Miami International Airport Cargo Plane Crash: Understanding the Legal Questions That Follow a Major Aviation Accident

The aviation accident at Miami International Airport on Sunday is a devastating event for the families and individuals affected and for our South Florida community.

Amazon Prime Air Flight 7598, a Boeing 767-300 cargo aircraft operated by 21 Air, overran a runway while landing at Miami International Airport after arriving from San Juan, Puerto Rico. The aircraft struck multiple vehicles before catching fire. Authorities have reported at least five fatalities and five injuries, including three people who were critically injured. The National Transportation Safety Board is leading the investigation into the accident.

At this stage, the cause of the accident has not been determined, and it would be premature to draw conclusions about what happened or who may ultimately bear responsibility.

What is already clear, however, is that accidents involving commercial aircraft can present legal and factual issues that are considerably more complex than many other catastrophic personal injury matters.

Aviation Accidents Can Involve Multiple Parties

The name or logo on an aircraft does not necessarily tell the entire story about who owns, operates, maintains, or controls it.

In this instance, the cargo aircraft was operating for Amazon Prime Air but was operated by 21 Air. That distinction illustrates one of the first issues that must be examined following a commercial aviation accident: the relationships among the companies and entities involved.

Depending on the circumstances and what investigators ultimately determine, an aviation accident may require examination of the aircraft operator, aircraft owner or lessor, maintenance providers, component manufacturers, contractors, airport operations, and other entities.

Identifying those relationships is only the beginning. Determining whether any party bears civil responsibility requires a careful review of the evidence and applicable law. Cases involving numerous parties, jurisdictions, and sophisticated legal issues may also become forms of complex litigation.

Insurance, Choice of Law and Jurisdiction Can Add Another Layer of Complexity

Determining who may be responsible is only part of the legal analysis following a major aviation accident.

These cases can also involve complex questions surrounding insurance coverage and policy interpretation, including which policies apply, how different layers of liability insurance interact, and whether competing policies may create election-of-remedies issues.

When an accident involves interstate or international operations, additional questions may arise concerning conflict of laws, applicable international treaties and conventions, venue, jurisdiction, and which state’s or country’s substantive law governs particular claims.

Even automobile insurance policies may become relevant when individuals on the ground or occupants of vehicles are injured.

Resolving these issues can require careful analysis of multiple insurance contracts, contractual relationships, and potentially competing bodies of state, federal, and international law.

Federal Investigations and Civil Claims Serve Different Purposes

The National Transportation Safety Board investigates aviation accidents to determine what happened, identify contributing factors, and make recommendations intended to improve transportation safety.

A civil investigation serves a different purpose.

Attorneys representing injured individuals and families may independently evaluate the circumstances surrounding an accident to determine whether negligence, defective equipment, improper maintenance, operational failures, or other conduct contributed to an injury or death.

That analysis can require review of flight information, aircraft maintenance records, crew training and qualifications, operating procedures, communications, weather information, surveillance footage, mechanical systems, and other technical evidence.

Major aviation cases can therefore require a multidisciplinary investigation involving attorneys, aviation professionals, engineers, and other experts.

Aviation Accidents Can Affect People on the Ground

Aviation litigation is not limited to passengers and flight crews.

Sunday’s accident is a stark reminder of that reality. Authorities have reported that the aircraft left the runway area and struck several vehicles before coming to rest.

When an aircraft accident injures or kills people on the ground, additional questions may arise concerning where the accident occurred, which entities controlled or operated different areas, and what circumstances contributed to the injuries.

For the people and families affected, those legal distinctions are understandably secondary to the immediate human consequences. They can nevertheless become critically important when determining what happened and whether civil liability exists.

Preserving Evidence Can Be Critical

Major aviation accidents generate a significant amount of physical, electronic and documentary evidence.

Depending on the circumstances, relevant evidence may include aircraft maintenance and inspection records, flight data, operating manuals, personnel and training records, communications, photographs, video recordings, electronic information and physical components from the aircraft.

Some evidence will be collected and preserved by federal investigators. Other information may remain in the possession of private companies or third parties.

Preserving relevant evidence and understanding how the pieces fit together can be an important part of determining responsibility.

Accountability Begins With Understanding What Happened

There will be significant attention on the Miami International Airport accident as the investigation continues. More facts will emerge as investigators examine the aircraft, its operation, and the circumstances surrounding the landing.

Those facts should drive any legal analysis.

For families dealing with a catastrophic injury or the loss of a loved one, obtaining answers can be an important part of the process. Experienced counsel can help preserve evidence, identify the parties involved, retain appropriate experts, and independently evaluate whether the circumstances create a basis for civil liability.

Grossman Yaffa Cohen represents individuals and families in complex catastrophic injury, wrongful death and product liability matters, including litigation involving multiple defendants, extensive technical evidence and significant questions of corporate responsibility.

Stuart Z. Grossman, co-founder of Grossman Yaffa Cohen, has spent decades representing individuals and families in catastrophic personal injury, wrongful death, products liability, and aviation accident matters.

If you or your family has been affected by an aviation accident and would like to understand your legal rights, the attorneys at Grossman Yaffa Cohen are available to speak with you confidentially.

Contact Grossman Yaffa Cohen to learn more.

Who can be held liable after a commercial aviation accident?

Potentially responsible parties can vary considerably depending on the facts and may include an aircraft operator, owner, maintenance provider, manufacturer, contractor, or other entity. Liability cannot be determined until the circumstances of the accident have been investigated.

What is the difference between an NTSB investigation and a civil aviation lawsuit?

The NTSB investigates accidents to determine what happened and identify transportation safety issues. A civil case focuses on whether a person or entity may have legal responsibility for injuries or deaths resulting from the accident.

Can someone injured on the ground bring a claim after a plane crash?

Potentially. Aviation accidents can result in injuries to individuals outside an aircraft, including people in vehicles, buildings, or surrounding areas. Whether a civil claim exists depends on the circumstances and applicable law.

Can more than one company be responsible for an aviation accident?

Yes. Commercial aviation often involves multiple entities responsible for aircraft ownership, operation, maintenance, manufacturing, and other services. Determining the relationships among those parties can be an important part of an aviation accident investigation.

Why are insurance and choice-of-law issues complicated in aviation accident cases?

Aviation accidents can involve multiple insurance policies, different layers of liability coverage, and parties located in different states or countries. As a result, questions may arise regarding which insurance policies apply, how those policies interact, which jurisdiction’s law governs the claim, and whether international treaties or conventions are relevant.

What evidence is important after an aviation accident?

Depending on the circumstances, relevant evidence can include flight information, maintenance and inspection records, operating procedures, training records, electronic communications, video recordings, physical aircraft components, and other technical information.

Can families pursue wrongful death claims following an aviation accident?

Depending on the facts and applicable law, surviving family members may have the ability to pursue a wrongful death claim when negligence or another legally actionable cause contributed to a fatal aviation accident.