The Daily Business Review interviewed leading plaintiffs lawyers to comment on the recent crash between a helicopter and an American Airlines jet near Reagan National Airport. One of the attorneys asked to comment was our own David W. Bianchi, who has represented plaintiffs in aviation litigation before. He notes that airplane collisions can be more complicated and slower-moving than non-aviation accidents, but narrowing down defendants in a mid-air collision could be less complicated.
“Here you have a midair collision. So, at least initially, you know who the target defendants are,” David said. “It’s either the American Airlines, the federal government via the helicopter, or Air Traffic Control.”
Other attorneys, for instance, Steven C. Marks of Podhurst Orseck, said that litigation is critical for preventing accidents and improving air travel safety. He used the 1997 Boeing crash as an example; a court ruled that it was a rudder component, not simply pilot error, that caused it. The ruling led to industry-wide safety improvements.
What Caused the Washington D.C. Aircraft Collision?
It’s unclear yet what the cause was, and it may be a while before we know. David told DBR that the government takes on the work of investigating aircraft crashes, but the tradeoff is that the reports won’t be available for months, if not years. However, at least one of the plaintiff attorneys in the article believes it’s possible that the Traffic Collision Avoidance Systems weren’t functioning correctly.
For instance, the cause of a recent plane crash in Germany was revealed to be a seven-second delay in the collision avoidance tech.
So, how do we ensure that old crash-avoidance components get updated across the industry? Litigation is what forces aircraft manufacturers to “put skin in the game,” as Robert A. Clifford of Clifford Law. Without forcing companies to have a vested interest in how their products perform, there’s no way to ensure those products are safe for the public. Litigation is how we can compel aircraft manufacturers to have a stake in preventing accidents like these.
Read the whole article here.