In February, a helicopter crashed north of Phoenix, Ariz., killing five people. On board that helicopter were pilot John “Rick” Morton and Thomas J. Stewart, along with Stewart’s wife, child and brother-in-law. According to an investigation by the National Transportation Safety Board, the passengers and pilot most likely knew they were going to die moments before their chopper went down. Stewart and his family were on their way back to Scottsdale after spending a long weekend at the family’s ranch near Flagstaff. While an official cause for the crash has yet to be determined by investigators, a mechanical failure is suspected to be at the root of the helicopter’s problems. Witnesses who saw the helicopter go down claim that pieces of the aircraft were falling from the sky just moments before the crash.

Now the pilot’s wife, Charlotte Morton, and her adult daughter, Brenda, have filed a lawsuit against the mechanic who did repairs on the helicopter and his company, Cascade Airframe Repair Inc., as well as the manufacturer of the aircraft, Eurocopter, and the previous owner of the helicopter, Clearwater Corp. Lawyers for the Morton family allege that those named in the suit are negligent because they had knowledge that the chopper’s blades were faulty. One of the main rotor blades on the crashed aircraft had been severely damaged after flying through a intense thunderstorm and had undergone extensive repairs by both Cascade and Eurocopter. The lawsuit states that the cause of the crash was a crack that developed along the edge of the rotor blade, leading it to expand and separate while in flight. The lawsuit is seeking unspecified damages and none of the defendants has made an official response to the suit.

Morton had been the Stewart family’s personal pilot for years. Previously, Morton was a U.S. Army veteran who had flown helicopters in Vietnam. He accumulated more than 11,000 hours of flight time during the past 30 years of his career. He was killed on the day of his 38th wedding anniversary.

In an international tragedy last month, Polish President Lech Kaczynski, his wife and 94 other passengers were killed in a plane crash outside the Russian city of Smolensk. As Poland and the world mourned the loss of the president and many Polish leaders, investigators went to work to find out what caused the flight to go down in a treacherous ravine.

Last week, a preliminary report unveiled that at least two passengers visited the cockpit before it crashed, while several other passengers are said to have been using cell phones while in the air. Cell phone use on airplanes can affect navigation. In this case, proper navigation was crucial as the pilots were navigating through dense fog and challenging terrain. These details were published last week in a report conducted by Russian and Polish authorities. Russia and Poland, who previously have failed to cooperate on local and international matters, are determined to join forces in this case in an effort to heal their rocky relationship.

The investigation thus far has uncovered at least two voices not belonging to crew members on the cockpit flight recorders. What the voices said and who they belonged to has not been revealed yet by officials. The voices were heard a little more than 15 minutes before the plane crashed. One of the voices, however, is believed to be that of Air Force Commander General Andrzej Blasik. News of unknown passengers in the cockpit has furthered speculation by the international press that President Kaczynski or someone in his entourage pressured the crew to land, despite the already-poor visibility having shrunk to about 660 feet.

The airplane that went down on April 10th was filled with political figures en route to a memorial ceremony for Polish officers killed by Soviet secret police in 1940. Russian and Polish investigators also are looking into whether the terrain around the Smolensk military airport distorted instrument readings.

In local newspapers around the country, unfortunate stories of older people with physical impairments who continue to operate a car and subsequently cause fatal accidents periodically wind up on the front page. More often than not, it is later revealed in most of these cases that the driver should not have been driving at all. Accidental deaths, injuries and property damages are just a few the nightmares that can occur when an older person no longer able to drive sits behind the wheel of the car. So imagine the horror of losing your loved ones in an airplane crash caused mainly by the 86-year-old pilots’ deteriorating vision. Several families experienced this unthinkable tragedy in June 2008 in northern Ohio.

The pilot, Gene Damschroder, was hosting a pancake breakfast at the airport to benefit the local Lions’ Club and taking people up for airplane rides after that event. Mr. Damschroder was a highly experienced pilot who had flown since he was twenty years old. Killed in the crash were Mr. Damschroder, Bill Ansted, 62, and Allison Ansted, 23; Danielle Gerwin, 31, and Emily Gerwin, 4, and Matt Clearman, 25.

The National Transportation Safety Board issued a report last week which stated the pilot of the airplane, Gene Damschroder Sr., was to blame for the accident. Damschroder had been warned by his eye doctor not to drive as the man had been in treatment for macular generation for two years. Macular degeneration is a condition that usually affects older adults and results in the loss of the ability to recognize faces, read or drive. Despite this dangerous disorder, the pilot denied having vision problems when he received his airman certificate in 2007. The NTSB noted the Federal Aviation Administration now has revoked the certificate of the medical examiner who approved Damschroder’s paperwork after the doctor had reported that there were no problems with his vision.

While the NTSB could not prove that Damschroder’s eyesight alone was the cause of the plane crash, investigators concluded that he used poor judgment in continuing to fly the plane; those who witnessed the accident said the aircraft was flying at a low altitude and banking before it crashed. Furthermore, the report said that based on medical knowledge of his condition, Damschroder would have had difficulty seeing readings on the cockpit instruments as well as objects on the ground. The World War II seaplane pilot also had been involved in a traffic accident just 10 days prior to the crash, according to the NTSB. Damschroder had told a state trooper that glaring sun in his eyes kept him from noticing an oncoming vehicle as he was making a turn into the airport.

Families of the victims have filed a lawsuit against the the estate of Damschroder, while the pilot’s son has admitted that his father’s declining vision and reflexes may have been the main reason for the crash.

Whether you’ve simply been stranded on the tarmac for hours at a time or your life has been affected by an unforeseen airplane crash or accident, we can all agree that something needs to be done to protect passengers. In fact, ask your co-workers or friends and you’re sure to hear one or several airline nightmare stories. So perhaps the time for a Passenger’s Bill of Rights has arrived. Over ten years in the making, The Passenger’s Bill of Rights is either the best thing to happen to air travel since honey roasted peanuts or it is a classic case of “too little, too late.” It all depends on whom you ask.

The bill of rights, endorsed and pushed by President Obama, restricts airlines from keeping passengers tapped on a grounded flight for more than three hours and mandates that the airlines must provide adequate food, water and restrooms for all passengers on board. Airlines who choose to ignore the new rules, which are expected to go into affect on April 29th, will be slapped with a steep $27,000 fine. Frequent fliers are clearly the ones who stand to gain here as do aviation crash attorneys if the airlines do not play by the rules. Many business travelers have long waited for changes in the industry and have wasted too many hours stuck somewhere when they could be working or returning home. Others, though, think these changes aren’t enough, and the protections for passengers need to go even further.

The airlines, as you can imagine, are none too thrilled with The Passenger’s Bill of Rights. Many airlines, like Southwest, have already begun fighting back by implementing premature cancellations of scheduled flights during harsh weather conditions to avoid a possible fine in the future. This is sure to cause even more drama at the already anxiety-infused airports of today. The debate of what exactly is best for travelers is sure to rage on over the next several months.

If you or a loved one has been injured in an aviation accident, the idea of taking the matter to court can be overwhelming, especially when dealing with loss or injury.  Contacting a lawyer can seem daunting and overwhelming but it is always the best solution to make sure you are not taken advantage of.  Contacting an aviation attorney about an accident, will answer many of your questions.  You may find that you are entitled to compensation for injuries as well any lost wages or damages that you or a loved one sustained as a result of a crash.

Aviation lawsuits can certainly be complex.  A single accident can result in claims being filed against a pilot, the airline, the mechanics, the NTSB, the FAA, and the manufacturers of the plane.  Any combination of these individuals, companies, and agencies can be deemed at fault for an accident, which can overwhelm the average passenger.  Make sure to reach out to an experienced aviation attorney, who will understand how to handle these agencies and the lawsuit itself.  While you will have to provide your statement for each aspect of the case, an attorney will work hard to make the situation as stress free as possible and will work to quickly bring resolution to the case.

An attorney will also work to ensure that you are able to receive proper medical care until your case is resolved.  If another party is found to be at fault for the accident, a lawyer will work to ensure that past and future medical expenses related to the crash are covered and that all damages due will be awarded.  It is never easy to deal with a catastrophic injury or death of a loved one.  Having an experience aviation attorney will help provide some comfort at a time when all you have are questions.  You should not let yourself deal with the aftermath of your accident alone.

It is very important to refrain from signing any paperwork after an aviation accident without contacting a lawyer.  Agreeing to any settlement or signing papers agreeing not to seek future damages can strip you of your right to compensation if further injuries or problems arise as a result of the crash.  An experienced aviation attorney will know how to handle all aspects of a case, from investigations and paperwork to court cases for both criminal and civil charges.  When you have been the victim of an aviation accident, you need to find an attorney who will fight for all of your rights as well as to ensure that you receive the compensation and care that you deserve.

Patrick Bailey was recently interviewed by TalkZone travel network for his insight on the current increase in aviation accidents of private charter planes.  These chartered aircraft include services like NetJets, Helicopter Tours and privately owned and operated aviation equipment.  Patrick Bailey of Bailey & Partners, a Los Angeles Law Firm, gives great insight into the challenges and problems we are facing.  He also shares a lot of information about the changes that are being made to remedy some of the shortcomings in Aviation.