Texas Aviation Accident Lawyers: Protect Your Rights
TL;DR: If you or a loved one was injured in an airplane, helicopter, or drone incident in Texas, you may have claims under both federal and Texas law. This guide outlines how aviation cases work, who might be responsible, what evidence matters, how federal rules interact with Texas remedies, and why early help from a Texas aviation attorney can protect your rights.
Why Aviation Accident Cases Are Different
Aviation cases combine Texas personal injury and wrongful death law with complex federal safety regulations. Investigations often involve the National Transportation Safety Board (NTSB) and Federal Aviation Administration (FAA) regulations, manufacturer design and maintenance records, air traffic control data, and specialized accident reconstruction. Early legal action helps preserve evidence and coordinate with official investigations while protecting your civil claims. [1]
Common Causes We Investigate
- Pilot decision-making, including operations in adverse weather
- Maintenance errors or improper repairs
- Defective aircraft or component design/manufacturing
- Fuel contamination or engine failure
- Air traffic control communication or radar issues
- Runway incursions and ground handling incidents
- Helicopter operations (EMS, offshore, utility)
- Unmanned aircraft systems (drones) interfering with manned aircraft
Potentially Responsible Parties
Depending on the facts, responsibility may involve:
- Aircraft owners and operators
- Part 121/135 carriers and charter operators
- Maintenance facilities and mechanics (A&P/IA)
- Manufacturers and component suppliers
- Airports and ground service providers
- Flight schools and instructors
- Government entities, subject to specific notice and immunity rules
Key Evidence to Preserve
- Flight data, cockpit voice, ADS-B, and radar tracks
- Maintenance logs, airworthiness directives compliance, and service bulletins
- Pilot training, medical certification, and duty/rest records
- Weather briefings, NOTAMs, ATC recordings, and sectional/procedural charts
- Wreckage, component retention, and chain of custody
- Passenger manifests, seating charts, and injury documentation
- Photos, video, and witness statements
Prompt legal action helps issue preservation notices and coordinate with NTSB protocols. [1]
How Federal and Texas Law Interact
While the FAA sets nationwide safety standards, remedies for injury and wrongful death are generally governed by Texas law when the crash or injury connects to Texas. Potential claims can include negligence, product liability, wrongful death, and survival actions under the Texas Civil Practice and Remedies Code. In some situations, federal preemption can limit certain state-law theories about operational standards, but state tort remedies for damages typically remain available. [3]
What to Do After an Aviation Accident
- Get immediate medical evaluation and follow treatment plans
- Avoid discussing fault publicly or on social media
- Keep all travel documents, tickets, and correspondence
- Save photos, videos, and names of witnesses
- Do not repair, dispose of, or disassemble involved equipment
- Contact a Texas aviation attorney early to coordinate with investigators and protect your claims
Practical Tips From Texas Aviation Counsel
- Have a single point of contact handle insurer and manufacturer communications.
- Request in writing that all wreckage and components be preserved for inspection.
- Document pain levels, treatment milestones, and work limitations in a simple journal.
- Avoid third-party repair or teardown until your expert team is present.
Injury Claim Checklist
- Medical records and bills gathered and organized
- Photographs of injuries, scene, and equipment
- Witness names, phone numbers, and statements
- Travel itinerary, tickets, and seating info
- Employment records showing missed work and pay
- Correspondence with airlines, operators, or insurers
- Preservation letters sent to all key parties
Compensation That May Be Available
Depending on the case, recoverable damages may include:
- Medical expenses (past and future)
- Lost income and diminished earning capacity
- Pain and suffering and mental anguish
- Disfigurement and disability
- Property loss
- Wrongful death and survival damages in fatal cases for eligible beneficiaries and estates
- Punitive (exemplary) damages in limited circumstances when statutory standards are met
Claims Against Government Entities
If a claim involves a Texas governmental unit, such as a publicly operated airport or a governmental medical helicopter operator, special notice requirements and liability limits may apply under the Texas Tort Claims Act. Deadlines can be short and may vary by entity or location, so consult counsel promptly to evaluate and preserve these claims. [4]
Working With the NTSB and FAA
The NTSB leads independent safety investigations of aviation accidents and maintains public dockets of factual materials. These dockets can inform a civil case and guide additional evidence gathering; however, admissibility of specific items is governed by statute and court rules. By law, the NTSB’s probable cause determinations are not admissible to prove fault in civil litigation. [1] [2]
Why Hire a Texas Aviation Accident Lawyer
Aviation litigation requires technical knowledge, rapid evidence preservation, and familiarity with both federal regulations and Texas civil procedure. An experienced team can coordinate with experts in flight operations, human factors, maintenance, metallurgy, and accident reconstruction; handle communications with insurers and manufacturers; identify all responsible parties and venues; and pursue full compensation under Texas law.
Texas Aviation Accident FAQ
How long do I have to file a claim in Texas?
Texas limitations periods can be as short as two years for many injury and wrongful death claims, but shorter notice rules may apply for governmental entities. Consult an attorney promptly to confirm deadlines for your facts.
Can I sue if the NTSB is still investigating?
Yes. Civil cases can proceed while the NTSB conducts its safety investigation. Certain NTSB materials are public, but the NTSB’s probable cause statement is not admissible to prove fault. Coordinate with counsel to preserve evidence and comply with applicable rules.
What if a manufacturer outside Texas is involved?
You may still have Texas claims and venues depending on contacts with the state and where the harm occurred. Product liability claims can involve multiple jurisdictions; your attorney will evaluate the best venue and applicable law.
Do I need experts?
Most aviation cases require specialized experts, including accident reconstruction, human factors, and engineering. Early expert involvement helps secure and interpret critical evidence.
Take the Next Step
If you or a loved one has been harmed in an aviation incident in Texas, contact a qualified attorney as soon as possible. Time limits and notice requirements can vary, and early action helps protect your rights. Contact us to discuss your situation.
Sources
- National Transportation Safety Board – Investigation Process (accessed 2025-11-05)
- 49 U.S.C. § 1154(b) – Prohibition on use of certain NTSB reports (accessed 2025-11-05)
- Texas Civil Practice and Remedies Code, Chapter 71 – Wrongful Death; Survival; Injury (accessed 2025-11-05)
- Texas Civil Practice and Remedies Code, Chapter 101 – Texas Tort Claims Act (accessed 2025-11-05)
Disclaimer
This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Texas law, federal regulations, and local notice deadlines can change and may vary based on your specific facts. Consult a qualified Texas attorney about your situation.