Over Four Decades Of Prevailing Based On The Skilled Presentation Of Evidence And Facts

Oxnard Aviation Accident Lawyer Proudly Serving Californians

Last updated on June 17, 2025

Surviving an aviation mishap can make you feel lucky, even if you are left seriously injured. However, once you grasp the accident’s full impact, that sense of good fortune will likely diminish.

At the Law Offices of John H. Howard in Oxnard, California, attorney John H. Howard and his team offer 45-plus years of experience in aviation law. We handle individual cases and mass torts alike, providing free case consultations to the injured with no upfront cost.

Understanding Aviation Accidents And Negligence

Airplane accidents can seriously harm passengers and ground bystanders alike. Often, negligence plays a role in aircraft and helicopter accidents, directly causing injuries or contributing to them:

  • Pilot error (fatigue, intoxication, inexperience)
  • Improper aircraft maintenance
  • Defective parts
  • Air traffic control errors

A thorough investigation by a reputable lawyer can help determine the specific cause of the accident, pointing the way to a legal remedy.

The Devastating Impact Of California Aviation Crashes

The consequences of plane crashes can be catastrophic, often resulting in severe injuries like these:

  • Spinal cord injuries
  • Traumatic brain injuries (TBIs)
  • Burns
  • Amputations
  • Wrongful death

Associated consequences include emotional and financial strain, high medical costs, lost income, and psychological trauma (anxiety, PTSD).

Seeking Compensation After An Aviation Accident

When negligence causes or contributes to aircraft accident injuries, you may be entitled to compensation, such as:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Wrongful death benefits (for families of those who died)

Mass torts can be a powerful tool for holding negligent parties accountable and obtaining the compensation you deserve. We have considerable experience managing mass torts and individual cases.

Attorney Howard is always on deck at the Law Offices of John H. Howard, but he also holds an esteemed of-counsel role at Lowthorp Richards LLP. This collaboration allows us access to a broader spectrum of resources and skilled professionals as the need arises.

Frequently Asked Questions About Aviation Accidents In California

We are California lawyers who help people find clear answers after aviation accidents. Many clients come to us with the following questions:

What should I do if I was hurt during an airplane accident?

After an aviation accident, your priority should be medical attention. You should:

• Seek medical care immediately, even if injuries do not seem severe, as some issues can appear later
• Document the incident by taking photos
• Keep records of medical treatment
• Preserve any correspondence from the airline or airport authorities
• Avoid discussing fault or liability with the airline or insurance companies before seeking legal guidance

In California, aviation accident cases can involve multiple parties, including the airline, aircraft manufacturers, maintenance companies and even air traffic controllers. As such, it is worth enlisting the services of an experienced personal injury lawyer to handle all the legal matters from the start.

How long do I have to file a lawsuit after an aviation accident in California?

According to California Code of Civil Procedure § 335.1, the statute of limitations for personal injury cases in California, including those arising from aviation accidents, is generally two years from the date of the accident. If a wrongful death claim is involved, the same two-year deadline applies.

However, if the claim is against a government entity, such as a public airport or air traffic control agency, you may have only six months to file an administrative claim. Acting promptly is important. This is because missing the deadline can permanently forfeit your right to compensation.

Can I sue an airline for emotional distress following a near miss incident?

Suing for emotional distress after a near miss can be tricky in California. You cannot usually claim emotional distress alone unless it is tied to a physical injury from the incident.

For example, if the near miss caused a crash and you were hurt, you might include emotional distress in your case. Without physical harm, you would need to prove the airline’s actions were outrageous and directly caused severe mental suffering – something courts do not approve easily.

In such cases, the law focuses on real, measurable harm, making these claims harder to win.

How do weather conditions factor into determining liability in aviation accidents?

Weather conditions, such as storms, turbulence or low visibility, can contribute to aviation accidents, but they do not automatically absolve airlines or pilots of liability. Airlines are responsible for monitoring weather conditions and making necessary adjustments, including delaying or rerouting flights when safety is at risk.

Pilots must follow Federal Aviation Administration (FAA) regulations regarding weather-related decision-making. Liability may still apply if an airline or pilot fails to take proper precautions. Additionally, air traffic control agencies may share responsibility if they provide incorrect or inadequate weather-related guidance.

How does the Montreal Convention affect international aviation accident claims?

The Montreal Convention is an international agreement that applies to accidents on flights between countries that signed it, including the U.S. It sets rules for compensation if you are injured, killed or lose luggage on an international flight. You do not have to prove the airline was at fault – just that the accident happened on the plane or while boarding or exiting.

There is a two-year deadline to file a claim, and damages are capped unless you can show that the airline was reckless. This applies if your flight started or ended outside the U.S. This is a key piece of information for international cases.

What role does the National Transportation Safety Board (NTSB) play in aviation accident investigations?

The NTSB is a federal agency that investigates every aviation accident in the U.S. They determine what went wrong, whether it was a pilot error, mechanical failure or something else, and release a report with their findings. They do not decide who is legally responsible or handle lawsuits; their job is to uncover facts and improve safety.

In California, NTSB reports often get used in court to show what happened, but they are just one part of building a case. The NTSB takes this work seriously, and its conclusions carry weight.

Use Our 45 Years of Experience. Get Help Today

If an aviation accident has immutably changed your life, contact our Oxnard aviation accidents law office at 805-309-9296. With our proven record of success and relentless commitment, you have excellent odds of being compensated justly for your accident injuries throughout the Tri-Counties (San Luis Obispo, Santa Barbara and Ventura Counties). Schedule a free consultation to explore your legal options.