Arizona Aviation Crash Lawyer

If you have been injured or you’ve lost a loved one in an aviation accident in Arizona, you may have the right to pursue compensation. Aviation accident cases are often more complex than other personal injury claims because they involve federal regulations, multiple liable parties, serious injuries, and fatalities. A skilled aviation crash attorney can investigate the circumstances of the crash, preserve critical evidence, and help you understand your legal options.

John Kelly and the Kelly Law Team represent victims and families affected by serious accidents, including plane crashes, helicopter crashes, and catastrophic injury cases throughout Arizona.

In many cases, Arizona law allows two years from the date of injury to file a claim. However, shorter deadlines may apply in cases involving government entities.

Recent

Client Testimonials

What Happens After an Aviation Accident?

Insurance companies and defense attorneys move quickly after an airplane or helicopter crash because the potential exposure can be substantial. If liability can clearly be tied to their client, they may seek an early settlement. Accepting an offer before the full extent of the damages is understood isn’t always in the best interest of the injured party or grieving family.

Even seemingly minor aviation incidents can result in serious, life-changing consequences. Victims and families are often left devastated and in shock.

In the aftermath of an aviation accident, victims and their families need more than legal help. They need answers, guidance, and an advocate who will help them pursue the accountability and compensation they deserve.

A skilled aviation crash attorney does not wait for a settlement offer before launching an investigation. Instead, experienced counsel promptly examines flight logs, air traffic communications, aircraft maintenance records, ownership documents, and witness statements to begin building a solid case for the client.

What Makes Aviation Accident Claims Unique?

Unlike many personal injury claims, aviation accidents involve both federal and Arizona law.

Federal Law

The Federal Aviation Administration (FAA) is responsible for regulations governing the aviation industry. It establishes and enforces laws which regulate:

• Pilot Licensing, Testing and Qualifications
• Flight Rules
• Operation of Airports, Including Control Towers
• Aircraft Maintenance Standards

When there is an accident, the National Transportation Safety Board (NTSB) investigates, and issues reports on what went wrong.

Arizona Law

A personal injury claim or wrongful death lawsuit are filed in Arizona court and are governed by Arizona personal injury statutes. Issues which are covered include:

• Who Can File a Claim
• The Types of Damages Which Can Be Specified
• Procedural Rules for the Case

It is also important to work with an attorney who understands Arizona’s pure comparative negligence laws. An injured person or grieving family may still recover damages even if they were partly responsible for the accident. Instead of losing the right to file a claim, compensation is reduced by the person’s percentage of fault.

Building the Case

Dealing with an aviation crash sometimes requires knowing when to call on an accident reconstruction specialist, an airplane mechanic or an expert in aircraft engineering.

Calling on the right witnesses to build a strong, trial-ready case often leads to a successful settlement.

What Types of Damages and Amounts Can Be Claimed?

Arizona personal injury statutes apply to damages which can be claimed by aviation accident victims or family members. They include:

• Economic Damages
• Non-Economic Damages
• In Certain Cases, Punitive Damages

Article 18, Section 31 of the Arizona Constitution ensures that damages are not subject to statutory caps.

Someone who survives an aviation accident with injuries is eligible for:

• Medical Expenses
• Lost Wages (while recovering from the accident)
• Lost Earning Capacity if injuries affect future ability to earn a living
• Pain and Suffering

If a family member is killed in an aviation accident, surviving spouses, children, or parents are entitled to file a wrongful death lawsuit. Eligible damages include:

• Loss of Financial Support
• Loss of Companionship
• Grief and Emotional Suffering
• Estate Claims (medical bills, funeral costs)

What Causes Aviation Accidents?

FAA statistics show that over 70 percent of accidents occur due to pilot error. Mechanical and system failures are the next leading causes of aviation accidents, followed by environmental factors like sudden, unavoidable weather.

Who Can Be Sued?

Pilots and their insurance companies can be named in a lawsuit if pilot negligence was the root cause of an injury accident or fatality. Depending on the facts, other parties which can be sued include the aircraft owner, maintenance companies or mechanics, flight school owners, aircraft manufacturers, parts suppliers, charter operators, and fuel suppliers.

Is Air Travel Safe?

Air travel is far safer than ground travel in terms of passenger miles logged. However, when an airplane goes down, it is almost always front-page news. One reason is that air crashes are more likely to involve severe or fatal injuries.  Also, commercial jet crashes can claim large numbers of lives in a single incident, making them memorable and attracting widespread media attention.

What Types of Aviation Accidents Occur?

Small airplane and helicopter accidents are far more common than accidents involving large commercial carriers. Common types of aviation accidents occurring in Arizona involve:

• Private Airplanes
• Helicopters
• Charter Aircraft
• Flight Training Operations
• Aerial Tour Operations
• Medical Transport Helicopters

Phoenix has heavily trafficked airspace

With this heavy mix of air traffic, comes the likelihood of more frequent aviation accidents.

Hundreds of commercial jets fly in and out of Sky Harbor Airport, Phoenix-Mesa Gateway, and Scottsdale Airport daily.

Several small community airports, like Chandler Municipal Airport, Falcon Field, Buckeye Municipal Airport, and Deer Valley Airport, are home to private aircraft and see a lot of general aviation traffic throughout each day.

Military aircraft are based at Luke Air Force Base, Papago Military Reservation and Goldwater Air National Guard Base.

Air Traffic in Other Parts of Arizona

Adding to air traffic around Phoenix, helicopter tours feature sites like the Phoenix skyline, Camelback Mountain, and the Sonoran Desert.

Other areas in Arizona also experience heavy air traffic. Arizona’s many natural wonders draw tourists to several places, and air site-seeing tours are popular in those locations.

The Grand Canyon has always been the most popular area for sightseeing from helicopters and small airplanes. Helicopter flights over the Sedona area also are frequent. Other tours take sightseers over the Lake Powell and the Horseshoe Bend areas.

What Do NTSB Statistics Tell Us?

National Transportation Safety Bureau (NTSB) statistics for Arizona are available through the Case Analysis Reporting Online (CAROL) database. They indicate that general aviation accidents far outnumber crashes of major commercial carriers.

In Arizona, there were 11 injuries and no deaths due to accidents involving commercial airlines between 2008 (when the CAROL system started) and 2024. However, there were numerous injuries and deaths in general aviation accidents in each of those years.

Injuries and deaths in Arizona due to general aviation accidents have dropped somewhat over the years the CAROL system has been in place. (53 injuries and 14 deaths in 2008 to 36 injuries and 4 deaths in 2024).

Still, those numbers are too high, especially if a loved one is involved.

When Does NTSB Say Air Crashes Occur?

About 65 percent of general aviation accidents happen during the landing phase of flight, according to the NTSB General Aviation Accident Dashboard: 2012-2021. The report lists “Enroute” as the second most accident-prone phase of flight, followed by “Maneuvering,” “Takeoff,” and “Approach.”

Of 11,739 Accidents with Findings categorized by NTSB on the General Aviation Accident Dashboard, the following causes were listed: (Accidents often involve multiple contributing factors, so totals may overlap)

• Personnel Issues (Pilot Error) – 9,506
• Aircraft (Power, Aircraft Structure, Aircraft Systems) – 9,439
• Environmental Issues (Weather) – 5,216
• Not Determined – 1,182
• Organizational Issues – (Support, Oversight, Monitoring) – 155

What is the Reporting Threshold for Aviation Crashes?

Pilots and aircraft operators are required by Federal Aviation Regulations to report all accidents immediately. The operator of an aircraft must notify the National Transportation Safety Board. A reportable accident is defined as an occurrence where a fatal or serious injury is sustained, or the aircraft receives substantial damage.

Also, the aircraft operator must file a written report within 10 days of the accident.

Do I Have a Case?

If negligence contributed to an airplane or helicopter crash that caused serious injuries or the loss of a loved one, the Kelly Law Team begins by listening to your story, answering your questions, and explaining your legal options. Our Phoenix aviation accident attorneys understand the importance of conducting a thorough investigation, preserving evidence, and documenting injuries and damages.

When we accept your case, we support you as you begin rebuilding your life. We handle the legal complexities, keep you informed, and work to ease the burdens you and your family are facing.

The Kelly Law Team is committed to holding negligent parties accountable. We have the experience and resources to build a thorough, trial-ready case, uncovering the facts surrounding the crash. We pursue the full compensation available for medical expenses, lost income, pain and suffering and wrongful deal damages resulting from the aviation accident.