As threats of new coronavirus variants linger, most of us are doing our best to move on and return to some degree of normalcy. However,…Read More
Call Us Now
To speak to an attorney today about your legal needs, please call us at (833) 544-0604.
Calling this number connects you with an elite member of the Weitz & Luxenberg legal team, who will conduct a free case review and provide you with more information about your legal options. Members of our experienced team are on call 24/7 to answer your questions and ensure that all your needs are met.
Helicopter accidents are common. The United States Helicopter Safety Team (USHST) reports there were 96 helicopter accidents in the U.S., 17 of them fatal in 2021. (1) There were a total of 122 helicopter accidents, 24 of them fatal, in 2019 according to AirMed&Rescue. (2)
Since 2004, there have been at least 9 helicopter crashes in New York City (NYC) alone. According to the Associated Press, “At least 32 people have died in helicopter accidents in New York City since 1977.” (3)
Helicopters are aircraft. “A helicopter is a type of aircraft that uses rotating, or spinning, wings called blades to fly… A helicopter’s rotating blades, or a rotor, allow it to do things an airplane cannot.” (4)
Any accident involving an aircraft is “an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage.” (5)
Knowing what constitutes a helicopter accident also raises the question of what causes these accidents in the first place.
Helicopter accidents may be caused by a number of things. Here are some of the most common:
The most frequent factor in helicopter accidents is pilot error, says aviation training provider Pilot Institute. Pilots may be fatigued, under extreme pressure, or dealing with complicated equipment. Their work is intensive, requiring tremendous amounts of information processing. (6)
“There are reasons why the pilot error is even more likely in a helicopter than in an airplane. Firstly, most helicopters require more hands-on flying than fixed-wing aircraft,” points out Pilot Institute. (7)
Most helicopter crews fear mechanical failure, “because of its potential severity…the failure of a key helicopter component such as the rotor and rotor shaft, main gearbox, or tail rotor often proves fatal. In no other type of flying machine is so much stress placed on single components.” (8)
Crashes can happen if an electrical malfunction occurs while in the air. “More and more operations in today’s flight environment are dependent on the aircraft’s electrical system,” indicates an aviation education website. “On small, piston powered helicopters, electrical energy is supplied by an engine-driven alternator by means of a belt and pulley system similar to that of an automobile.” (9)
Another common reason for why helicopters crash is “Flying in snow, rain, sleet, fog, or any other scenario where visibility is impaired… Other environmental factors include bird strikes, which are more likely to happen in a helicopter than in an airplane due to the fact that helicopters are so often flying at lower altitudes.” (10)
If you have suffered injury from a helicopter accident, contact us today for a free case review.Get a Free Case Review
Helicopter crashes can result in severe, life-threatening injuries. Injuries sustained during a crash depend upon the deceleration you are subjected to during the crash. (11)
“The commonest cause of injury in aircraft accidents is the sudden deceleration that occurs when an aircraft hits the ground or water.” (12) Deceleration forces vary and are measured as g-force. G-force is a measure of acceleration on your body due to gravity.
“Human tolerance to deceleration depends upon a number of factors including the duration, magnitude and direction of the inertial forces…The direction of forces is a major determinant of tolerance.” (13)
Injuries are often the result of coming into contact with the aircraft structure or equipment. They include entrapment, fire, drowning, and traumatic asphyxia, among others. (15)
The long list of specific injuries you can get in an aircraft accident includes:
A lawsuit can help you get compensation from the people and companies responsible for the helicopter accident. The owners of the helicopter, the manufacturer of the helicopter or any of its components, and the operator of the aircraft may all be held accountable.
In such cases, you must show the court the why the crash happened. You need to prove it was the result of a defect in the aircraft design or in one of its components. Or it was due to a mechanical failure, or pilot error was involved.
For example, you were injured in a crash because the pilot failed to complete all required safety checks before takeoff. If you can show the court documentation — or have witness testimony to support your claim — you could prove negligence.
Another example might be to show the court the crash was caused by a malfunction in the electrical system of the helicopter. Or the rotor blades of the helicopter failed to rotate at the proper speed.
If you can prove this claim to the court, the manufacturers involved can be held liable for damages. Also, if a manufacturer knew about — but failed to correct — a defect in the design of the aircraft, the manufacturer may be held liable.
If you or a loved one suffered injury or death from a helicopter accident, contact us today to know your legal rights.Get a Free Case Review
Helicopter accident cases can be very complicated. Relying on the knowledge of an attorney who has handled many personal injury cases can help deliver a successful outcome in court.
An attorney helps you hold all responsible parties accountable by filing a lawsuit. In your NYC lawsuit, you are bringing the suit and are referred to as the “plaintiff,” while the party being sued is called the “defendant.” Your attorney files the requisite “summons and complaint” with the proper court.
Any required fees must be paid at the time of filing the lawsuit. One of the responsibilities of an experienced attorney is ensuring the rules regarding where to file your lawsuit have been met. (27)
After filing the summons and complaint, it must be “served” on the defendants. The defendants then have 30 days to “answer” the summons. When the defendants have answered the summons, a court date is set. (28)
In the meantime, both parties investigate the case and gather evidence. Each side in your lawsuit does the research necessary to present the case in a courtroom.
Instead of going to trial, many lawsuits end up settling out of court. So, experience with negotiating settlements becomes a key consideration in hiring an attorney. An attorney who has done this many times before can usually obtain a more favorable settlement for you.
Weitz & Luxenberg has built a solid reputation for representing our client interests — both in court and at settlement. Here are some of our successes: