People fly every day without a second thought, but when something goes wrong, the results are rarely minor. Aviation crashes are rare, but they carry the potential for permanent, life-altering injury. California aviation accident laws work alongside a dense body of federal aviation law, and understanding both is essential to building a claim that holds up. The state-law fault and damages rules set out in California vehicle accident laws still apply here; aviation cases simply add a federal layer on top.
Common Causes of Aviation Accidents
- Pilot error, such as misreading equipment or becoming incapacitated
- Malfunctioning parts or a defective aircraft design
- Extreme weather conditions
- Errors made by air traffic controllers
Who Can Be Held Liable
Unlike most vehicle accidents, where fault usually lies with another driver, an aviation crash can involve several potentially liable parties at once: the pilot, the aircraft or parts manufacturer, the charter or tour operator, a maintenance provider, or, in rare cases, air traffic control. Commercial charter and tour operations, common for helicopter sightseeing and news flights over Los Angeles, are held to more demanding federal operating and maintenance standards than a privately flown aircraft, which can make the operator’s own compliance record a central issue in the case. Showing exactly how one or more of these parties’ actions caused your injuries is the foundation of any aviation claim.
The 18-Year Rule That Can Bar a Manufacturer Claim
The federal General Aviation Revitalization Act imposes an 18-year statute of repose on product liability claims against manufacturers of small aircraft and aircraft parts.[1] The clock starts when the aircraft or part was first delivered, not when the crash happened, so a design defect in a 25-year-old aircraft may be entirely outside a manufacturer’s liability window regardless of how clearly it caused the crash. There are real exceptions: the repose period does not apply if the manufacturer knowingly misrepresented or concealed safety information from the FAA, if the injured person was a medical passenger, or if the injured person was not on board the aircraft at all. Whether one of these exceptions applies is often the single most important question in a general aviation case, and it requires immediate, careful investigation of the aircraft’s manufacture and maintenance history.
Why the NTSB Report Alone Will Not Win Your Case
The National Transportation Safety Board investigates most aviation accidents and issues a probable-cause finding. Under federal law, that probable-cause determination cannot be admitted as evidence in a civil lawsuit.[2] The underlying factual data the investigation produced, such as wreckage examination and recorder data, can still be independently obtained and used. In practice, this means we cannot simply hand a jury the NTSB’s conclusion; we have to build the negligence case from the factual record ourselves, often with our own retained experts.
Compensation After a California Aviation Accident
- Complete medical coverage, including hospital bills, rehabilitation, and future care
- Lost wages during recovery and diminished future earning capacity
- Pain and suffering and loss of enjoyment of life
- In fatal crashes, wrongful death damages including loss of companionship and funeral expenses, recoverable by a surviving spouse, children, or other qualifying heirs
California’s wrongful death statute identifies exactly who may bring that claim, generally the decedent’s surviving spouse or domestic partner, children, or, if none, other heirs under intestate succession law.[6]
Under Code of Civil Procedure section 377.30, a survival action may also be available to recover for the suffering your loved one endured before passing, separate from the wrongful death claim itself.[3]
Statute of Limitations
Standard Claims: Under Code of Civil Procedure section 335.1, you generally have two years from the date of the accident, or your loved one’s death, to file a lawsuit.[4]
California State or Local Government Aircraft: If a state or local government aircraft was involved, such as a CHP or county fire helicopter, you must file an administrative claim under the California Government Claims Act within six months of the crash.[5]
Federal Government Aircraft: A military or FAA-operated aircraft is a federal vehicle, and a crash involving one falls under the Federal Tort Claims Act rather than California’s Government Claims Act. That process requires a written administrative claim to the responsible federal agency within two years, followed by a wait for denial or six months of silence before suit can be filed in federal court.
Types of Aviation Accidents We Handle
- General Aviation Crashes: private planes and small charter aircraft, where GARA’s 18-year repose period is most often the central legal issue.
- Helicopter Accidents: tour, news, and charter helicopter operations are common in the Los Angeles area and carry their own maintenance and pilot-training scrutiny.
- Commercial Airline Accidents: larger aircraft not covered by GARA, where liability often runs through the airline’s own operations and maintenance, and international flights may implicate the Montreal Convention.
- Medevac and Air Ambulance Accidents: carry heightened stakes given the medical condition of passengers and added scrutiny of maintenance and pilot fatigue.
How Haffner Law Builds Your Aviation Accident Case
Because the NTSB’s own conclusion cannot be handed to a jury, we build the negligence case independently, retaining aviation engineers and accident reconstruction experts who can examine the same wreckage and factual record the NTSB collected and reach their own supportable conclusions. We also move immediately to preserve maintenance logs, inspection records, and pilot training files before they can be lost, altered, or destroyed.
When GARA’s 18-year window is in play, the case often turns on whether one of its exceptions applies, and that requires digging into the aircraft’s full service history, not just its age. We investigate whether a manufacturer withheld safety information from the FAA, whether a replacement part restarted the repose clock, or whether the case falls outside GARA entirely because of who was on board or how the aircraft was being used.
California Aviation Accident Law FAQs
What should I do immediately after a plane crash in California?
Get medical attention right away, even if you feel fine, since aviation injuries are often not immediately apparent. Preserve photographs and any communications from an airline, operator, or insurer, and do not sign any release before speaking with an attorney.
Who can be held liable for a plane crash?
Liability is rarely limited to one party. Depending on the cause, responsible parties may include the pilot, the aircraft manufacturer, an operator or charter company, or a maintenance provider. We investigate every angle, from pilot error to design defects, and check whether GARA’s 18-year window has closed off any manufacturer claim.
Does GARA mean I have no case if the aircraft is old?
Not necessarily. GARA bars most manufacturer claims after 18 years, but claims against the pilot, operator, or maintenance provider are not affected by GARA at all, and GARA’s own exceptions, including fraud or concealment by the manufacturer, can keep a manufacturer claim alive even on an older aircraft.
How long does an aviation accident lawsuit take?
Some claims settle within months; cases involving multiple defendants or a GARA repose dispute can take two years or more. The discovery phase, where evidence is gathered and depositions taken, is typically the most time-intensive part.
Will the NTSB investigation decide my case for me?
No. The NTSB’s probable-cause conclusion cannot be used as evidence in your civil case, so a favorable finding does not win your case automatically and an unfavorable one does not lose it. We build the negligence case independently from the factual record.
Speak With a California Aviation Accident Lawyer
Evidence in an aviation case sits with the airline, the operator, or the manufacturer, and it gets harder to reach the longer you wait. Haffner Law investigates every angle and pursues every liable party. Our attorneys handle the federal and state complexity so you can focus on recovery, and we represent injured people across our California locations, headquartered in Sherman Oaks.
Call (213) 514-5681 for a free case evaluation. We will map out exactly which deadlines and which parties apply to your crash.
