investigates more than 1,000 aviation accidents across the United States. The vast majority of these incidents involve general aviation—private planes, smaller charter flights, and recreational aircraft—rather than commercial airlines.

When it comes to large passenger airlines regulated under Part 121, fatal accidents are extremely rare. Prior to January 29, 2025, the U.S. had not experienced a fatal commercial passenger airline crash since Colgan Air Flight 3407 in 2009, setting a record streak for aviation safety. Unfortunately, that record ended with a tragic midair collision between American Airlines Flight 5342 and a military helicopter at Reagan National Airport, which resulted in 67 fatalities. Incidents like this are heartbreaking reminders, but they remain highly unusual events.

On a global scale, commercial aviation is considered one of the safest forms of travel. Each year, air travel sees roughly 14 to 20 fatal commercial airline crashes worldwide, resulting in approximately 200 to 400 passenger deaths. These numbers reflect a remarkable improvement in industry safety over the past several decades, due to advances in technology, rigorous regulatory oversight, and a cultural commitment to aviation safety.

Aviation accidents typically result from complex chains of events involving multiple contributing factors rather than single causes. While human factors play a significant role in general aviation accidents, commercial aviation presents a different risk profile where mechanical failures, design defects, and maintenance issues are often causes or contributing factors. Plane crashes often involve one or more of the following:

Aircraft and Component Defects: Manufacturing flaws, design defects, faulty software systems, and inadequate safety features can create dangerous conditions. High-profile cases involving commercial aircraft (e.g. Boeing door plug and MAX scandals) highlight how design and manufacturing decisions prioritizing cost savings over safety can lead to catastrophic outcomes.

Maintenance and Inspection Failures: Improper maintenance procedures, inadequate inspections, or use of defective parts can compromise aircraft safety. When airlines outsource maintenance to cut costs or maintenance providers skip critical steps, disasters can happen.

System Integration Issues: Modern aircraft rely on complex interconnected systems where failures can cascade across multiple components. When redundant safety systems fail due to common-mode failures or inadequate design, pilots may face uncontrollable situations.

Human Factors: Pilot error, air traffic control mistakes, and inadequate training contribute to accidents, though these factors are often exacerbated by poor aircraft design, confusing systems, or inadequate safety information provided by manufacturers.

Environmental Conditions: Adverse weather, including wind shear, icing, and turbulence, can challenge aircraft systems and pilot capabilities, particularly when combined with other risk factors.

Understanding these interconnected causes is crucial for determining liability and holding the appropriate parties accountable for causing or contributing to air disasters.

The term pilot error is used to describe mistakes or misjudgments made by the flight crew during the operation of an aircraft. These errors can range from poor decision-making, failure to follow established procedures, lapses in communication, and even incorrect responses under pressure. It could involve anything from simple distractions to critical errors in judgment during complex flight situations.

Across the aviation industry, pilot error remains the leading cause of accidents worldwide. Research estimates that it contributes to anywhere between 50% and over 70% of all aircraft crashes, depending on the type of aviation and specific circumstances. This high percentage reflects the complex and demanding nature of flying, where even highly trained pilots can face situations that challenge human limits.

Importantly, pilot error does not occur in isolation. Often, it is intertwined with other factors—such as mechanical issues, confusing cockpit technology, inadequate training, or external pressures—that can increase the likelihood of mistakes. Aviation safety experts emphasize that understanding pilot error involves looking at the broader context, including organizational culture, training standards, and aircraft design that either help prevent or inadvertently contribute to errors.

Recognizing the role pilot error plays is essential for investigating accidents thoroughly and implementing improved safety measures to reduce risks and protect passengers and crew alike. At Wisner Baum, we understand the complexity behind pilot error and work with experts to uncover all factors involved in aviation accidents to advocate effectively for victims and families.

Plane crashes rarely stem from a single, isolated failure. Most of the time, they happen due to multiple complex interactions within interconnected systems. When safety barriers break down simultaneously, seemingly minor issues can escalate into catastrophic events through what investigators call "cascading failures."

The process typically begins with latent conditions—hidden weaknesses that exist long before an accident occurs. These might include design vulnerabilities in aircraft systems, inadequate maintenance procedures, insufficient training protocols, or organizational pressures that compromise safety decisions. These conditions lie dormant until triggered by an active failure or unexpected event.

During an emergency, multiple systems must work in harmony: aircraft components, human decision-making, communication protocols, and safety procedures. When one system fails, it places additional stress on others. For example, a mechanical malfunction may overload pilots with complex procedures while simultaneously degrading the aircraft's ability to respond normally to their inputs. Environmental factors like severe weather can further compound these challenges.

Critical to understanding aviation accidents is recognizing that modern aircraft are designed with multiple backup systems and safety redundancies. When accidents occur despite these protections, it typically indicates that several independent safety barriers have been compromised simultaneously—a phenomenon investigators study extensively to prevent future occurrences.

The investigation process focuses not just on immediate trigger events, but on understanding how organizational, technical, and human factors combined to create conditions where an accident became possible.

While many plane crashes capture national media attention, it’s important to remember that most plane crashes are actually survivable. Commercial airlines have strict safety standards in place to avoid mass casualty events. Pilots undergo extensive training to prevent catastrophic events. However, when fatal crashes do happen, the aftermath can be devastating. 

Fatal plane crashes often involve high-speed impacts, fires, and structural failures leading to severe trauma and limited survivability. They most often occur during take off and landing. Factors such as explosions on impact, post-crash fires, and the inability to evacuate quickly contribute to high fatality rates.

Planes don’t typically explode mid-air or the moment they hit the ground. In fact, explosions are relatively rare in aviation accidents. What happens far more often is a post-crash fire, usually ignited when jet fuel spills from ruptured fuel tanks or damaged wings during impact.

While jet fuel doesn’t ignite on its own, the extreme heat, sparks, and friction generated during a crash create the perfect conditions for flames to erupt. Once a fire starts, it can quickly spread throughout the aircraft, producing toxic smoke and making evacuation extremely difficult.

Explosions can occur, but they are generally the result of unique circumstances, such as severe structural failure in flight, ignition of fuel vapors, or a spark setting off a large pool of spilled fuel almost instantly. In most deadly crashes, however, it is the intensity of post-crash fires—not dramatic explosions—that causes the greatest risk to survivors.

The National Transportation Safety Board (NTSB) is an independent federal agency in the United States charged with the critical responsibility of investigating civil aviation accidents, along with significant incidents in other transportation modes such as rail, highway, marine, pipeline, and commercial space. Established by Congress to ensure impartiality, the NTSB’s mission is to thoroughly examine the causes of transportation accidents and to make safety recommendations aimed at preventing future tragedies.

When a plane crash occurs, the NTSB plays a vital and multi-faceted role. Its expert investigators respond quickly to the accident scene to conduct meticulous on-site examinations. This includes gathering physical evidence, analyzing the wreckage, and documenting site conditions. The NTSB also retrieves and scrutinizes flight data recorders and cockpit voice recorders, which provide essential insights into the aircraft’s performance and crew communications leading up to the accident.

Beyond the physical investigation, the NTSB interviews witnesses, survivors, air traffic controllers, airline personnel, and others involved to piece together a comprehensive picture of the events. The agency’s investigative process goes far beyond identifying immediate causes; it seeks to understand underlying contributing factors such as mechanical failures, human errors, organizational issues, and systemic safety lapses.

At the conclusion of its investigation, the NTSB publishes a detailed report outlining probable causes and issues formal safety recommendations to the aviation industry, regulatory bodies, and other stakeholders. While the NTSB does not assign legal fault or enforce penalties, its findings carry significant influence in shaping policies, improving aircraft design, enhancing pilot training, and tightening maintenance standards aimed at safeguarding future flights.

No. Although the NTSB report is an important document that provides a comprehensive analysis of an aviation accident, these reports typically take 12 to 24 months or more to be completed due to the thoroughness of the investigation process. Waiting for the official report before seeking legal counsel can delay essential steps needed to protect your rights.

Early legal representation allows your attorney to launch a parallel investigation, which can preserve vital evidence that might otherwise be lost or overlooked as time passes. It also ensures that your rights are protected, especially when dealing with airlines, insurers, and other parties who may act quickly to limit their liability.

Yes. Victims and families affected by aviation accidents that occur outside the United States can often still pursue legal claims and compensation. Many international aviation claims are governed by treaties such as the Montreal Convention, which establishes a global framework for airline liability and passenger rights in the event of injury or death.

While the Montreal Convention sets certain limits on damages and governs jurisdictional rules, it does not prevent victims from seeking compensation—it provides a standardized process for doing so across borders. Navigating this complex legal landscape requires expert knowledge of international law, treaty provisions, and the particular laws of the country where the accident occurred.

An experienced aviation accident attorney with knowledge in international claims can help you navigate jurisdictional challenges, file claims in the appropriate courts, and communicate with foreign airlines, insurers, and government agencies. They ensure your rights are protected no matter where the crash happened and work diligently to secure the full compensation you deserve.

Victims of aviation accidents and their families may be entitled to recover a wide range of damages through a lawsuit, designed to address both tangible losses and intangible suffering caused by the crash. Common types of compensation include:

• Medical Expenses: Coverage for past, current, and future medical bills related to injuries sustained in the crash, including hospitalization, rehabilitation, and ongoing care.
• Lost Wages and Lost Earning Capacity: Compensation for income lost due to the victim’s inability to work during recovery or permanently reduced ability to earn a living.
• Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life resulting from the accident.
• Disability and Permanent Impairment: Financial recovery reflecting lasting limitations or disabilities caused by injuries.
• Wrongful Death Damages: When a crash results in death, families may seek damages for loss of companionship, emotional support, and financial contributions.
• Funeral and Burial Costs: Expenses associated with the deceased’s final arrangements.
• Punitive Damages: In rare cases where gross negligence or willful misconduct is proven—such as reckless corporate behavior—courts may award punitive damages intended to punish wrongdoers and deter future misconduct.

The total compensation amount depends heavily on the unique facts of each case, including the degree of liability, severity of injuries or loss, and the specific laws governing aviation claims. Aviation accident lawsuits often involve complex negotiations with airlines, manufacturers, and insurers, that’s why having an experienced aviation accident attorney is key.

At Wisner Baum, we carefully evaluate all aspects of your case to ensure you receive fair and full compensation for your physical, emotional, and financial hardships following an aviation disaster.

It’s common for airlines and their insurance companies to offer quick settlements after an aviation accident, but these early offers are often for far less than the true value of your claim. Insurers may use pressure tactics to encourage victims and families to accept a low settlement before the full scope of injuries, damages, and long-term consequences are fully understood.

Accepting an early settlement without consulting an experienced aviation accident lawyer can leave you vulnerable to receiving inadequate compensation—potentially costing you thousands or even millions of dollars in lost recovery. Airlines and insurers prioritize limiting their financial exposure, not meeting your full needs.

Wisner Baum strongly advises that you never accept any settlement offers on your own. We work to ensure you receive fair compensation that addresses all medical costs, lost income, pain and suffering, and future expenses related to the accident.

Proving negligence in an aviation accident case requires demonstrating that a responsible party failed to uphold their duty of care, directly leading to the crash and resulting damages. This can involve uncovering multiple types of evidence, depending on the circumstances, including:

• Improper Maintenance: Showing that airlines, maintenance contractors, or manufacturers neglected essential inspections, repairs, or used defective parts that compromised the aircraft’s safety.
• Pilot Errors: Evidence that inadequate training, fatigue, or violations of safety protocols by the flight crew contributed to the accident.
• Defective Aircraft Design: Demonstrating that design flaws, manufacturing defects, or faulty software systems rendered the aircraft unsafe.
• Corporate Cost-Cutting Policies: Revealing that airlines or manufacturers prioritized profits over safety by skimping on maintenance, training, or safety upgrades.

Our attorneys employ the legal discovery process to gather internal airline and manufacturer documents, maintenance logs, training records, and communications that can expose negligence or unsafe practices. We also rely on expert testimony from aviation specialists, engineers, accident reconstructionists, and human factors analysts to interpret technical evidence and establish the cause.

Absolutely. Aviation accidents often involve a complex web of factors, and liability can extend to multiple parties depending on the circumstances. Potentially responsible entities include:

• Airlines: For operational decisions, crew training, maintenance oversight, and safety policies.
• Aircraft Manufacturers: For design defects, manufacturing flaws, or faulty software that compromise aircraft safety.
• Maintenance Contractors: For improper or incomplete repairs and inspections.
• Airports and Air Traffic Control: For errors in managing airspace, communications, or air traffic sequencing.
• Suppliers and Component Manufacturers: For defective parts installed on the aircraft.
• Regulatory Agencies: In some cases, failures related to oversight or enforcement may come into play.

Because aviation accidents are highly technical and frequently involve multiple overlapping causes, identifying every party who may share liability requires thorough investigation and legal expertise. Experienced aviation attorneys carefully analyze evidence, coordinate with experts, and use discovery tools to uncover all potential sources of fault.

Holding all responsible parties accountable is essential not only to secure full compensation for victims but also to promote greater safety standards within the aviation industry. Given the complexity, victims benefit greatly from Wisner Baum’s legal guidance to navigate claims involving multiple defendants.

Yes. At Wisner Baum, our aviation accident lawyers understand that aviation cases are highly technical and require specialized knowledge to uncover the full truth. That’s why we collaborate closely with a network of trusted aviation experts, including forensic engineers, flight data analysts, human factors specialists, and aircraft design professionals.

These experts play an important role in thoroughly investigating every aspect of an accident, from analyzing mechanical failures and reconstructing crashes to interpreting flight data recorder information. Their insights allow us to grasp complex technical details that are essential for building a strong legal case.

By partnering with top industry specialists, we ensure our clients receive the most thorough and well-supported representation possible. This expertise helps us hold all negligent parties accountable and fight for the maximum compensation for victims and their families.

Class actions are extremely rare in aviation accident litigation due to the individualized nature of damages and circumstances. Most aviation lawsuits involving multiple victims are handled as mass tort litigation, often consolidated through multidistrict litigation (MDL) for pretrial proceedings. Individual claims are maintained for general aviation crashes involving few victims. 

However, in the aftermath of major aviation disasters involving many victims, coordinated litigation often takes the form of multi-district litigation (MDL). An MDL consolidates related individual lawsuits from multiple jurisdictions into a single federal court to streamline pretrial proceedings, discovery, and settlement negotiations while preserving each plaintiff’s individual claims.

Unlike a class action—where all members share the same outcome and are bound by the verdict or settlement—MDLs allow victims to maintain separate claims reflecting their unique circumstances while benefiting from coordinated legal strategies. In some rare cases, if facts and claims align closely, portions of aviation litigation could potentially move toward class certification, but this is uncommon given the complex and individualized nature of these cases.

At Wisner Baum, we have extensive experience handling a broad range of aviation litigation, from single-victim wrongful death claims to large-scale coordinated MDL proceedings for multi-victim disasters. Our attorneys carefully evaluate every case to determine the best approach, whether pursuing individual claims or joining coordinated actions, to maximize compensation and hold responsible parties accountable.

Aviation lawsuits are often among the most complex and technically demanding types of personal injury or wrongful death cases, so resolving them typically requires significant time and resources. On average, case resolution takes between 18 and 36 months or longer, depending on many factors unique to each claim.

Several key elements contribute to the timeline:

• Thorough Investigations: Aviation accidents require detailed fact-finding—including crash site examinations, analysis of flight data and maintenance records, expert assessments, and often international coordination—that inevitably take months to complete.
• Discovery Process: Both sides exchange extensive documentation, conduct depositions, and consult technical experts, which can extend the pretrial phase considerably.
• Technical Analysis: Interpreting complex aviation systems, flight data, human factors, and engineering reports takes time and specialized expertise.
• Settlement Negotiations: Many cases are resolved through negotiation or mediation, which can be prolonged depending on the parties’ willingness to settle and the complexity of damages.
• Trial Preparation and Trial: If a settlement cannot be reached, preparation for trial and the trial itself add further months, sometimes years, to the process.

Because every aviation case involves unique facts, circumstances, and legal issues, there is no fixed timeframe. Wisner Baum’s experienced aviation attorneys guide clients through this often lengthy process with transparency and dedicated advocacy, helping you understand what to expect and fighting to achieve timely and just compensation.

The Aviation Disaster Family Assistance Act (ADFAA) is a federal law enacted by the U.S. Congress in 1996 to ensure that families of victims involved in aviation accidents receive timely, compassionate, and coordinated support from airlines and government agencies. The law mandates clear responsibilities for the NTSB, domestic airlines, and designated non-profit organizations to provide essential services to survivors and families after an aviation disaster.

Under the ADFAA, the NTSB must designate a director of family support services to serve as the primary federal contact and liaison between the federal government, the airline, and affected families. The Act also requires the appointment of an experienced independent nonprofit organization to coordinate emotional care and support, including mental health counseling.

The ADFAA applies to aviation accidents occurring within U.S. airspace or waters where the NTSB is the lead investigative agency involving significant loss of life, including those with foreign air carriers under the related Foreign Air Carrier Family Support Act of 1997.

At Wisner Baum, our experienced aviation accident lawyers are dedicated to providing compassionate, knowledgeable, and aggressive representation from the very start. We understand the challenges these cases present, and we are committed to guiding you through every step with clarity and care.

With four decades of combined experience, our attorneys have a proven track record of success in securing maximum compensation for families and survivors affected by aviation disasters. We leverage deep legal experience alongside a network of aviation experts, engineers, and investigators to build strong cases that hold negligent parties accountable.

Choosing Wisner Baum means gaining a trusted legal partner who prioritizes your rights, fights to protect your interests, and relentlessly pursues justice on your behalf. We offer a free, confidential consultation so you can get the answers you need and begin taking action without delay.

If you or a loved one has been affected by an aviation accident, don’t wait. Contact Wisner Baum’s experienced aviation accident lawyers today for a free consultation. We are ready to fight for your rights and secure the compensation you deserve.