Who Can Be Held Liable in Aviation Accidents?

Every day, more than 45,000 planes take off in the U.S. Most aircraft land without incident, but the minority that don’t can end in tragedy. In 2023, there were more than 1,216 accidents involving civilian aircraft, and 327 people died in these crashes. Many of these crashes involve smaller aircraft, but larger planes aren’t immune from misfortune, as recent disasters involving commercial jets indicate. Almost 90 people have died in airplane crashes in 2025 so far. Losing someone in an accident is unthinkable, regardless of the scenario, but it is especially shocking when traveling in a way that’s often touted as the least dangerous way to get around. What recourse do loved ones have after aviation accidents, and who can be held liable?

Recent Plane Accidents

January 29, 2025: An American Airlines regional jet with 64 passengers collided with a military helicopter with three aboard. The nighttime crash killed everyone aboard and sent both aircraft into the Potomac River. While the cause of the tragic crash is still under investigation, families are starting to make claims against the federal government, including the Federal Aviation Administration (FAA) and the U.S. Army. A crash victim’s family filed $250 million in claims against both parties earlier this month.

January 31, 2025: Less than a minute after takeoff, a medical transport jet crashed into a neighborhood in northeast Philadelphia. All passengers aboard the plane lost their lives and killed one person on the ground. The crash injured more than 20 people, and homes and businesses were damaged in the accident. The cause of the crash remains under investigation. Both the city of Philadelphia and the American Red Cross have offered financial assistance to affected residents. 

February 6, 2025: An Alaskan commuter aircraft crashed in the Bering Sea after losing speed and elevation, killing nine passengers and one pilot. The plane lost communication less than an hour after takeoff, and the U.S. Coast Guard found the wreckage a day after the crash. The National Transportation Safety Board (NTSB) has launched an investigation into the cause of the accident.

February 17, 2025: A plane bound for Toronto from Minneapolis burst into flames while landing and turned upside down. While no one died, 21 passengers were injured. No official cause has been released, but some experts say that it seemed like the right main landing gear failed. Delta offered $30,000 per passenger, saying it’s offered without strings attached. At least two passengers have sued Delta, alleging they suffered injuries at the hands of a crew they say acted negligently.

Who is Liable After A Crash?

The NTSB looks into all civil aviation accidents in the U.S., along with the FAA. These investigations examine the circumstances surrounding a crash, what led to the accident, and what changes should be made to prevent future incidents. The agencies often use black boxes, devices that record flight data and conversations from the cockpit. These reports can prove invaluable when a claim or lawsuit is filed. But even if an investigation hasn’t concluded, you still may be able to seek legal action.

Aviation accidents devastate the lives of families of those who have died as well as survivors of the crash. It’s not uncommon for passengers to develop post-traumatic stress disorder. That’s not accounting for physical injuries, which can be life-altering. In the aftermath of an aviation accident, you may wonder who can be held liable and what damages you can recover. While the answer will vary depending on where the accident happened and the factors of the crash, there are basics to consider.

Aviation Workers: In the aftermath of the Washington, D.C. crash that killed 67, some have asked whether air traffic control understaffing could be to blame – according to multiple reports, a supervisor allowed an employee to leave early. If air traffic control failures contributed to the accident, affected victims may choose to file a claim under the Federal Tort Claims Act, which is the step taken before filing a lawsuit against the federal government. 

The Airline: An airline may be found liable, depending on the cause of the crash. If a pilot or crewmember acted negligently, the air carrier may be found liable for how they operated or maintained the flight. The Federal Aviation Act dictates the standard of care airlines are expected to meet; the law will likely be referenced in case of a lawsuit. 

The Plane Manufacturer: If an aircraft is flawed due to its design, an injured party may choose to sue the company that manufactured the plane and its parts. These cases can fall under strict liability, which holds parties liable for injury and death, regardless of their intention. To succeed, you must show that the aircraft was defective before being sent out.

Regardless of the circumstances, you should hire an expert aviation attorney if you’ve suffered in a crash or lost a loved one in an accident. In an aviation lawsuit, you may receive damages for physical injury, medical expenses, lost wages, pain and suffering, emotional distress, and more. In a wrongful death lawsuit, you can also seek damages for funeral and burial expenses, loss of companionship, and the loss of your loved one’s wages. Nothing can undo the harm you’ve experienced, but a lawsuit can hold the at-fault parties accountable and provide you with some closure.