Aviation Expert Witness: A Hiring Guide

Right now, there are about 5,000 commercial airplanes in the sky over the United States. Unfortunately, the combination of high speeds, high altitudes, and volatile chemicals make flying an extremely dangerous form of transportation. The odds of dying in a commuter plane accident are 29 times higher than driving in a car. This makes lawsuits against manufacturers and airlines inevitable.1 Because these lawsuits usually involve technical and regulatory knowledge, an aviation expert witness is necessary in litigating aviation cases. An aviation expert witness can explain certain engineering, design, or human aspects to the judge and jury as well as determine the cause of accidents.

Expert Witness Services: NTSB Report Analysis and Litigation Support

After a plane crash, the accident scene and the salvaged remains are taken into the custody of the National Transportation Safety Board (NTSB). This can last for up to a year and a half, as remains must be preserved for examination. The released NTSB reports are often vague with no determination of a root cause. What's more, the NTSB's opinions on probable cause are not admissible as evidence at a trial.

While manufacturers, airlines, and insurance representatives have full access to the wreckage, the plaintiffs do not. This inequality means plaintiffs must conduct their own separate investigation and consult an aviation expert witness—specifically, one able to analyze the NTSB’s report and draw conclusions about the proximate cause of the accident based on the facts available to them. The aviation expert witness should have a background in aviation mechanics and engineering to analyze the report's facts and uncover the cause of the accident.

Expert Witness Services: Failure Analysis and Forensic Examination

An aviation expert witness in this field can examine the evidence of a helicopter or plane wreckage. They will then use their knowledge of mechanical engineering to determine the machine-driven factors of a crash. Given access to part of the wreckage, investigators can figure out the mechanical problems with the aircraft’s equipment. Or they can examine the systems that caused or contributed to the crash. This could include parts breakage and failure of the plane’s system controls for the fuel system or landing gear. They also can speak to proper aircraft maintenance and repairs and whether the aircraft in question was maintained at a level of airworthiness by the airline.

Expert Witness Services for Pilots and Aircrew: Training, Performance, and Regulatory Compliance

For tort cases and possible violation matters, the blame is most often placed on either the manufacturers of the vehicle or on pilot error. A pilot expert witness could speak to the standards of training, health, and performance to determine if a pilot made a mistake. They are familiar with the Federal Aviation Administration’s regulations regarding crews and can testify as to whether a pilot operated within his or her scope of authority for any given action. Most pilot experts are or were experienced professional aviators themselves. Therefore they have firsthand experience with the demands and responsibilities of flying.

Expert Witness Services for External Factors: ATC, Weather, and Systems

There are other, external, factors that could lead to an airplane accident besides problems with the pilot or the mechanics of the vehicle. For example, both human and computer failure in the air traffic control system put airborne passengers and crew at high risk for crash. An aviation expert witness with expertise in air traffic control systems would be current or retired professionals in the field. Aerospace engineers and meteorologists could be brought in to speak about how favorable or unfavorable weather conditions may have affected the flight. Any one of numerous factors that go into making a successful flight could be a focus in a case.

1 http://www.dailymail.co.uk/news/article-2204838/Rush-hour-skies-Real-time-map-shows-plane-air-right-now.html

2 http://www.resource4aviationlaw.com/