Commercial Aviation Lawsuit

Commercial aviation is the operation of flights to make a profit by transporting passengers and cargo. Businesses use various fixed-wing aircraft and helicopters to operate commercial flights. Types of aircraft used for commercial purposes range from propeller-driven, single-engine planes to four-engine jets configured to carry more than 600 people.

Airline flights with regularly scheduled service, cargo companies and charter companies are considered commercial aviation.

Fixed-wing commercial aircraft can be broken into categories such as:

• Large jets with more than 100 seats
• Regional and medium jets with 100 or fewer seats
• Small jets such as those considered business jets
• Turboprop-powered aircraft
• Piston-engine aircraft

In some cases, commercial aircraft are involved in crashes with general aviation or military aircraft.

Commercial aviation crash statistics

According to the National Transportation Safety Board (NTSB), there were 1,176 U.S. commercial aviation crashes from 2008 to 2023. Of that number, 451 accidents and 72 deaths were attributed to regularly scheduled airline flights. Another 725 accidents and 419 deaths were attributed to charter and air taxi flights.

There are numerous types of commercial aviation crash lawsuits. Some lawsuits may deal with more than one of the factors discussed below.

Pilot error, crew member fatigue and inadequate training

Pilot error encompasses a wide variety of air crashes. Flight crew fatigue and inadequate training can factor into these errors.

The February 17, 2025 Delta Air Lines crash at Toronto Pearson International Airport was the subject of lawsuits alleging negligence. Plaintiffs claim the crew of the Delta flight, operated by Endeavor Air, didn’t follow standard landing procedures and lacked adequate training. While there were no deaths, passengers are filing lawsuits for physical and emotional injuries suffered when the jet flipped upside down. Motley Rice represents a number of passengers from this crash.

Motley Rice commercial aviation attorneys have represented victims in several other plane crashes related to pilot error, including:

• The Asiana Airlines Flight 214 crash at San Francisco International Airport, which led to the death of one person during evacuation of the Boeing 777
• The Air France Flight 447 crash, which led to the deaths of all passengers aboard an Airbus A330
• The crash of Colgan Air Flight 3407, a Bombardier Q400, which stalled upon the approach to its destination

Design and manufacturing defects

If manufacturing defects lead to a commercial plane crash, people may be able to file lawsuits against the manufacturers.

A manufacturing defect is at the heart of high-profile lawsuits involving two crashes of the Boeing 737 MAX. The company used the Maneuvering Characteristics Augmentation System (MCAS) to compensate for changes to the flight characteristics of the 737 MAX. The MCAS is supposed to make the 737 MAX handle like the previous 737NG variant.

Plaintiffs allege that the MCAS system, coupled with inadequate pilot training, led to the deaths of 346 people in two crashes just months apart. Motley Rice represents victims of the Ethiopian Airlines Flight 302 crash, which was the second of the two 737 MAX 8 crashes.

Mechanical failure and maintenance issues

Mechanical failures and maintenance errors can lead to injuries and death.

In 2018, a mechanical failure caused the death of one person aboard Southwest Airlines Flight 1380. A fan blade in one of the plane’s engines broke off, causing an uncontained engine failure. Shrapnel from the damaged engine opened a hole in the fuselage, nearly pulling the passenger from her seat.

A maintenance issue caused the crash of American Airlines Flight 191 in 1979. The plane’s left engine came off during takeoff from O’Hare International Airport in Chicago. This damaged the plane’s hydraulic systems and affected its handling characteristics. Two hundred seventy-one passengers and crew members died, as did two people on the ground.

Air traffic control

One of the most recent crashes in connection with an air traffic control issue was a mid-air collision over the Potomac River in Washington, D.C. A U.S. Army-operated Sikorsky UH-60 Black Hawk helicopter collided with American Airlines Flight 5342, a Bombardier CRJ700. The Black Hawk had a crew of three, and 64 people were aboard the CRJ700. There were no survivors.

According to the latest reports in the ongoing crash investigation, multiple factors – including the unexplained absence of one of two air traffic controllers assigned to the landing – likely played a role in the accident. Read an analysis of the reports from Motley Rice attorney Mary Schiavo.

The mid-air crash of a Lockheed Martin F-16 and a Cessna 150 in July 2015 was also attributed to an air traffic control error. Motley Rice represented the family of Michael and Joseph Johnson, a father and son who both died at the scene of the crash.

Acts of terrorism

Some of the most traumatizing aviation crashes are the result of terrorism. In addition to the actions of individual terrorists, failures in security protocols can make airlines and their passengers vulnerable.

Motley Rice attorneys represent survivors of passengers killed in the September 11, 2001, terrorist attacks. Our law firm launched a worldwide effort to uncover possible negligence by airlines, airports and security companies that terrorists may have exploited to carry out the hijackings and crashes.

A commercial aviation attorney can help you if you’ve been injured in a plane crash or you’re the loved one of an air crash victim. It’s important to connect with a lawyer who has experience with commercial aviation lawsuits. Aviation law is complicated, and investigations might take months or years.

The Motley Rice aviation law team has decades of experience working with the Federal Aviation Administration (FAA), the National Transportation Safety Board (NTSB) and other relevant agencies. We’ve also litigated against powerful, well-funded defendants on our clients’ behalf.

Our attorneys can review your claim, analyze applicable laws and gather evidence to pursue justice in federal court. We also have experience representing clients internationally.

What damages are available in a commercial aviation incident lawsuit?

Plane crash victims or their loved ones may be able to sue those responsible for:

• Emotional distress
• Loss of consortium
• Healthcare costs
• Pain and suffering
• Punitive damages

A settlement or favorable verdict may result in financial compensation for plaintiffs.

What’s considered commercial aviation?

Commercial aviation refers to passenger or cargo flights operated to generate revenue for the aircraft operator. General aviation and military aviation comprise most other types of flights.

Can I sue for personal injury or wrongful death from a commercial plane crash?

It’s possible to sue for harms resulting from a commercial plane crash or other types of incidents, such as people on the ground at the crash site being injured. If you’ve suffered or a loved one has suffered injury or death from a commercial plane incident, contact an attorney to review your case.

How often do commercial planes crash?

From 2008 to 2023, the National Transportation Safety Board recorded 1,176 commercial aircraft crashes and other incidents. Nearly 500 people died as a result.

The Motley Rice aviation litigation team has decades of experience seeking justice for commercial aviation disaster victims and their survivors.

Mary Schiavo is an attorney, author and former U.S. Department of Transportation inspector general. She frequently serves as an analyst for media interviews. Mary is committed to improving aviation safety by advocating for improved policies and practices. She has represented victims and survivors of numerous aircraft disasters, including the September 11 terrorist attacks.

Former Air Force navigator James Brauchle has more than two decades of experience with aviation lawsuits. Jim represents the families of those who perished in the Boeing MAX crashes. He also handles cases related to commercial and general aviation aircraft manufacturers.

Talk with an aviation attorney today.