What are the dangers associated with aviation?

A wrongful death suit, arising out of the deaths of a father and son at an air show in Shelby County, has been filed in Jefferson County Circuit Court.

On September 23, 2006, John W. Smitherman, Pam Smitherman and their son, Landon, attended the “Wings and Wheels Air Show” in Calera, Alabama, which was sponsored by the Birmingham Aero Club Air Safe Foundation.

Mr. Smitherman and his son were paying passengers on a Beech Bonanza F-33 aircraft provided by its owners for use at the show. Shortly after take off from the Shelby County Airport, the airplane experienced a total loss of engine power and inadvertent stall due to a lack of fuel.

While Mrs. Smitherman watched, the airplane crashed, causing the tragic deaths of Mr. Smitherman and his son.

Defendants named in the lawsuit are C.J. Aviation, the Executrix of the Estate of Clayton Reuse, Birmingham Aero Club Air Safe Foundation and Jon Rogers, who was one of the owners of the airplane.

When filing the suit, Cole Portis, a lawyer in the firm, stated: “Our firm was selected to represent Pam Smitherman, a courageous lady who lost her husband and son in the crash. She desires for the complete story of this airplane crash to be made public so that in the future safety is the paramount issue for the Air Show and pilots. The deaths of John and Landon were senseless.

The Birmingham Aero Club Air Safe Foundation and the pilot failed to ensure there was enough gas in the plane’s engine before taking off with these two victims. Once the pilot realized his plane was out of gas, he maneuvered the plane in a manner that was contrary to accepted pilot standards.

Mrs. Smitherman witnessed the horrific deaths of her husband and only son, which has caused her tremendous mental pain and anguish.”

What can I do if I have been involved in an aviation accident?

In many cases, airlines and/or manufacturers of aircraft will contact the survivors or their families of an aviation disaster. An insurance company representing an airline or a manufacturer may offer to settle your family's claim very quickly.

An insurance company may also attempt to offer some type of "advance" to help with many of the costs faced by families as the result of a death or severe injury.

One should not accept any of these offers or sign anything without speaking to an attorney. In many instances, an insurance company will offer to settle your claims for an amount substantially less than you are entitled to. Therefore, it is important to be advised of all of your legal rights and the damages you may recover in an aviation disaster.

If you or a loved one has suffered a serious injury as the result of an aviation disaster, you may be entitled to compensation. For a free legal consultation, contact us today!