Injured in a Texas Plane Crash? Personal Injury Help
If you were injured in a Texas plane, helicopter, or charter flight accident, you may have claims against multiple parties. This guide explains common causes, who may be liable, what evidence to preserve, how federal aviation rules intersect with Texas personal injury law, and what to expect in the claims process.
Understanding Texas Aviation Injury Claims
Aviation incidents in Texas can involve commercial airlines, regional carriers, charter flights, air ambulances, helicopters, private planes, and unmanned aircraft. Safety is governed by federal law and regulations, but injury and wrongful death claims are typically brought under Texas law. Depending on the facts, claims may proceed under negligence, products liability, premises liability, or wrongful death and survival theories.
Common Causes of Aviation Accidents
- Pilot error or inadequate training
- Maintenance lapses or repair errors
- Defective aircraft or component design/manufacture
- Fuel contamination or fueling errors
- Air traffic control or weather reporting issues
- Adverse weather, icing, or runway conditions
- Operational or procedural deficiencies
Determining cause often requires prompt expert review of flight data, maintenance and operational records, and compliance with applicable federal requirements (see NTSB investigation overview; 49 CFR Part 830 (notification/reporting)).
Who May Be Liable
- Pilot and aircraft owner or operator
- Air carrier or charter company
- Maintenance provider or repair station
- Aircraft or component manufacturer
- Airport operator or premises contractor
- Fuel supplier
- Third parties involved in air traffic control or weather services
Depending on the facts, Texas law may apportion responsibility among multiple parties.
Key Evidence to Preserve
- Scene photos/videos (if safe), debris/wreckage locations
- Flight itinerary, ticketing records, boarding passes, and manifests
- Communications, dispatch logs, and NOTAMs if available
- Maintenance logs and work orders (if available to you)
- ADS-B/flight tracking data and any onboard recordings
- Medical evaluations, bills, and records of missed work
- Witness names and contact information
Do not repair or alter involved equipment without legal guidance. An attorney can send preservation (spoliation) letters and coordinate with investigators.
Federal and State Investigations
The National Transportation Safety Board (NTSB) typically investigates aviation accidents, and the Federal Aviation Administration (FAA) addresses regulatory compliance and enforcement. Operators must comply with accident/incident notification rules (see NTSB process; 49 CFR Part 830). Civil claims often proceed while investigations are ongoing; your case strategy should account for investigation timelines and access to records.
Insurance Coverage Considerations
Aviation losses may implicate multiple policies: the operator’s liability policy, an owner’s policy, manufacturers’ products liability coverage, airport premises coverage, med-pay or PIP, and other third-party coverages. Policies can contain aviation-specific exclusions and sublimits. Early identification of all carriers and coverages is important.
Compensation You May Seek
In Texas personal injury cases, recoverable damages may include medical expenses, lost wages and earning capacity, pain and suffering, physical impairment, and disfigurement. In fatal cases, eligible family members may seek wrongful death damages, and the estate may pursue survival claims (see Texas CPRC Chapter 71). In egregious cases, exemplary (punitive) damages may be available upon clear and convincing proof of gross negligence or malice, subject to statutory requirements and caps (see Texas CPRC Chapter 41).
Deadlines and Notice Requirements
Time limits depend on claim type, defendants, and where the case is filed. Claims involving government entities often have earlier written notice requirements—generally within six months, and some city charters require shorter notice (see Texas CPRC §101.101). Consult counsel promptly to protect your rights and avoid missed deadlines.
Practical Tips
- Have a representative handle insurer calls to avoid inadvertent admissions.
- Keep all damaged items and packaging for inspection.
- Track out-of-pocket costs in a centralized log with receipts.
- Ask providers to use diagnostic coding that accurately reflects crash-related injuries.
What To Do After a Crash
- Seek immediate medical care and follow your treatment plan.
- Avoid detailed statements to insurers until you have counsel.
- Save travel documents, receipts, and photos.
- Keep a journal of symptoms and missed work.
- Contact an aviation-experienced injury lawyer as soon as possible.
Free consultation: If you or a loved one were injured in a Texas aviation incident, speak with a lawyer about your options. Contact us.
How an Attorney Helps
Your legal team can secure and preserve evidence, coordinate with NTSB/FAA inquiries, retain aviation experts, identify all at-fault parties and insurance, calculate damages, handle insurer communications, and file suit if needed. Many firms offer free consultations and contingency-fee representation in injury and wrongful death matters.
Frequently Asked Questions
Can I sue if the NTSB has not finished its investigation?
Often, yes. Civil claims may proceed in parallel with the NTSB process, though timing and discovery can be affected (see NTSB investigation overview).
What if I signed a liability waiver for a tour or charter?
Waivers may not bar claims for gross negligence or certain statutory rights. Enforceability depends on the contract language and Texas law. Have an attorney review any waiver before speaking with insurers.
Do federal aviation rules preempt my Texas claims?
Federal standards often govern aviation safety. State-law remedies for personal injury are commonly pursued, but legal strategy must account for federal preemption issues in establishing standards of care. Discuss case-specific preemption questions with counsel.
What if the aircraft or operator is based outside Texas?
You may still have claims in Texas depending on where the crash occurred, the defendants’ Texas contacts, and contract terms. Venue and jurisdiction issues should be evaluated early.
Next Steps
Early action helps preserve evidence, meet notice requirements, and position your claim for full and fair compensation. To discuss your situation with a Texas aviation injury lawyer, contact us.
Sources
- National Transportation Safety Board – Accident Investigation Process
- 49 CFR Part 830 – Notification and Reporting of Aircraft Accidents
- Texas Civil Practice and Remedies Code Chapter 41 – Damages
- Texas Civil Practice and Remedies Code Chapter 71 – Wrongful Death; Survival
- Texas Civil Practice and Remedies Code §101.101 – Notice (Texas Tort Claims Act)
Texas-only disclaimer: This post is general information for Texas matters and not legal advice. Reading it does not create an attorney–client relationship. Laws, regulations, and deadlines change and vary by facts. Consult a licensed Texas attorney about your specific situation.