An airplane crash can upend your life, often causing severe injuries that require extensive medical treatment. While large commercial airline crashes make headlines, they are rare compared to small, private plane accidents. If you or a loved one was injured or killed in an aircraft accident, you may be facing serious injuries, mounting bills, and uncertainty about your legal rights. A Michigan plane crash lawyer from our personal injury law firm can provide legal counsel to guide you through the legal process of civil litigation.
In this Article
Aviation in Michigan: More Than Just Detroit
Michigan’s skies are busy, with a mixture of commercial, cargo, and private air traffic. Detroit Metropolitan Wayne County Airport (DTW) is the state’s largest and busiest hub, and it is the 20th largest U.S. airport in passengers. Other key airports like Gerald R. Ford International Airport (GRR) in Grand Rapids and Bishop International Airport (FNT) in Flint also manage significant passenger volume.
However, a large portion of the state’s air traffic involves general aviation. Numerous smaller airfields, such as Oakland County International Airport and Coleman A. Young Municipal Airport in Detroit, support private pilots, flight schools, and charter services.
Aviation Accidents in Michigan
While major aviation disasters are statistically rare, data from the National Transportation Safety Board (NTSB) consistently shows that “general aviation” flights account for a significant majority of all civil aviation accidents. These are private, non-commercial flights operated by pilots under Federal Aviation Regulation (FAR) Part 91, often for recreational purposes or to transport friends and family. They have different laws from commercial flights.
In 2023, Michigan recorded 21 aviation accidents, resulting in 3 fatalities; 19 of those accidents occurred under Part 91 general aviation, which accounted for all 3 fatalities.
What Are the Main Causes of Plane Crashes?
The NTSB is responsible for investigating every civil aviation accident in the U.S. to determine the probable cause. They often conclude that a crash is not caused by a single event but by a chain of various factors.
Common causes include:
Pilot Error
Human factors remain a leading cause of many general aviation accidents. It can include poor decision-making, failure to follow procedures, inadequate training, or loss of control during flight.
Mechanical Failure
An aircraft is a complex machine with thousands of parts. A crash can result from a defective component, a design flaw, or inadequate maintenance and inspections. When this happens, a manufacturer may be held responsible under product liability principles.
Adverse Weather
Conditions like icing, heavy fog, or severe thunderstorms can exceed a pilot’s or an aircraft’s capabilities, sometimes leading to a tragic outcome.
Air Traffic Control Errors
Mistakes made by air traffic controllers (ATC), such as providing incorrect instructions or failing to maintain safe separation between aircraft, can lead to runway incidents or mid-air collisions.
Operational and Maintenance Lapses
Failure by an airline, charter company, or maintenance facility to follow mandatory Federal Aviation Administration (FAA) safety regulations can create a dangerous situation.
Onboard Incidents
Injuries on commercial airlines can also happen from slips and falls, falling luggage, passenger-on-passenger altercations, or medical events that occur during flight.
Who Can Be Held Liable for an Aviation Accident?
Determining the parties responsible for the devastating consequences of large and small plane crashes requires a detailed investigation into the circumstances of the crash. An experienced aviation accident attorney can examine all available evidence in an aviation accident case, including flight data recorders, maintenance logs, and ATC communications. Contact us for legal guidance.
Depending on the type of airplane accident, helicopter accident, or similar incident, different private and government entities may be held responsible for injuries sustained. Potentially liable parties include:
Part 121 carriers: these are the major commercial airlines that operate scheduled flights.
Part 135 operators: these include aircraft owners of on-demand charter services, air taxi companies, and hot air balloons providing sightseeing tours.
Part 91 operators: this category covers most general aviation, including private pilots flying for personal or recreational reasons.
What Compensation Is Available to Victims?
If you were injured or lost a family member in an aviation incident, you may be able to recover fair compensation for your physical and emotional harm (or emotional trauma). We fight to secure a settlement that addresses both your immediate and long-term needs.
Damages can include:
Economic damages: this covers tangible financial losses like medical bills and medical expenses (for future care of physical injuries and permanent disabilities), lost wages, and funeral expenses.
Non-economic damages: this compensates for intangible harm, such as pain and suffering, psychological trauma, emotional distress, and loss of enjoyment of life.
In cases where a crash results in a fatality due to the defendant’s actions, certain surviving family members can file a wrongful death claim for financial support.
Michigan Laws That Impact Your Claim
Two key Michigan laws can significantly impact your claim: the rule of comparative fault and the statute of limitations.
Comparative Fault in Michigan
Michigan follows a modified comparative fault rule (MCL 600.2959). This means you can still recover damages even if you were partially responsible for your injuries. However, if you are found to be more than 50% at fault, you are barred from recovering non-economic damages. Your economic damages would be reduced by your percentage of fault.
Statute of Limitations
In Michigan, the statute of limitations for most personal injury claims is three years from the date of the incident (MCL 600.5805). For a wrongful death action, the claim must also generally be brought within this same time frame, though specific timelines can vary. Missing these deadlines can mean losing your right to seek compensation forever.
How a Michigan Aviation Accident Lawyer Can Help
After a traumatic event like a plane crash, dealing with insurance companies and legal paperwork is the last thing you should have to worry about. Let us handle it. Our team, well-versed in aviation law, will manage every detail of your helicopter or airplane accident case, from conducting a thorough investigation to gathering evidence (pilot logs, maintenance records, or flight data) to identifying responsible parties to negotiating with insurance companies. We are here to answer your questions and provide the support you need.
Our law firm works on a contingency fee basis; you pay us nothing unless we win your case. There are no retainers or hourly fees.
Schedule a Free Consultation Today
Aviation accident victims and their families with financial burdens in Michigan can contact the experienced attorneys at our law firm for legal representation. We are ready to listen to your story and explain how we can help you pursue the justice and the maximum compensation you deserve for the catastrophic consequences of a challenging case.
Our Michigan aviation accident and plane crash lawyers can help you navigate the complexities of an aviation claim and fight for the fair compensation you deserve.
$7.5 Million
Recovery for a construction worker injured when a support wall fell and struck him. (Highest award on record for a construction injury in DuPage County at the time).
$3.2 Million
Recovery for a construction worker injured when he fell in an uncovered foundation trench, ranking as the highest award on record for a construction injury in McHenry County at the time.
$3 Million
Recovery for the family of a man struck by a garbage truck that was making an illegal turn.
$2.2 Million
Recovery for a salesman injured in an automobile collision.
$2 Million
Recovery for a man struck by a speeding vehicle as he waited for the CTA bus.
$1.5 Million
Recovery for a truck driver that was struck by another car on the expressway while his vehicle was disabled.
$1.4 Million
Recovery for a computer programmer that slipped and fell in the washroom at work.
Recovery for a pedestrian struck by a vehicle in a parking lot. At the time, this was the second-highest recovery on record in DuPage County for a similar injury.
$800,000
Recovered for a disputed wrongful death claim against a trucking company. The company denied they were involved in the collision.
$660,000
Recovery for a truck driver that was injured while unloading his trailer.
$550,000
Recovery for a person who slipped and fell in a grocery store.
$550,000
Recovery for a woman who injured her neck in a motor vehicle collision.
$500,000
Recovery for a pedestrian that was struck by a vehicle while standing on the sidewalk.
$460,000
Recovery for a truck driver that tripped and fell in the parking lot while making a delivery.
$450,000
Recovery for a dental assistant who slipped and fell at work on an unnatural accumulation of ice.
$425,000
Recovery for a union worker struck by a speeding vehicle.
$425,000
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$415,000
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$400,000
Recovery for a lab technician injured while transporting equipment.
$370,000
Recovery for a construction worker injured on faulty equipment at a construction site.
$315,000
Recovery for a motorist struck by a falling utility pole.
$310,000
Recovery for a person injured in a motor vehicle collision.
$300,000
Recovery for a bicyclist struck by a vehicle.
$250,000
Recovery for a young woman struck by another vehicle.
$250,000
Recovered for a woman who sustained a partial finger amputation and other injuries in a rollover car accident. (Policy Limits)
$250,000
Recovered for a man injured in a motor vehicle collision.
$250,000
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$250,000
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$240,000
Recovery for the injured party struck by another vehicle.
$235,000
Recovery for a person injured in a motor vehicle collision.
$235,000
Recovery for an inventory clerk injured when shelving toppled onto her.
$219,000
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$200,000
Recovered for an airline employee struck on the runway at O’Hare International Airport.
$190,000
Recovery for a person injured in a motor vehicle collision.
$175,000
Recovered for a child injured by fireworks at a fourth of July celebration.
$170,000
Recovered for a person injured when she slipped and fell exiting a major retail store.
$150,000
Recovered for a woman who fractured her leg when she was struck by a vehicle.
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