30 Years of Handling Complex Aviation Law Cases
Model airplane next to a gavel and law books
William G. Harger & Associates, PLLC Feb. 26, 2025

How Does the FAA Regulate Aviation Litigation and Accident Claims?

Recognized globally as a pivotal regulatory body, the Federal Aviation Administration (FAA) plays a critical role in ensuring the safety, compliance, and accountability of the aviation industry. But what influence does the FAA have on aviation-related litigation and accident claims?  

This blog will explore the FAA's regulatory authority, its collaboration with the National Transportation Safety Board (NTSB) during investigations, and how its policies and regulations impact legal standards and claim settlements. Whether you're an aviation mechanic, a pilot, or an attorney specializing in aviation law, understanding the FAA’s role in litigation is essential.  

For those facing complicated aviation legal issues, William G. Harger & Associates, PLLC offers the knowledge and experience to guide you through legal challenges. Based in Richmond, Texas, the firm supports clients across Texas, the U.S., and internationally. 

The FAA’s Authority and Regulatory Framework 

The FAA was established in 1958 through the Federal Aviation Act, following years of growing concerns about air safety and the need for oversight in aviation operations.  

Today, the FAA's central mission is to provide the safest, most efficient aerospace system in the world. It achieves this goal by setting clear standards for aircraft maintenance, pilot training, air traffic control, and aviation manufacturing. 

A Foundation of Key Laws and Guidelines 

FAA regulations are codified in Title 14 of the Code of Federal Regulations (CFR). These laws encompass everything from airworthiness guidelines to operational procedures for pilots and airlines. Compliance with these regulations isn’t optional. It’s the foundation of safe and efficient aviation. 

Violations of FAA regulations can have serious implications. Non-compliance poses safety risks and plays a central role in establishing liability during legal disputes. Whether they adhered to FAA guidelines could make or break the case for a pilot or aviation company facing litigation. 

With his extensive aviation and legal background, Attorney Bill Harger offers a unique advantage to clients handling cases influenced by FAA regulations. His hands-on experience as a former mechanic and pilot allows him to unravel technicalities that others may overlook. 

Investigating Aviation Accidents 

Aviation accidents, though rare, demand a thorough investigation to uncover their cause. The FAA collaborates closely with the NTSB, the agency primarily responsible for investigating civil aviation accidents in the U.S. This partnership is guided by detailed protocols to ensure thorough and objective analysis. 

Collaboration Between FAA and NTSB 

The roles of the FAA and NTSB are complementary yet distinct. While the NTSB focuses on determining the probable cause of an accident, the FAA ensures compliance with regulations and addresses any safety violations.  

For major incidents, the NTSB typically deploys a team of technical experts—referred to as a "go team"—while FAA investigators provide vital support. The findings often rely heavily on FAA Form 8020-23, which documents key factors related to aviation accidents. 

Importance of FAA Investigation Reports 

FAA accident reports often serve as pivotal pieces of evidence in litigation. These reports detail the event, assess compliance with aviation laws, and provide insights into safety gaps. Understanding and analyzing these findings is critical for aviation attorneys to build a strong case. 

William G. Harger & Associates, PLLC, is well-versed in leveraging FAA and NTSB reports to support clients. With a deep understanding of investigative procedures, the firm helps uncover critical information that supports claims or defenses in aviation litigation

Liability and Legal Challenges in Aviation 

When aviation accidents lead to legal disputes, questions of liability become central. Determining who is responsible, whether it’s the airline, a manufacturer, a pilot, or another party, requires a thorough understanding of FAA regulations and their application. 

Legal Claims and FAA Regulations 

Common legal claims following aviation accidents include negligence, product liability, and wrongful death. To establish negligence, for example, claimants must often demonstrate that an airline or pilot failed to adhere to FAA standards. Similarly, manufacturers must prove their compliance with airworthiness standards to avoid product liability claims. 

Compliance and Legal Standards 

FAA compliance is often considered a significant factor in assessing liability. However, proving fault within FAA regulatory boundaries can be challenging.  

It requires a detailed understanding of the laws, operational procedures, and technical details. For example, if a pilot’s actions are in question, their training and adherence to FAA-mandated protocols will play a central role in litigation. 

If you are facing such complicated scenarios, having experienced legal representation is necessary. Attorney Bill Harger’s unique background in both aviation and law positions him to provide strategic and effective counsel. 

FAA’s Role in Settling Accident Claims 

The influence of the FAA extends beyond legal liability. It also impacts the claims and compensation process. Many negotiated settlements in aviation disputes take FAA regulations and findings into account. 

Insurance Policies and Compensation  

Insurers rely on FAA reports and compliance records to evaluate claims and determine compensation. Pilots, mechanics, and aircraft manufacturers must recognize how regulatory findings could influence insurance outcomes

Challenges for Claimants 

One of the significant hurdles claimants face is proving fault while navigating FAA regulations. FAA compliance often serves as a defense in litigation, posing challenges for those seeking compensation. 

With decades of experience in aviation law, William G. Harger & Associates, PLLC, excels at guiding clients through the details of mediation, arbitration, and claim settlements. By leveraging insights from FAA investigations and industry practices, the firm helps clients pursue favorable outcomes. 

Emerging Issues and Future Implications 

The aviation industry is rapidly evolving, and new challenges for the FAA’s rules and guidelines come with it. The rise of autonomous aircraft, commercial drones, and other technological advancements is ever-changing. 

For example, emerging technologies like unmanned aircraft systems (UAS) require modernized rules for operation and accountability. The FAA’s role in establishing these guidelines will significantly shape how future accidents and claims are managed. 

The FAA faces the dual challenge of promoting innovation while maintaining stringent safety standards. This balancing act will undoubtedly influence how litigation and claims are handled for years to come. Attorney William G. Harger is prepared to help his clients adapt to the changing factors of aviation law.  

Legal Advocacy for the Challenges Ahead 

The FAA’s regulatory framework is integral to ensuring safety, accountability, and fairness across the aviation industry. From influencing investigations to shaping liability and compensation, the FAA’s impact on aviation litigation is undeniable. 

For those facing aviation-related legal challenges, understanding these regulations and their application is essential. William G. Harger & Associates, PLLC, offers the experience and knowledge needed to address these complicated issues successfully.  

With a former pilot and mechanic leading the charge, clients benefit from unmatched insights into aviation litigation and accident claims. Attorney Bill Harger has over 25 years of aviation law experience. 

If you need help with FAA regulations or resolving an aviation dispute, reach out to William G. Harger & Associates, PLLC, for a free consultation. Based in Richmond, Texas, the firm serves clients across the U.S. and around the world.


RECENT POSTS

Understanding Liability in Aircraft Maintenance Failures  -

When trust is placed in the skies, so much of that trust depends on what's happening on the ground. Proper aircraft maintenance is critical to ensuring the safety of operations. When lapses occur—whether due to human error, negligence, or systemic oversight—the consequences can be catastrophic, leading to serious accidents, loss of life, and significant legal and financial liability.

Read More
How to Navigate Aviation Transaction Legalities  -

Aviation transactions are complicated, highly regulated matters that demand a thorough understanding of the laws and requirements involved. Whether you're purchasing, selling, or leasing an aircraft, you need an attorney who understands this and can save you invaluable time and minimize risk.

Read More