Flying is one of the safest modes of transportation, but crashes happen. In 2016, the NTSB reports there were a total of 1,335 crashes and 408 fatalities. That’s not even close to the number of vehicle crashes each year, but injuries do happen. If you’re injured during a flight, what are your rights? Can you sue?

Many Things Can Happen on a Flight

A plane doesn’t have to crash in order for injuries to occur. Turbulence, infectious diseases, improper handling of food, and faulty equipment can all lead to injuries. For example, one of North Carolina’s public health departments contacted three dozen passengers who may have been exposed to Hepatitis A during an American Airlines flight. Some passengers had to undergo vaccinations as a preventative measure.

Turbulence is one of the more common ways people are injured during flights. As the plane is exposed to the shaking and bumps, passengers may get hit with objects falling from overhead compartments. A food cart may start rolling and hit passengers. People who aren’t buckled in may get thrown from their seats. If the staff hasn’t taken proper precautions to secure items or warn passengers, the airline could be liable for injuries.

What about situations where an emotional support animal that’s allowed on the flight bites someone? Who is to blame then? Is it the animal’s owner or the airline? When a Delta passenger was bitten by an emotional support dog in 2017, he sued both the animal’s owner and the airline. Delta was named in the lawsuit because the airline’s policy stated larger support dogs had to be on the floor, but the staff allowed the dog to sit on the animal owner’s lap, where the dog was able to reach and bite the passenger in the face.

Don’t forget emotional injuries. When pilots landed at the wrong airport and stopped abruptly, the plane filled with the smell of burnt rubber. One passenger knew it was the wrong airport and that the shorter runway ended near a cliff. That knowledge led to a fear of flying that cost him a higher paying job. He sued the airline for mental anguish.

What Factors Determine Whether It’s Worth Suing?

If you or a loved one is injured during a flight, there are a few factors to consider. Did the injury occur because of pilot error? If a pilot is sick, impaired, or excessively tired, that negligence on the pilot’s part could be to blame. Had the pilot been fine, the crash might not have happened.

Could the flight crew be to blame? If they failed to do the pre-flight checks to make sure baggage compartments are shut and passengers are buckled in, they are negligent. In this case, the airline would be the target of a lawsuit. One such case involves an airline flight attendant who knocked over a woman’s cup of hot tea while passing milk to another passenger. The cabin crew allegedly failed to offer any help to the woman who had burns on her legs and hip.

Was there a problem with the plane? Did the pre-flight check get rushed or skipped? If someone missed that there wasn’t enough fuel or that something wasn’t working, the lack or negligent maintenance is to blame. If a piece of equipment on the plane was defective, the manufacturer could be blamed for any injuries resulting from the defective equipment.

Did the air traffic control crew make a mistake? If the person in the tower sent a plane to land on the runway where another plane was sitting, it’s another case of negligence. The FAA is responsible for air traffic control workers. As they are a government agency, the lawsuit would be against the government.

It can be hard to know exactly who is at fault. If the crew missed a faulty piece of equipment during routine maintenance or inspections, is the crew to blame or is it the manufacturer? Are both to blame? The specifics of your complaint matter. You could have a valid case against the airline, the FAA, or another passenger.

This is why it’s important to talk to personal injury attorneys who specialize in airline crashes. Trial Lawyers for Justice offer free consultations. You don’t pay a penny unless the attorneys win your case. They’ll walk you through the steps to take in. Reach the personal injury attorneys at TL4J 24 hours per day through live chat or by calling 1-866-TL4J-LAW.

Commercial trucks are substantially larger than most vehicles. Box trucks and 18-wheelers can cause significant damage to your car and your safety. Even with a seatbelt and airbags, you could sustain head injuries, internal injuries, bone fractures, cuts, and bruising. If you’re in an accident with a commercial truck and the truck driver is at fault, what are your legal rights?

State Licensing Bureaus Set Commercial Driving License Standards

Each state is responsible for setting the standards for commercial driving licenses (CDL). A CDL is required for driving a commercial motor vehicle like an 18-wheeler or box truck. While it’s up to the state, the Federal Motor Carrier Safety Administration (FMCSA) does set the training standards that drivers must meet before gaining a Class A or B CDL. The programs usually entail a mix of studying from a CDL manual and behind-the-wheel training.

While the requirements for a CDL can vary from state to state, many key rules remain the same in every state.

In California, a commercial driver has to be a California resident at least 18 years of age for in-state work and 21 or older for jobs that require traveling over the state lines. Jobs involving the transportation of hazardous material or waste also require the driver to be 21 or older. The background check on a driver will go back 10 years. Drivers who are handling hazardous waste or materials must also go through a security threat assessment with the TSA. Before you can have a CDL, you must be a Class D licensed driver for at least a year, pass a health examination, and go through periodic drug tests.

Iowa’s laws are similar in terms of ages, health exams, drug tests, and residency. There are two parts to a CDL exam: written and a practical driving test.

With these different background checks, testing procedures, and limitations on what and where you can drive, the goal is for a truck driver to be a safe, knowledgable driver. That doesn’t prevent all accidents though. If a driver disobeys any of these rules, fails a drug test, or is improperly vetted before taking a job, you have every right to sue for damages to your vehicle, your medical expenses, loss of income, and pain and suffering.

Common Accidents With Commercial Trucks

What are some of the most common ways that accidents involving a commercial truck happen?

Wide Turns

Swinging wide is something drivers do to make a wide turn. The driver will use the neighboring lane to widen the angle at which a turn is made. If there is a car or pedestrian in the lane the driver swings into during that wide turn, there’s a strong risk of collision.

Jackknifing

Jackknifing is a case where the trailer of an 18-wheeler turns too sharply and forms a 90-degree angle with the cab. It often happens when the driver brakes hard. If an 18-wheeler gets into this situation, it can block entire lanes and hit multiple cars in a matter of seconds.

Ice or Tire Blowouts

If ice slides off the roof of a commercial truck or a tire blows and sends rubber flying into the travel lane, it can easily smash windshields and damage the front end. If you’re behind a commercial truck and this happens, the farther behind the truck you are, the easier it is to avoid major damage.

Blind Spots

Blind spots are a huge issue for any truck driver. It’s hard for a driver to see cars on the side or right behind the back of the truck or trailer, but that doesn’t mean the driver can just move out without knowing if there’s another car there. If the driver moves into the other lane and a car is in the blind spot, it can be devastating. Blind spots can also be an issue if the driver is backing up and your car is in the lane or drive behind the truck. To avoid being in a blind spot, a car has to be 30 feet back from the trailer or leave an entire empty lane between the 18 wheeler and the car when passing. If an interstate only has two lanes, it’s impossible to leave one full empty lane.

When You’re in the Accident Do These Three Things

If you’re in an accident with a commercial truck, take care of yourself first. It’s possible you have serious injuries. Listen to the doctors and take as much time resting up and allowing your body to heal as is necessary. Insurance can cover lost wages.

File an accident report with the police if they haven’t already started one. Get a copy of that accident report and call your insurance company to start a claim. Give the insurance company as much information as you can. Witnesses, medical bills, dashcam footage, and photos are all helpful.

Talk to a lawyer. If the other driver didn’t have a valid CDL, had a history of DUI, or had been on the road for more hours than the state allows, you have a case against that trucking company and the driver. An attorney who specializes in crashes with commercial trucks will help you file a claim if necessary.

Trial Lawyers for Justice specializes in all types of vehicle accidents. If you’ve been injured in an accident with a commercial truck, you have rights. Talk to the attorneys at TL4J if you don’t feel that you’ve been treated fairly. Consultations are free, so there’s no risk to learn more.

The National Safety Council tracks the number of people who die on U.S. roadways. The organization has done so since 1921. In 2016, 2017, and 2018, the number of deaths resulting from injuries sustained in a car accident have topped 40,000 each year.

If you’re in a car accident involving fatalities, you face far more than physical injuries. The emotional toll of watching someone who is dying can be extremely hard to handle. A fatal car crash often has drivers and passengers trapped in the crushed metal framing of the car they’re in. Sometimes, people are ejected through windows and thrown yards from the vehicle. Property damage can be extensive. If you survive a car crash where there were fatalities, prepare yourself for the physical and emotional toll.

Focus on Your Care First

If you were involved in the accident, it’s very likely you’re injured. Often those injuries are severe. While you’re at the hospital, see if a friend or family member can take photos of the vehicles in the crash and the scene. If you have a dash cam installed in your car, someone needs to get the SD card or save a copy of the video footage before, during, and after the crash. If you can’t get someone to go to the scene and you’re able to communicate with the police, tell them how the camera’s dash cam footage is recorded and how to save it.

Do not deny medical care, however. Shock and adrenaline surge through your body following a crash. Adrenaline is epinephrine, and it helps the body with a fight or flight response in times of danger. One of the things it does to help is reduces the ability to feel pain while you’re in danger.

You could be bleeding internally and not realize it. You could have a head injury that you’re not aware of. Ignoring it can put your life at risk. It’s critical that you let a doctor look you over, take x-rays or other scans, and ensure you really are okay. In crash involving fatalities, it’s very likely you have injuries such as fractures, internal bleeding that requires surgery, or sever lacerations. Let a doctor treat you. If you worry about the cost, remember that automobile insurance policies cover medical expenses.

Talk to the police and make sure you get a copy of the accident report, the other driver’s/drivers’ details, insurance information, and witness contact information. Your insurance agent will need this when processing a claim.

Make sure you’re taking care of yourself emotionally, too. Stress and anxiety are common after you’re in a fatal accident. You may be haunted by visions of the accident scene. You’ll need therapy for PTSD.

What If You’ve Lost a Loved One Due to a Fatal Accident?

When you’re loved one gets behind the wheel to go to work, take a trip, or run errands, no one wants to imagine what happens if that driver is killed. If you’re a victim because another driver crashed into your family member or significant other and killed him/her, it’s a devastating blow. Grief counseling is important during upcoming weeks and months.

You have a funeral to pay for, but it can take weeks or months before you see any money. Auto insurance may not cover all of the expenses you face. You have all of these issues to attend to while you’re also heavily grieving. You should talk to an attorney that specializes in wrongful death claims.

Talk to an Attorney

Around 10 percent of car crashes today are linked to distracted or sleepy drivers. If you saw the driver that crashed into you and other cars on a phone, using the GPS system, or driving recklessly in some manner, call an attorney as soon as you can.

An insurance claims agent will look at the value of your car, your medical bills, the amount of time you can’t work, and property damage. Those monetary figures are used to come up with the settlement offer. It may not be close to being enough money.

In that fatal accident, you could be left with permanent disabilities that impact your life. You may not be able to remain in your chosen career. It may be harder to care for your children and family. You may suffer from PTSD that keeps you from feeling safe in any type of vehicle. This will impact your finances for the rest of your life.

You need to talk to a personal injury attorney about your accident. An attorney can look over the settlement offer and decide if it’s fair. If not, the attorney will have valuable insight on what steps you should take next. Trial Lawyers for Justice offer free consultations and advice for victims and families of fatal car crashes.

Attorneys at TL4J have helped victims and their families win more than $1.5 billion in wrongful death and personal injury settlements and verdicts. Call them today at 866-TL4J-LAW to discuss your situation.