Austin Airplane / Aviation Accident Attorneys

Texas has nearly 400 public-use airports and more than 29,000 registered aircraft, according to the Federal Aviation Administration. Over the past 50 years, more than 2,700 of the crashes that occurred in this state were fatal, according to data compiled by planecrashmap.com from NTSB records. Nowhere in Texas is aviation activity more concentrated than in the Austin metro, and the skies above Austin-Bergstrom International Airport have had their own close calls.

When a crash does happen, survivors and their families face a case that is far more complicated than a car accident. Airlines, manufacturers, and their insurance carriers are already working to limit their exposure from the moment a crash occurs. Adam Loewy has spent his career representing seriously injured Texans and the families of people who did not survive. Loewy Law Firm has the experience and resources to handle aviation accident cases from independent investigation through final resolution.

Why an Airplane Accident Requires a Highly Experienced Attorney

A car accident typically has one at-fault driver. An airplane crash can bring the airline, the aircraft manufacturer, a maintenance company, and federal air traffic controllers into a case at the same time, each with its own investigators and attorneys working from the moment it happens.

The National Transportation Safety Board also launches a federal investigation that can take a year or more, focused on aviation safety, not victim compensation. Airlines and manufacturers are frequently granted party status in that investigation. Victims are not. A civil case proceeds separately and requires its own independent evidence gathering. Loewy Law Firm builds that case in parallel.

Airplane Accident Case Types

Loewy Law Firm represents victims and families across a wide range of aviation accident cases throughout Texas:

• Commercial airline accidents, crashes, hard landings, in-flight injuries, and runway accidents on major and regional carriers
• Private plane crashes in small general aviation aircraft operated by private pilots
• Charter flight accidents on non-commercial charter operations
• Helicopter accidents, including medical transport, tour, and private helicopter crashes
• Air traffic control failure cases where ATC error contributed to a collision, runway incursion, or injury
• Runway and ground accidents, including injuries during boarding, deplaning, and ground operations at the airport

If you were injured in an aircraft accident in or near Austin, or if your family lost someone in an aviation crash anywhere in Texas, Loewy Law Firm can evaluate what happened and who bears responsibility.

Causes of Airplane Accidents and Liable Parties

In cases of airplane crashes, multiple factors can converge to cause a crash. An engine problem may point to a maintenance failure. A pilot’s poor judgment may reflect inadequate training from the airline. An ATC miscommunication may compound a mechanical problem already in progress. Identifying every contributing cause, and every party responsible for it, is one of the most consequential steps in an aviation accident case.

Pilot Error

Pilot error is the leading cause of aviation accidents. Fatigue, poor judgment under pressure, skipping pre-flight safety checks, misjudging weather, and miscommunication with air traffic control can all produce catastrophic results. A pilot’s failure to meet the standard of care can create liability for both the pilot and the airline or operator that employed them.

Mechanical Failure and Defective Parts

Aircraft depend on hundreds of components working correctly. A manufacturing defect, design flaw, or improper installation can cause a part to fail in flight, and the manufacturer or supplier of that part may bear responsibility for the harm that results. Mechanical failure cases require expert analysis of maintenance records, component histories, and the specifications of the failed part.

Air Traffic Control Failures

Air traffic controllers manage aircraft spacing, runway assignments, and takeoff and landing clearances. A miscommunication, an incorrect instruction, or a failure to warn flight crews of hazards can put aircraft on a collision course. Cases against the federal government for ATC errors carry specific procedural requirements, and Loewy Law Firm handles those cases.

Maintenance Negligence

Airlines, charter operators, and maintenance organizations are required to keep aircraft in airworthy condition. Skipped inspections, improper repairs, and failure to follow manufacturer maintenance schedules can create the conditions for mechanical failure mid-flight. A maintenance company whose negligence contributes to a crash can be held accountable for the consequences.

Airline and Charter Operator Negligence

Airlines and charter operators carry a duty to operate flights safely, and that duty extends beyond the cockpit. Pressuring crews to fly in unsafe conditions, permitting fatigued pilots to take off, and failing to train crews properly all fall within an operator’s responsibility. When those failures contribute to an accident, the operator can be held liable for the injuries and deaths that result.

Injuries in Aviation Accidents

Aviation accident injuries are consistently among the most severe seen in personal injury law. Impact forces, fire, and rapid deceleration produce injuries that frequently require long-term or permanent medical care.

Traumatic Brain Injuries

Head trauma, or a sudden change in speed and pressure, can cause traumatic brain injuries ranging from concussions to severe brain damage. TBIs can permanently affect memory, personality, decision-making, and a person’s ability to work or live independently, and the associated medical costs frequently extend for years or decades.

Spinal Cord Injuries

Crash impact can damage or compress the spinal cord and produce partial or complete paralysis. Cervical spine injuries can cause quadriplegia; injuries lower in the spine can result in paraplegia. Recovery requires intensive rehabilitation, and spinal cord injury survivors typically need ongoing medical support for the rest of their lives.

Severe Burns

Aircraft fires are a serious risk when highly combustible jet fuel ignites on impact. Burn injuries may require multiple surgeries, skin grafts, and extended hospitalization, and they frequently result in permanent scarring or disfigurement.

Fractures and Internal Injuries

Sudden impact can cause broken bones throughout the body, and internal organs, including the liver, spleen, and kidneys, can sustain serious damage. Internal injuries are not always apparent immediately and can worsen without timely medical attention.

Psychological Trauma

Surviving an aviation accident can cause post-traumatic stress disorder, severe anxiety, and lasting psychological harm. Psychological injuries are compensable in Texas even when no physical injury is visible.

Wrongful Death in an Aviation Accident

Families who lose someone in a plane crash face both grief and a set of time-sensitive decisions about how to pursue accountability. Texas law provides two separate avenues for recovery.

Texas Wrongful Death Cases

Texas Civil Practice and Remedies Code § 71.002 allows family members to bring a wrongful death case when a person’s death results from another party’s wrongful act, neglect, carelessness, or default. Section 71.004 of the same code limits who can bring that case to the surviving spouse, children, and parents of the deceased. Siblings and other relatives do not have standing, regardless of how close they were to the person who died.

Eligible family members can file individually or together. If no eligible family member files within three months of the death, the personal representative of the estate is required to file on the family’s behalf.

Wrongful death damages can cover:

• Loss of the financial support the deceased provided
• Loss of care, guidance, and companionship
• Mental anguish of surviving family members
• Loss of consortium for a surviving spouse

Survival Actions

A survival action, brought by the estate under CPRC § 71.021, recovers damages for what the deceased person suffered between the accident and their death, including medical expenses, physical pain, and funeral costs. Wrongful death and survival actions are typically filed and tried together.

Damages in an Aviation Accident Case

An aviation accident case can seek compensation for the financial losses you have incurred and the broader impact the accident has had on your life.

Economic Damages

• Medical expenses, past and future
• Lost wages and reduced earning capacity
• Costs of ongoing care, rehabilitation, or adaptive equipment

Non-Economic Damages

• Physical pain and suffering
• Permanent disability or disfigurement
• Mental anguish
• Loss of enjoyment of life
• Loss of consortium for a surviving spouse

In cases where a responsible party’s conduct was especially reckless, punitive damages may also be available. Texas Civil Practice and Remedies Code § 41.008 caps punitive damages, and the specific limits depend on the facts of each case.

Texas Deadlines for Aviation Accident Cases

The statute of limitations for personal injury in Texas sets a two-year deadline for personal injury and wrongful death cases. For personal injury, that deadline runs from the date of the accident. For wrongful death, it runs from the date of death, as set out in CPRC § 16.003.

Aviation accident cases carry an additional time-sensitive dimension. Flight data recorders, cockpit voice recordings, maintenance logs, and air traffic control communications need to be preserved and obtained while they are still accessible. Airlines and manufacturers begin securing that evidence immediately after a crash. An attorney can take formal steps to preserve that evidence on your behalf.

Cases where a government entity played a role, including FAA air traffic control, carry separate administrative notice requirements with shorter timelines that apply before a lawsuit can be filed.

Frequently Asked Questions

Can I sue an airline after an airplane accident?

Yes. Airlines can be held liable for accidents caused by negligent pilots, fatigued crews, improper training, and maintenance failures, among other operational failures. Commercial airlines owe passengers the highest duty of care under Texas law as common carriers.

Can I sue the airplane manufacturer if a part failed?

If a manufacturing defect, design flaw, or improper installation contributed to the crash, the manufacturer or parts supplier may be liable. For smaller private aircraft, a federal law called the General Aviation Revitalization Act limits product liability against manufacturers for aircraft that have been in service for more than 18 years, though specific exceptions apply.

Does the NTSB investigation determine who owes me compensation?

No. The NTSB investigates to determine the probable cause of a crash for aviation safety purposes. It does not assign civil liability and does not award compensation to victims. A civil case is a separate process entirely.

Can Loewy Law Firm Handle Accidents at or near Austin-Bergstrom Airport?

Cases connected to airport operations or air traffic control at AUS may bring federal parties, including the FAA, into the picture. Loewy Law Firm can evaluate the specific circumstances of your accident and identify all parties who may bear responsibility.

How long does an aviation accident case take?

Aviation accident cases typically take longer to resolve than standard personal injury cases. Investigations, expert analysis, and litigation with multiple defendants all extend the timeline. Loewy Law Firm pursues the maximum recovery available and sees each case through to resolution, whether by settlement or trial.

Talk to an Austin Aviation Accident Attorney

Airlines, manufacturers, and maintenance companies act quickly to protect their own interests after a crash. Adam Loewy has spent his career going up against exactly those parties on behalf of seriously injured Texans and the families of victims who did not survive.

Loewy Law Firm offers free consultations and takes aviation accident cases on a contingency basis. There is no fee unless you recover compensation. Call (512) 280-0800 for a free, no-obligation consultation.