A Kansas City plane crash lawyer at Presley and Presley Trial Lawyers represents aviation accident victims and families throughout Missouri and Kansas, handling complex cases involving commercial airlines, charter flights, helicopters, and general aviation aircraft while coordinating with federal investigations.
Aviation law is complex. Our team handles catastrophic injury and wrongful death cases throughout the Kansas City metro area, including incidents at Kansas City International Airport (MCI), Charles B. Wheeler Downtown Airport (MKC), and surrounding airfields. We help families through these difficult times by taking on the legal burden.
If you or a loved one has been injured in an aviation accident, contact Presley and Presley Trial Lawyers at (816) 931-4611 for a free consultation to discuss your case and legal options.
Overview of Kansas City Plan Crash Claims
- Aviation accident cases involve complex federal regulations, multiple potentially liable parties, and complicated investigation procedures requiring prompt legal action to preserve evidence
- NTSB and FAA investigations proceed independently from civil litigation, but their findings may impact liability determinations and settlement negotiations
- Multiple parties may bear responsibility for aviation accidents, including pilots, maintenance providers, aircraft manufacturers, air traffic control, and airport operators
- Evidence preservation happens quickly in aviation cases, making immediate legal consultation crucial for protecting flight data recorders, maintenance records, and witness statements
- Wrongful death and catastrophic injury damages in aviation cases can reach substantial amounts due to the severity of impacts and multiple liability sources
Who Can Be Held Liable After a Kansas City Aviation Accident?
Aviation accidents typically involve multiple parties whose negligence may contribute to crashes and injuries. Determining liability requires an in-depth investigation of potential causes and responsible parties throughout the aviation system.
Commercial airlines face liability for pilot training failures, inadequate maintenance procedures, and operational decisions that contribute to accidents. Charter flight operators under Part 135 regulations must maintain higher safety standards than general aviation and may face liability for crew training, aircraft maintenance, and flight planning deficiencies.
Aircraft manufacturers may face product liability claims when design defects, manufacturing errors, or inadequate maintenance instructions contribute to accidents. Component manufacturers including engine, avionics, and control system suppliers face similar liability for defective products that cause aviation accidents.
Possible Aviation Liability Scenarios
Aviation accidents result from various factors, including negligence by different parties within the aviation system. Each scenario requires specific investigation approaches and legal strategies.
Liability in Kansas City area aviation accidents may involve:
- Pilot error, such as inadequate training, poor decision-making, failure to follow procedures, or impairment affecting flight safety
- Maintenance negligence from inadequate inspections, improper repairs, or failure to address known mechanical problems
- Air traffic control errors, including inadequate separation, improper clearances, or communication failures, that contribute to accidents
- Airport operator liability for runway conditions, inadequate lighting, or failure to maintain safe operating environments
- Aircraft or component defects involving design flaws, manufacturing errors, or inadequate safety warnings from manufacturers
Federal regulations create specific duties for each party in the aviation system. Violations of Federal Aviation Regulations (FARs) may establish negligence per se in civil litigation, though regulatory compliance doesn't automatically prevent liability claims.
Why Choose Presley and Presley Trial Lawyers for Your Aviation Accident Case
Presley and Presley Trial Lawyers focuses on catastrophic injury and wrongful death cases, including aviation accidents, that require substantial investigation and litigation resources throughout Missouri and Kansas. Our selective case acceptance allows concentrated attention on complex aviation claims.
We handle challenging aviation accident cases involving multiple liable parties, federal investigations, and international law considerations. Our boutique practice model provides personalized attention while maintaining the resources necessary for comprehensive case preparation.
Our aviation accident representation includes several critical services:
- Immediate evidence preservation through spoliation notices and coordination with federal investigators
- Technical investigation involving aviation professionals, accident reconstruction specialists, and aircraft system analysts, when necessary
- Coordination with medical professionals to document injury severity and long-term care requirements for catastrophic injuries
- Strategic litigation against multiple defendants like airlines, manufacturers, and maintenance providers
- Trial advocacy when settlement negotiations fail to provide adequate compensation for devastating losses
The firm's experience with Missouri and Kansas personal injury law proves valuable for aviation accident cases that may involve complex jurisdictional questions. We handle cases throughout the Kansas City metro area with familiarity regarding local and federal court procedures.
Contact us to schedule a free consultation. We can discuss your or your loved one’s case and the path forward.
Types of Aviation Accidents We Handle
Kansas City area aviation accidents can involve various aircraft types and operational circumstances. Each presents different legal challenges, requiring familiarity with both applicable regulations and industry standards.
Commercial and Charter Flight Accidents
Commercial airline accidents involving major carriers fall under Part 121 regulations, which have strict operational requirements. These cases often involve substantial damages due to multiple passengers and crew members affected by a single incident.
Charter flight operations under Part 135 regulations face different safety requirements than airlines, but higher standards than general aviation. Charter accident cases may involve air taxi services, corporate flights, or specialized operations like air ambulance services.
International flights may be subject to the Montreal Convention, which governs liability for passenger injuries and deaths on international commercial flights. This treaty affects damage calculations and procedural requirements for claims involving international carriers.
General Aviation and Small Aircraft Accidents
General aviation accidents involving privately owned aircraft or flight training operations represent a significant portion of aviation accidents in the Kansas City area. These cases often involve Part 91 operations with fewer regulatory requirements but similar liability principles.
Small aircraft accidents may result from pilot training deficiencies, inadequate aircraft maintenance, or mechanical failures. The General Aviation Revitalization Act (GARA) provides some protections for aircraft manufacturers regarding older aircraft, but exceptions exist for design defects and inadequate maintenance instructions.
Flight training accidents involve additional liability considerations including flight instructor duties, aircraft owner responsibilities, and flight school operational standards.
Helicopter and Medical Helicopter Accidents
Helicopter accidents present unique challenges due to complex mechanical systems and demanding operational environments. Medical helicopter operations face additional regulatory requirements and higher liability exposure due to the nature of emergency medical services.
Air ambulance accidents may involve multiple parties, including helicopter operators, medical service providers, and maintenance organizations.
How NTSB and FAA Investigations Affect Your Civil Case
The National Transportation Safety Board (NTSB) investigates aviation accidents to determine probable causes and issue safety recommendations. The Federal Aviation Administration (FAA) conducts separate investigations focused on regulatory compliance and potential enforcement actions. These federal investigations proceed independently from civil litigation but may significantly impact liability determinations.
NTSB investigations typically take months or years to complete, while civil cases may proceed on different timelines. The NTSB's probable cause findings may influence settlement negotiations and trial strategy, though they are not automatically admissible in civil court proceedings.
FAA investigations focus on whether aviation regulations were violated and may result in certificate actions against pilots, mechanics, or operators. FAA enforcement findings can provide evidence of regulatory violations that support negligence per se claims in civil litigation.
Federal investigators have priority access to wreckage, flight data recorders, and other evidence during active investigations. Civil attorneys must coordinate with federal authorities while preserving their clients' rights to independent investigation and evidence access.
Damages in Kansas City Aviation Accident Cases
Aviation accidents may result in catastrophic injuries or death due to the severe nature of aircraft impact. Missouri and Kansas damage laws provide different calculations and limitations that affect potential compensation.
Personal Injury Damages
Aviation accident survivors frequently suffer severe injuries requiring extensive medical treatment and long-term care. Economic damages cover all measurable financial losses, including medical expenses, rehabilitation costs, lost wages, and reduced earning capacity when injuries prevent return to previous employment.
Non-economic damages address the pain and suffering, emotional distress, and loss of enjoyment of life that aviation accident injuries cause. These damages recognize that catastrophic injuries create impacts extending far beyond medical bills and lost income.
Wrongful Death Damages
Economic damages in aviation wrongful death cases include lost income, benefits, and financial support that deceased victims would have provided to surviving family members.
Non-economic damages address loss of companionship, guidance, and emotional support that surviving family members experience after losing loved ones in aviation accidents. These damages recognize the profound impact that sudden, traumatic deaths have on families.
How Much Is a Kansas City Plane Crash Case Worth?
The value of a case will depend on whether Missouri or Kansas law applies, the liable party or parties involved, available insurance coverage and assets, and the extent of the harm.
Some other factors affecting damages in aviation cases include the injured person's or the deceased's:
- Age, health, and life expectancy
- Income level and career advancement potential with projected lifetime earnings
- Family structure, including spouses, children, and dependent relationships
Aircraft Product Liability Claims
Defective aircraft and components can cause plane crashes when design flaws, manufacturing errors, or inadequate maintenance instructions contribute to mechanical failures. Product liability claims against manufacturers provide compensation beyond operational negligence claims.
Aircraft systems, including engines, flight controls, landing gear, and avionics, must meet strict certification standards. Manufacturers may face strict liability claims when these systems fail due to design defects or manufacturing errors. That is, the injured party would not need to prove that the manufacturer acted negligently, just that the defective part caused the crash.
Maintenance instruction defects represent another source of manufacturer liability when inadequate documentation leads to improper maintenance procedures that contribute to accidents. Aircraft manufacturers have continuing duties to provide accurate maintenance information and safety directives.
Federal vs State Law in Kansas City Aviation Accidents
Aviation accidents involve both federal regulations and state law, creating a complex legal framework that affects liability, procedures, and damage calculations. Federal law governs aviation safety standards, while state law controls civil liability and damages.
Federal Aviation Law Applications
Federal Aviation Regulations (FARs) establish safety standards for aircraft operation, maintenance, and personnel certification. Violations of these regulations may establish negligence per se in state court civil litigation, though compliance doesn't automatically prevent liability.
The Federal Aviation Act preempts some state law claims, particularly those involving airspace regulation and aircraft certification. However, state tort law generally applies to aviation accident liability claims, allowing families to pursue compensation under familiar personal injury and wrongful death statutes.
Federal agencies, including the FAA and NTSB, have exclusive jurisdiction over certain aspects of aviation safety. The FAA regulates aircraft certification, pilot licensing, and operational standards, while the NTSB investigates accidents and issues safety recommendations without determining civil liability.
State Law Damage Recovery
State law governs most damage recovery in aviation accident cases, including wrongful death statutes, pain and suffering calculations, and comparative negligence rules. Missouri and Kansas apply their respective tort law principles to aviation cases filed in state courts.
Federal courts may hear aviation cases under diversity jurisdiction when parties are from different states and damage amounts exceed federal thresholds. However, federal courts apply state substantive law to damage calculations and liability determinations in diversity cases.
The interaction between federal safety regulations and state liability law creates opportunities for comprehensive legal strategies addressing both regulatory violations and traditional negligence claims. Aviation attorneys must understand both federal aviation law and applicable state tort principles.
What to Do Immediately After an Aviation Accident
Immediate actions following aviation accidents significantly impact evidence preservation and case outcomes. Federal authorities quickly control accident scenes, making prompt legal action essential for protecting victims' rights.
Contact experienced aviation accident attorneys promptly to begin evidence preservation efforts. Critical evidence, including flight data, maintenance records, and witness statements, may disappear quickly without immediate legal intervention.
Essential steps after aviation accidents include:
- Preserving all physical evidence, including damaged personal items, flight tickets, and photographic documentation
- Obtaining contact information for all witnesses, including passengers, crew members, and ground personnel
- Seeking medical care, following all medical treatment recommendations, and maintaining detailed records of injuries and treatment
- Avoiding statements to insurance representatives or federal investigators without legal counsel present
Be sure to document all accident-related expenses, like medical costs, travel expenses, and lost income, to support damage calculations during settlement negotiations or trial proceedings.
FAQ for Kansas City Plane Crash Lawyer
Does the Montreal Convention Apply to My Airline Injury Claim?
The Montreal Convention applies to international flights involving airlines from treaty countries, affecting damage calculations and procedural requirements. Domestic flights within the United States are not subject to Montreal Convention limitations but may involve other federal regulations.
How Long Do I Have to File an Aviation Accident Lawsuit in Missouri vs Kansas?
Missouri provides five years for personal injury claims and three years for wrongful death, while Kansas allows two years for both. These deadlines are strictly enforced, making prompt legal consultation essential for protecting claim rights.
How Much Does a Kansas City Airplane Crash Lawyer Cost?
Presley and Presley Trial Lawyers handles aviation accident cases on a contingency fee basis, meaning you pay attorney fees only if we recover compensation for your case. This arrangement allows accident victims and families to pursue complex claims without upfront legal costs.
Where Should I File My Lawsuit if the Flight Was Out-of-State?
Venue selection depends on where the accident occurred, where the parties are located, and applicable federal regulations. Strategic venue choice may affect procedural advantages, damage calculations, and trial logistics for complex aviation cases.
How Do Turbulence Injury Claims Work on Commercial Flights?
Turbulence injury claims may involve airline liability for inadequate warnings, failure to illuminate seatbelt signs, or negligent weather monitoring. These cases require proof that airlines failed to meet reasonable care standards during turbulent conditions.
Injured in a Plane Crash? Contact Our Kansas City Lawyers
Aviation accidents create devastating consequences requiring immediate medical attention and experienced legal guidance.
Presley and Presley Trial Lawyers provides thorough aviation accident representation addressing both immediate needs and long-term recovery planning. Our approach combines aggressive investigation with compassionate client service during traumatic recovery periods. Contact Presley and Presley Trial Lawyers at (816) 931-4611 for experienced aviation accident representation in Kansas City.