Legal Rights of Passengers in Aviation Accidents in Maryland
When it comes to aviation accidents, understanding the legal rights of passengers is critical, especially in a state like Maryland. When an incident occurs, it’s essential for affected passengers and their families to be aware of their rights and the legal recourses available to them. This article delves into the legal rights of passengers in aviation accidents in Maryland.
In Maryland, victims of aviation accidents may have several legal avenues available following an incident. These rights typically fall under personal injury law, which provides a framework for seeking compensation for damages sustained during an accident.
1. Right to Seek Compensation
Passengers injured in aviation accidents have the right to seek compensation for their injuries. This encompasses medical expenses, lost wages, pain and suffering, and emotional distress. Maryland law allows those affected to file claims against the responsible parties, which may include airlines, manufacturers, or maintenance crews.
2. Filing a Personal Injury Claim
In Maryland, passengers can file a personal injury lawsuit against the party at fault for the aviation accident. To succeed, the injured party must typically prove negligence. This involves demonstrating that the responsible party had a duty of care, breached that duty, and caused the injuries suffered by the passenger. Maryland follows the “contributory negligence” rule, meaning that if a passenger is found to be even slightly at fault, they may be barred from recovering any compensation.
3. Right to File a Claim Under Federal Law
Aviation is heavily regulated by federal law, including the Federal Aviation Administration (FAA). Depending on the circumstances of the aviation accident, passengers may also have the option to file claims under federal statutes. For example, if an airline unintentionally causes harm through its operations, passengers can seek compensation through federal court.
4. Access to Legal Representation
Passengers involved in aviation accidents have the right to seek legal representation. Hiring an experienced aviation attorney can significantly bolster a passenger’s chances of recovering damages. Attorneys familiar with aviation law can navigate the complexities of both state and federal regulations and help determine the best course of action.
5. Right to Safety Regulations Compliance
It is the responsibility of airlines and manufacturers to adhere to strict safety regulations. Passengers have a right to expect that carriers will meet safety standards set by the FAA. In cases where airlines fail to maintain their aircraft or comply with safety protocols, passengers may have a viable claim for negligence or strict liability.
6. Right to Assess Liability
Determining who is liable in an aviation accident can be complicated. Potentially liable parties can include airline companies, aircraft manufacturers, maintenance contractors, or even air traffic controllers. Passengers have the right to investigate these aspects as part of their legal recourse.
7. Filing a Complaint with Aviation Authorities
In addition to pursuing civil litigation, passengers have the right to file complaints with aviation oversight bodies such as the FAA or the National Transportation Safety Board (NTSB). These organizations can conduct investigations, which may lead to findings that bolster a passenger's case in court.
Conclusion
Understanding the legal rights of passengers in aviation accidents in Maryland is paramount for ensuring proper legal recourse. From the ability to seek compensation to the option of filing complaints with aviation authorities, passengers are entitled to protections under both state and federal law. Consulting with a knowledgeable attorney can help navigate the legal landscape and ensure that victims of aviation accidents are compensated for their suffering.