Commercial air travel is statistically the safest form of transportation. However, when airplane accidents do occur, passengers may find themselves seriously injured while far from home.
Once the initial shock of learning that you or a loved one has been injured in an airplane accident wears off, you may feel overwhelmed as you search for answers to many questions, including: what should I do in the immediate aftermath of an airplane accident and how will I seek compensation later?
In this two-part blog post, I first outline some steps Canadians injured in airplane accidents abroad and their loved ones should take to protect themselves and prepare for what may be ahead. In a second post, I explain why the complexity of aviation law – particularly when there is an international component to a case – makes it essential to seek legal advice from an experienced aviation lawyer.
At A Glance…
- Seeking Safety and Immediate Medical Assistance
- Documenting What You Can About the Event
- Contacting An Experienced Airplane Accident Lawyer for Legal Advice
- Saving All Relevant Records and Receipts
- Contacting Your Insurer
- Contacting the Canadian Embassy or Consulate
- Accepting that in Challenging Circumstances, You May Not Have Known Exactly What to Do
Get to Safety
Following any accident-causing personal injury, your first step must always be to ensure your own safety and the safety of people in your care by protecting yourself and them from additional injury.
Depending on the nature of the accident and the extent of your injuries, you may be relying on first responders to treat you and remove you from a dangerous situation. But, in the event of an accident in which the plane crashes or collides with another vehicle, if you are capable of exiting the plane it is advisable to get at least 500 feet (150-200 meters) away from the wreckage, and stay upwind if possible. Not only is jet fuel highly flammable, but secondary explosions or toxic fumes can also cause serious injury. Airlines suggest the first 90 seconds after a crash is “golden time” when you have the potential to reduce your risk of additional injury or death by quickly and calmly exiting from emergency exits.
Seek Medical Attention
First responders will likely examine anyone involved in an airplane accident for injuries, and transport the most seriously injured to hospital.
However, note all serious medical conditions present symptoms immediately. Some passengers – particularly those in a state of shock – may not realize they have sustained traumatic brain injuries, nerve damage, or other significant internal injuries. Even if you are not sent to a hospital directly for treatment, you should seek medical treatment and monitor yourself and your loved ones for new or worsening symptoms in the first few hours and days following an accident.
Document the Event
Mass casualty events or accidents which require all passengers to immediately exit the aircraft will prompt large-scale investigations by transportation authorities.
However, once you are at a safe distance, taking photos or videos of the scene and any visible physical injuries can be helpful when building a case in the future. If you remember anything about the moments leading up to the first indication there would be an accident, use a voice memo or note to record them for future reference.
Collecting the contact information of witnesses to the accident, if an emergency evacuation is not necessary, can also be beneficial. These witnesses may be able to provide additional details for an investigation that may not have been evident to you at the time.
Ensure that you keep all evidence and documentation linked to the flight and the accident, including tickets and medical reports. If police are contacted, ask for a copy of their report or instructions on how to obtain this report if a copy cannot be obtained before you leave the country.
Seek Legal Advice from An Experienced Airplane Accident Lawyer
In Part 2 of this blog post, I describe some of the complexities of aviation law involving international travel. Not all personal injury lawyers have practice experience in this field of law, and without access to extensive knowledge of international aviation law and relevant statutory and case law in specific jurisdictions, you may not be able to make an informed decision about how to pursue a claim for compensation.
Contact Your Insurer and The Canadian Embassy
Most people travelling internationally purchase travel insurance policies or have other forms of health insurance which may cover all or part of the cost of medical care in another country. These insurance policies may also potentially provide travel assistance to facilitate your trip home if you require ongoing care.
However, if you or a person providing care to you are required to pay out of pocket for any medical or other expenses as you treat and recover from your injury, carefully document the amounts and save all receipts. If you cannot seek reimbursement from the insurer, you may be able to claim these costs as damages in an eventual lawsuit.
Alerting the nearest Canadian Embassy or consulate to the accident and your injury is also advisable – particularly if any loved ones are planning to travel to your location to assist you, or if ongoing communication with the country’s justice system may be necessary. Global Affairs Canada offers assistance through its 24/7 Emergency Watch and Response Centre.
Be Careful When Accepting Immediate or Interim Compensation
As I discuss in Part 2, specific aviation treaties and national laws in certain countries require air carriers to offer advance payments to meet the immediate economic needs of persons entitled to claim compensation for injuries or fatalities caused by an accident. Airlines not bound by these laws may also opt to offer advance compensation.
It is strongly advisable to consult an experienced aviation lawyer prior to accepting these offers to ensure your right to seek additional compensation is not limited by certain language in forms you are asked to sign to release these funds.
Moving Forward After an Airplane Accident
A traumatic airplane accident is a life-changing event for many people. If you are reading this blog post well after your or your loved one’s accident and realizing there were things didn’t do or didn’t know you should do at the time, please don’t be too hard on yourself. You were making decisions under immense stress and potentially while experiencing intense physical pain or emotional suffering.
Experienced airplane accident lawyers can often help you build a strong case even if you do not have all evidence at hand. Similarly, even if you have signed a waiver that has limited your claim, the circumstances surrounding how your signature was obtained may allow it to be challenged in court.
As someone who has practiced personal injury law relating to airline injuries for many years, I understand and empathize with what you and your loved ones are going through. If you need legal advice following such an injury or want to know if you can pursue a claim for damages, please feel free to contact me for a no cost, no obligation initial consultation.
Although the road ahead of you may seem terribly uncertain, at HSH LLP, we can show you that Hope Starts Here.
