Florida Injury Lawyer Blog

There are several things that passengers can do to reduce the odds of being in an aviation accident. Although aviation accidents are relatively rare, they can occur. Use these tips to avoid sustaining a serious brain injury, burn injury, spinal cord injury, or fatality in an aviation accident:

1) Fly on larger aircraft. Larger, commercial aircraft crash far less often. In the event of an accident, larger aircraft with more than 30 passenger seats also provide better chances of survival. Smaller, personal aircraft are far more likely to crash.

2) Choose non-stop flights. Non-stop flights expose you to fewer take offs, ascents, landings, and descents of the plane, the phases of flight when accidents are most likely to occur. Therefore, non-stop flights are statistically safer.

3) Store only light items in the overhead bin. Heavy items can put too much pressure on the overhead bins and in heavy turbulence, these items can fall through the bins, causing brain injuries. Store heavy items under the seat in front of you.

4) Review the safety features of the plane. Locate the emergency exits nearest you, and listen to the pre-flight safety briefing provided by the flight attendants. Reviewing emergency information ensures that this information is fresh in your mind in case you need it.

5) Pay attention to the flight attendants. If a flight attendant asks you to do something, do it promptly. Flight attendants are there to ensure that your flight is safe as well as pleasant. If they ask you to do something specific, such as store your luggage in a specific manner, you can be certain that there is a good safety reason for doing so.

6) Avoid unbuckling your seatbelt or wandering around the cabin without need. If you are on a long flight, you can prevent blood clots by taking brief walks around the cabin. However, keep traveling around the cabin to a minimum. If you hit turbulence, you're more likely to sustain a personal injury. For most of the flight, stay in your seat with your seatbelt securely fastened, even if the seatbelt light is off. Your seatbelt can save you from serious injury if the plane encounters unexpected turbulence.

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Airplane accidents can occur on commercial flights, airplane tours, chartered flights, or on personal airplanes. In all cases, aviation accidents carry the risk of serious personal injuries, including spinal cord injuries, brain injuries, burn injuries, broken bones, and even fatalities. In many cases, investigating an airplane accident takes a lot of time and many resources. Unfortunately, while an investigation is ongoing, the families of victims often have to wait for answers.

Although airplane accidents involving commercial liners are extremely rare, they can occur. When these sorts of accidents occur, they are often widely covered by the media, and as a result some people fear flying. Aviation accidents, however, are more likely to occur with small private aircraft. In fact, such accidents involving small aircraft often are unreported, and therefore some people have the mistaken belief that smaller airplanes are safer.

The Federal Aviation Administration (FAA) reports that travel by air will double in the next two decades. This may mean that more aviation accidents will occur, simply as more planes are in the sky. Preventing such accidents is obviously a big priority for federal officials and for insurance companies.

Today, after an aviation accident the first order of business is to determine the cause of the particular accident. Insurance companies, victim's families, and the attorneys involved want to find who is legally responsible or liable for the cause of the accident. The operator or pilot of the aircraft may be liable, but the owner, airplane manufacturer, maintenance service, and other professionals may also be held liable. In some aviation accidents, the federal government or a particular owner of the property where the plane has crashed are also held liable for an accident. Usually, it requires extensive research and professional investigation to determine the true cause of an accident.

In some cases, the manufacturer of the aircraft is held liable because a part of the air craft is deemed to be unsafe. In some cases, maintenance services are held liable if the airplane has not been adequately maintained or kept in good condition. Pilot error or negligence is a common cause of aviation accidents as well. If the pilot has been reckless, the state as well as the federal government may pursue criminal proceedings against the pilot, above and beyond any civil proceedings that results from the accident.

If you have been in an aviation accident and have suffered an injury, you need to contact a qualified Florida personal injury attorney, since aviation accident cases can be quite complex and often require access to professional investigators, expert witnesses, and other professionals. A Florida attorney can help you understand what your options are and can help ensure that you do not have to pay all medical costs and lost wages out of pocket.

Many people assume that aviation accidents and injuries caused by airplanes occur most often in an airplane crash. Research, however, shows that most injuries sustained in airplanes occurs as a result of air turbulence. Air turbulence can cause brain injuries, spinal cord injuries, broken bones, and other serious personal injuries. In some cases, it can even lead to death.

Air turbulence occurs when an airplane hits an air pocket. This can cause the plane to shift suddenly, drop several hundred feet, or begin to shake dramatically. As a result, anyone who is standing up or moving around the cabin can be slammed against the sides, floor, or ceiling of the cabin. If overhead containers are open during a bout of air turbulence, bags and other heavy objects can come flying out and hit unsuspecting passengers. Turbulence can also cause people to lose their footing and fall. All of this can lead to injuries.

If a pilot realizes that he or she will be approaching some air turbulence, he or she will often alert passengers and turn on the seatbelt sign. Often, passengers will be instructed to return to their seats and buckle their seat belts. Unfortunately, pilots do not always have warning before encountering air turbulence. Air turbulence may happen very suddenly. Some passengers have a false sense of comfort, thinking that as long as the seatbelt sign is not on they can stretch, walk around the cabin, or undo their seat belts with complete safety. This is not entirely the case.

In most commercial flights, pilots warn passengers to remain in their seats unless needed, to walk around the cabin as little as possible, and to keep their seat belts on while their seats. Despite this, many passengers do not pay attention to these instructions. To keep injuries caused by air turbulence to a minimum, it is a good idea to pay attention, and to remain in your seat, with your seatbelt fastened, as much as possible during a fight.

During a typical flight, of course, you want to get up, stretch, and perhaps walk to the bathroom. Walking around and stretching can in fact help prevent blood clots, especially if you are on a long flight. Therefore, walking around for a shorter time may be good idea. However, if you are taking a walk around the plane, keep your walk to minimum, and hold onto the backs of seats as you're walking. This way, even if the plane hits turbulence, you can still retain your footing and possibly prevent a fall and injury.

If you are sitting in your seat during a flight, keep your seatbelt fastened. If you find your seatbelt uncomfortable, ask for a pillow to support your lower back, or adjust the clasp on your seat belt until it is fairly comfortable. Adjust your position until you're comfortable, but avoid removing your seatbelt entirely if at all possible. If you are pregnant, ask a flight attendant to help you adjust your seatbelt correctly.

Many passengers assume that there is nothing they can do to prevent airplane accidents or the serious injuries – ranging from spinal cord injuries to head injuries – which often result from these crashes. While most passengers have little control over airplane maintenance or the actions of the air crew, though, there are several things they can do to reduce the possible injuries that can result from an airplane accident:

1) Stick with larger planes and established airlines. Small planes, newer companies and casual flights at fairs or other events simply have more unknowns and carry more risks. Larger airlines have a reputation to uphold and often screen their crews and monitor their plane conditions more carefully as a result.

2) Listen to the pre-flight safety information and read the safety data card in the seat pocket in front of you before every flight. If you fly often, it may be tempting to zone out during the safety information session, but reviewing safety information each time is important, experts claim, since it ensures that all safety information is fresh in your mind.

3) Plan ahead. Determine where your closest emergency exits are and count the number of seats you would have to move forward and back to find the exits. In case of an emergency, the cabin might be clouded with smoke, so planning ahead can ensure that you can find the exists even in the dark..

4) Wear appropriate clothes on a flight. When dressing for travel, opt for comfortable, roomy clothing made from natural fibers such as wool, cotton, denim, and leather. Tight clothing can restrict your movements and make it harder for you to evacuate the aircraft while synthetic fibers such as nylon, rayon, and polyester are easily flammable and melt easily in high heat, increasing your chance of burn injuries in case there is a fire. Nylon fibers in hosiery can especially lead to melting and burn injury, since the fabric in hosiery is so thin. Therefore, it might be a good idea to avoid tights, pantyhose, and other hosiery on a flight. When selecting clothing, also consider long pants and long sleeves, which cover extremities and provide you with some protection. When selecting footwear, choose canvas or leather low-heeled laced or strapped shoes, boots, or sports shoes. Sandals and high-heeled shoes cannot be worn on an escape slide and removing your shoes leaves your feet vulnerable to injury and slows your emergency departure from the airplane.

5) Stay in your seat with your seatbelt on. Turbulence is the most common problem that passengers experience and it is usually unpredicted. Many flights experience at least some turbulence and it is the leading cause of injuries on airlines. Each year, about 58 airline passengers across the country are injured because they were not wearing seat belts when turbulence occurred on a flight.

Florida aviation accidents are in the news quite frequently, and reading about these accidents can be quite frightening. Due to their very nature, airplane crashes lead to fatalities very frequently. Survivors of accidents often have serious injuries, such as burn injuries, fractured bones, spinal cord injuries, brain injuries, and other serious problems.

Many passengers do not realize that there are several things that can be done to reduce the chances of an airplane accident. The following tips will help you stay safer in the skies:

1) Choose non-stop flights. Statistically, accidents are far more likely to occur during takeoff, climb, descent, and landing. When you choose non-stop flights, you not only enjoy greater convenience but you also reduce the amount of time you spend in the higher-risk stages of a flight.

2) Opt for larger aircraft. Airplanes that are in the skies today and are designed to hold over 30 passengers are designed under stricter conditions. If you are in an accident, you are more likely to survive in a larger aircraft.

3) Listen to the safety information. If you fly frequently, the safety instructions given at the start of the flight may seem a bit tedious, but do follow along. In the event of an emergency, you will have only seconds to react, so having listened to the safety information will help you. Also, your plane may have different safety exits, so unless you listen you might not know where to go in an emergency.

4) Stay in your seat for most of the flight. Other than a quick jaunt to the bathroom, try to remain in your seat. You are far more likely to be injured during sudden turbulence if you are wandering around. Also, while sitting, keep your seatbelt on while seated. This will help you if there is a sudden drop or turbulence.

5) Let flight attendants do their job. Listen to the instructions given to you and follow them. Let attendants pour hot drinks so that you do not spill them on yourself. Also, do not distract flight attendants while they are trying to do their job.

Researchers from the Center for Disease Control and the National Institute for Occupational Safety and have found that Alaska has an annual pilot fatality rate of 410/100,000 a year. This is the highest in the nation. The research conducted by the Center for Disease Control and the National Institute for Occupational Safety uncovered that the key factors leading to fatality in airplane crashes include post-crash fire, inclement weather, and non-Alaskan residency.

While Florida’s annual pilot fatality rate is lower than Alaska’s, airplane crashes are a concern in this state. Many of the findings from the Alaska research study can also help prevent fatalities and serious injuries – including burn injuries and spinal cord injuries – which are a factor in airplane crashes. According to the findings of the study, pilots and passengers can increase their chances of survival in a plan crash by:

1) Wearing shoulder belts. The research conducted by the Center for Disease Control and the National Institute for Occupational Safety found that pilots and passengers who wore shoulder belts or seat belts had a significantly higher chance of surviving a crash.

2) Flying in good conditions. The study found that those flying in daylight and in good visibility and good conditions increased their chances of survival. Although sudden weather changes cannot always be predicted, good weather helps the pilot land safely, even when a landing is unscheduled. Good weather and visibility also allows emergency personnel easier access to a crash site, which means that injures parties can be helped promptly.

3) Check airplane condition. Flying in aircraft that is well maintained and not overloaded is always safer.

4) Select experienced pilots. Ask your pilot about his or her expertise, flying experience, license, and certification. Pilots who are experienced with a specific terrain and area are more likely to notice problems earlier and are more likely to respond appropriately when problems arise. Flying early in the day can also be a way to stay safe, since pilots may be more rested early in the day than later, after a few flights.

Mark V. Rosenker, Chairman of the National Transportation Safety Board (NTSB) recently attended an aviation conference, where he again brought up the NTSB’s concern with older aircraft. Rosenker pointed out that many aviation accidents in recent years have been attributed to aging aircraft that have not been properly maintained. He also pointed out that airworthiness programs implemented at each stage of the service life of aircraft can prevent many of these accidents.

Rosenker gave a speech at the California conference. In his speech, he pointed out the difficulty in even defining an aircraft as old. Age of an aircraft can be determined by a number of factors, and actual chronological age is only one of these factors. The number of flight hours, the environment in which a plan has flown, and the number of flight cycles can also all affect the age and safety of an aircraft. In addition, some parts of a plan may age at a different rate. According to Rosenker, all these factors must be considered in order to keep planes safe.

Airplane accidents cause serious injuries and fatalities each year. Personal injuries ranging from spinal cord and brain injuries to burns and even death are all caused each year by aviation accidents, and some of those accidents, according to Rosenker and the NTSB, are caused by aging aircraft. By creating a viable strategy to keep older planes safer, the NTSB believes it can reduce accident rates.

Aviation accidents involving older aircraft often lead to complicated investigations, in part because some older planes have incomplete or unknown service histories. Military aircraft, surplus planes, and other aircraft may simply not come with enough information to create safe flying. In addition, many older aircraft have no inspection program. According to NTSB, many older planes continue to be used beyond their useful lifespan.

As a result of the NTSB's research into the causes of the airplane crash of Aloha Airlines Flight 243 in 1988, the FAA developed an Aging Airplane Program in 1991. The FAA has documented and researched many accidents involving older planes and has found that using commercial planes that are 50 to 60 years old, in some cases, means using planes that are not certified by today’s standards. Rosenker’s speech in California this past week called for mandatory records reviews, airplane inspections, and other regulations that would ensure that all passengers would stay safe – whether flying on an older plane or a newer one.

The Federal Aviation Administration and Florida attorneys are calling for a review of air accidents and laws governing aviation in the state of Florida. The move comes from the fact that Florida is seeing an upswing in aviation traffic, partly due to its fairly flat lands and clear weather. More travelers into the state are also contributing to more traffic, so that the state is now the country’s second busiest state in terms of air traffic, according to an MSNBC report.

More traffic in Florida, obviously, increases the likelihood of aviation accidents. This is especially the case since state regulations have actually decreased in Florida while traffic has increased. Florida, for example, has replaced abandoned mandatory runway operation reports with a voluntary online reporting system. The state has also handed over approval of expansion of private airports to local zoning authorities.

Some are worried that these two factors – increased air traffic and decreased state regulations – may contribute to higher Florida aviation accident rates. Some studies suggest that aviation accidents in Florida are already on the rise, especially in the central part of the state. Over the past 6 years, Florida has seen an average of 131 aviation accidents per year. Volusia County alone averages between 10 and 12 such accident annually.

As both Florida attorneys and aviation accident victims know, aviation accidents are serious business. Many of these accidents lead to serious personal injury and a significant number lead to fatalities. Permanent disabilities are also caused by aircraft accidents each year. The FAA is replacing its Aviation Safety Program, with its focus on preventable accidents, with the FAA Safety Team Program. This new program will stress “elusive accident causes.” It is hoped that this move will reduce the number of accidents in the state.

If you or a loved one have already been injured as a result of an aircraft, though, you need to contact a qualified Florida attorney. A good lawyer can advise you of your rights and can ensure that you get the quality medical treatment you deserve.

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A pilot who survived a 2004 biplane accident will be charged with negligent homicide, according to authorities. Pilot Mark Strub was the survivor of the August 28, 2004 airplane accident in which passenger Kimberly Reed was killed. On the day of the accident, Strub was donating his time and his plane to offer free 10-minute place rides as part of the Wisconsin Rapids 2004 Children's Miracle Network Balloon Rally.

Reed was not the only passenger to board Strub’s Stearman PT-13 on that day in 2004. Three people prior to Reed boarded the plane and got a free plane ride with no incident. According to the NTSB Probable Cause report filed about the accident, Reed asked Strub specifically for an aerobatic flight, which involved both pilot and passenger to wear parachutes.

The aircraft carrying Strub and Reed climbed to 3,000 feet AGL and Strub performed a number of manoeuvres in the air, including one loop, a Cuban eight, and two hammerhead stalls. After the successful flight, Strub was returning his passenger to the airport. While flying over the Wisconsin River at an altitude of 50 feet, the aircraft struck power lines. The aircraft – with both on board – came to rest inverted in Nepco Lake. The aircraft was submerged in about 3 or 4 feet of water. It is believed that Reed died on impact. Strub sustained only minor injuries.

Other pilots and even bystanders rallied to Strub’s defence. Many point out that the pilot was donating time and the aircraft for a charitable cause and that the incident was a tragic accident. The National Transportation Safety Board (NTSB), however, determined that the probable cause of the accident was “The pilot's improper in-flight decision when he decided to fly at a low altitude over the river and failed to maintain clearance from the power lines.”

Recent NTSB statistics show that General Aviation accident rates have been declining over the past 10 years. The rate of accidents for 2004 was 6.2 accidents for every 100,000 flight hours. 1.2 of those accidents proved fatal. In 2004, 1,413 General Aviation accidents were reported, and 290 of those were fatal.