Denver Airplane Crash Attorneys

FAQs: Aviation Accidents Colorado

Q: Do state or federal laws control air travel?

A: The Federal Government controls laws that regulate air navigation. Under the Federal Aviation Act of 1958, Congress created the Federal Aviation Administration (FAA) and empowered the FAA to oversee and regulate safety in the airline industry in American airspace by both civilian and military aircraft.  The Act excludes local or state governments from enacting or enforcing any rule, law, standard, regulation, or other provision relating to routes, rates or services of any air carrier operating interstate authorized under the Act.

However, the Act does not limit State, political subdivision of State, or political authority of one that owns or operates an airport of their proprietary powers and rights.[1]

Q: How long do I have to file a personal injury suit if I am involved in an aviation accident in Colorado?

A: In Colorado a lawsuit for personal injuries involving an aviation accident must be filed within three years of the date of the accident or time in which the suit may be filed will have expired and the plaintiff will not be allowed to file the claim. Col. Rev. Stat. 13-80-101(n).  The statute of limitations will be delayed if the plaintiff is under legal disability or is under the age of 18, and will resume when the disability is eliminated or the plaintiff reaches 18.[2]

However, under Colorado law, if a lawsuit is brought against a local entity or its employees for any personal injury, it must be filed within two years of the date of the incident. Col. Rev. Stat. 13-80-102(1)(h).

Additionally, if the plaintiff is bringing an aviation lawsuit against law enforcement officials it must be filed within one year of the date of when the cause of action accrued.[3]

Q: What are some of the causes of a plane crash?

A: It is difficult to think of a tragedy that is worse than a plane crash.  Poor design, defective parts, faulty maintenance, malfunctioning equipment and pilot error may be some of the causes of a plane crash.

Q: What special duties of care do Illinois air carriers owe their passengers?

A: An airplane is considered a common carrier. Therefore, an airplane has a duty to its passengers to use the highest degree of care in proportion with the practical operation of the business.[4]  Furthermore, a common carrier has a duty to refrain from creating any condition that would subject its passengers to a risk of injury.[5]

Many air carrier accidents are caused by privately owned or operated aircrafts and not commercial aircrafts. Unlike commercial aircrafts, which must follow a higher degree of care due to federal regulations, privately owned air carriers must only use reasonable care towards passengers to prevent injury.

Q: Who may be responsible for my personal injuries caused by an aviation accident?

A: Under the Federal Torts Claim Act, a claim for personal injury or death may be brought against the United States if caused by an employee of the government who was acting within the scope of their employment when the negligent act occurred. An example is personnel guiding the plane during takeoff or landing, or air traffic control tower operators.

A claim may also be brought against a pilot, airline or parts manufacturer for wrongful death, product liability or negligence.

Q: If a loved one or myself is injured or killed in an aviation accident what types of damages may we receive?

A: If you have been injured in an aviation accident you may recover damages for your past and future lost wages, past and future medical expenses, past and future pain and suffering, and emotional distress.

Additionally, if you or a loved one was killed in an aviation accident certain members of your family may receive economic (financial) and non-economic (pain and suffering, loss of consortium) damages under a wrongful death suit.

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