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Friday, February 27, 2009

Buffalo Plane Crash Lawsuits Begin to Trickle in

Families of those killed on Continental Connections Flight 3407 have begun to file lawsuits over what appears to have been a preventable aviation accident. While several families have already hired legal representation, it is expected that most families will do so in the future.

Losing a loved one in an aviation accident is an experience most of us will hopefully never have to go through. For those who have lost a loved one, the experience is described as surreal or numbing. While these words seem obvious, those who have never gone through this kind of a loss can’t really understand. It’s because of this time of shock and grief that the Aviation Disaster Family Assistance Act of 1996 was created. This federal law requires a 45-day waiting period in which attorneys cannot approach the families. However, the families may always contact an attorney whenever they want.

The families and loved ones of those killed on Flight 3407 may have different reasons for filing lawsuits. For many, it is simple economics. When the person who was bringing in most of the family’s income has died, those left behind will need to be taken care of. This is one of the obvious reasons.

The other reason is the nature of this accident. While it will take up to a year before the NTSB finishes its report on the crash, some theories as to what the cause was are being bandied about. If it was ice on the wings that brought down the turboprop, then what was it doing flying in that kind of weather? Should the flight have been grounded?

If there was icing on the wings, why was the crew allowing the flight to continue on autopilot? The black box shows auto pilot was on seconds before the plane began to roll violently. In fact, the autopilot was adjusting to gain more speed, perhaps due to the icing. As a result, the nose was being forced down. Several authorities believe that the crew may have panicked and pulled the nose back up. This then caused the plane to stall. So, pilot error is another area that is being looked at. And, since the crew has come into question, so has their training. Were they experienced enough to be flying the Bombardier Dash 8 Q400?

How families will get through their own tragedy and not wanting to see other families to go through the same thing are two of the biggest reasons lawsuits are filed in this type of catastrophic accident. It is still believed, and rightly so, that if the airline industry believes lawyers are looking closely at it, they will take steps to improve on how they build airplanes and conduct safety. While no amount of compensation will ever be enough, hopefully this is all it takes to keep aviation disasters as rare as possible.

If you have lost a loved one in a plane crash, you may have cause to file a claim. Please contact the experienced personal injury attorneys at the Cochran Firm. We serve clients nationwide.

posted by Benjamin A. Irwin at 12:28 PM

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