Friday, August 22, 2008

Which Accident Law Applies in a Car and Airplane Collision?

Freak accidents, like a car and airplane collision, rarely happen but when they do, the consequences are often fatal. Some people may also find it odd to ask which accident law should apply to freak accidents.

It depends on the given situation and the contributing factors in the accident.

In one of these rare accident cases, such as the one mentioned in “Airplane and Car Collide on Interstate 40”, posted on August 13, 2008, a car collided with an experimental plane that made an emergency landing on Interstate 40 west of Needles.

The article, which was based on a news story regarding the accident, mentioned two conflicting facts. Initially, it said that the aircraft was “preparing to take off when it was struck by a vehicle”. In another part, it said the plane “was flying just above traffic, when it flew lower into the path of a vehicle”, when the accident occurred.

This motor vehicle versus aircraft collision seldom happens and in this case, the pilot incurred severe injuries and died instantly at the scene of the accident while the car driver and the three passengers suffered only minor injuries.

Although the accident is being investigated by both the Federal Aviation Administration and the National Transportation Safety Board, for the victim or his survivors, they may pursue their claim based on the applicable car accident law.

The claim for damages in this accident must be pursued under laws governing car or motor vehicle accidents because of the following elements:

• The accident happened on the road (Interstate 40)

• The aircraft happened to be “parked illegally” on a freeway, which is, traditionally, a conveyance for motor vehicles such as cars, trucks, and other motor vehicles.

• One of the parties involved is a motor vehicle