Aviation accidents — plane crashes, helicopter accidents, charter flight disasters — cause catastrophic injuries and wrongful death. The legal landscape is unlike any other injury case: federal agencies take control of evidence, multiple parties may share liability, and the federal-state law overlay creates complexity that demands immediate, experienced action. If you or a family member was injured in an aviation accident in Missouri, the time to act is now.
(573) 499-0200 — free consultationAviation accident claims combine federal regulatory law, state tort law, and specialized liability doctrines that rarely appear in any other type of personal injury case. When a plane crash or helicopter accident occurs, the National Transportation Safety Board (NTSB) deploys investigators and takes custody of wreckage — often before injured victims or their families have any chance to act. The Federal Aviation Administration (FAA) maintains jurisdiction over aircraft certification, pilot licensing, and airworthiness standards.
Claims against air traffic controllers employed by the federal government must be brought under the Federal Tort Claims Act, with specific administrative prerequisites and different limitations periods. Meanwhile, the injuries tend to be catastrophic — traumatic brain injury, spinal cord damage, severe burns, crush injuries, and wrongful death. Missouri's pure comparative fault system under RSMo §537.765 governs negligence claims against non-federal parties, but the overall liability picture often involves multiple defendants operating under different legal frameworks.
Call (573) 499-0200 or contact us online to discuss your case. No fee unless we win.
General aviation — small private and charter aircraft — accounts for the overwhelming majority of aviation accident fatalities in the United States. Understanding the landscape helps illustrate the unique legal challenges these cases present and why acting quickly matters.
Sources: NTSB Aviation Accident Database · FAA Accident & Incident Data · RSMo §516.120
Aviation accidents rarely have a single cause. Investigators typically find overlapping failures — a pilot error compounded by a maintenance deficiency, or a design flaw made worse by inadequate training. Identifying every responsible party is essential to full recovery.
Pilot error is the leading cause of general aviation accidents — misjudged weather, spatial disorientation, improper fuel management, and failure to follow instrument procedures. Pilots have a duty of care to passengers. Charter and air taxi operators may also bear vicarious liability for their pilots' negligence.
Engine failures, landing gear malfunctions, and control system failures can trace back to design defects, manufacturing errors, or inadequate maintenance. Product liability claims against aircraft manufacturers and parts suppliers may survive independent of negligence — strict liability applies where a defective product causes injury.
FAA-certified mechanics and repair stations have legal obligations to inspect and maintain aircraft to airworthiness standards. Failure to catch a developing fault — or signing off on work that wasn't done — can expose a maintenance company to significant liability for injuries that result.
Air traffic controllers employed by the FAA can issue incorrect clearances or fail to warn pilots of terrain or traffic. Claims against federal ATC must be brought under the Federal Tort Claims Act, which requires administrative filing before a lawsuit can proceed.
VFR pilots flying into Instrument Meteorological Conditions — "VFR into IMC" — is a leading cause of fatal accidents. Liability can rest with the pilot for poor go/no-go decisions, or with flight schools or dispatchers who cleared an unqualified flight.
Airport operators — including municipal governments in Missouri — have a duty to maintain runways, taxiways, lighting, and obstruction clearances. Inadequate signage or obstructions in the approach path can give rise to premises liability claims against the airport operator.
In aviation cases, the investigation begins the moment an accident is reported — and most of it happens without the injured victim's participation. The NTSB controls the wreckage. The FAA pulls records. Insurance companies begin their own investigation. You need legal representation that starts on the same day. Contact Bur Oak Injury Law immediately — no fee unless we win.
Aviation accident claims in Missouri operate at the intersection of federal regulatory authority and state tort law. The Federal Aviation Administration sets airworthiness standards, pilot certification requirements, and operational rules under Title 14 of the Code of Federal Regulations. The National Transportation Safety Board independently investigates aviation accidents and issues safety recommendations — but its findings are not binding in civil litigation and cannot be introduced as evidence of causation in federal court.
Missouri negligence claims against pilots, aircraft operators, charter companies, and maintenance providers are governed by the state's pure comparative fault doctrine under RSMo §537.765, which allows an injured victim to recover even when they bear some portion of fault. Product liability claims against aircraft manufacturers may be subject to the General Aviation Revitalization Act's 18-year statute of repose, though exceptions exist for aircraft used in commercial service and for accidents involving fraudulent concealment of a defect. Claims against federal employees — including FAA air traffic controllers — must be brought under the Federal Tort Claims Act, which requires administrative exhaustion before filing suit and is subject to limitations periods that differ from Missouri's.
Under RSMo §516.120, most personal injury claims in Missouri must be filed within five years of the accident — a window that shortens to three years for claims arising after August 28, 2026. Wrongful death claims carry a separate three-year limitation under RSMo §537.100. Federal Tort Claims Act claims require an administrative claim within two years and a lawsuit within six months of the government's final denial. But the more pressing reason to act quickly is evidence. The NTSB takes control of wreckage early. Black boxes and flight data recorders are retrieved and analyzed by federal investigators. Maintenance records, ATC audio recordings, and radar data are preserved or destroyed on government schedules, not yours. Contact Bur Oak Injury Law immediately after an aviation accident in central Missouri.
No fee unless we win. Chris Miller handles every case personally across central Missouri.