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Aviation accidents can lead to serious injuries, fatalities, and significant financial losses. These cases often involve federal aviation regulations, state negligence laws, aircraft manufacturers, airlines, maintenance providers, and other parties whose actions may have contributed to the accident. Determining what caused the crash and who may be responsible is an important part of pursuing compensation for victims and their families.
Led by Boston motor vehicle accident attorneys Dino M. Colucci, Darin Colucci, and Matthew Marcus, Colucci, Colucci & Marcus, P.C. serves clients throughout Greater Boston, the South Shore, and communities across the Commonwealth. Our team handles aviation accident claims involving commercial airlines, private aircraft, charter flights, helicopters, and other incidents that result in serious injuries or wrongful death.
This page covers the types of aviation accidents that give rise to legal claims, how liability is determined under federal and Massachusetts law, what damages are recoverable, and what to expect from the investigation and litigation process. If you or a family member has been affected by an aviation accident, call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 to schedule a free consultation.
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Professional, Honest, and Responsive
I cannot recommend Attorney Matt Marcus enough for anyone seeking estate planning services. What truly set him apart was his professional integrity, right from the very start…
Very happy with the care, attention and service I received from everyone at Colucci Colucci & Marcus at Law. From day one, everyone was kind, professional and outstanding advocates for me during a very stressful time in my life. I am very happy with the settlement I received. Stephanie & Junyan were kind…
Darin is a great lawyer, works with his clients, and goes all out for everything they can get. Above that, he has the best assistant, Allison, she is always there to help when Darin is doing his outside work. I will recommend this agency to get you everything you deserve…
Every Injury Case Deserves Personal Attention
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Massachusetts has a significant volume of aviation activity centered around Boston Logan International Airport, one of the busiest airports in the northeastern United States. Hanscom Field in Bedford, Beverly Municipal Airport, Plymouth Municipal Airport, and Norwood Memorial Airport add to the state’s general aviation traffic. When an aircraft accident occurs in or around these facilities, the consequences are frequently catastrophic, involving severe burn injuries, spinal cord damage, traumatic brain injuries, or death.
Colucci, Colucci & Marcus, P.C. handles claims arising from a wide range of aviation incidents, including:
Aviation accidents usually result from one or more of the following factors, each of which carries distinct legal implications. Identifying the precise cause is essential to determining which parties bear liability and which legal theories apply to the claim.
Key Takeaway: Aviation accidents in Massachusetts involve commercial airlines, private planes, helicopters, and charter flights. Crashes most often result from pilot error, mechanical failures, or regulatory violations, and each cause points to different potentially liable parties.
Determining whether pilot error, mechanical failure, maintenance issues, or another factor contributed to an aviation accident can be critical to a legal claim. To discuss the circumstances of an aviation accident and your potential legal options, contact Dino M. Colucci at (617) 698-6000.
I cannot express enough gratitude for the outstanding representation and compassion I received from Colucci, Colucci & Marcus, especially Darin Colucci. From the very first conversation, Darin made me feel like more than just a client—he treated me like family. Navigating the aftermath of my accident was one of the most challenging times of my life…
Liability in aviation accident cases is rarely limited to a single party. Federal aviation regulations, manufacturer responsibilities, and maintenance requirements create overlapping duties owed to passengers, crew, and people on the ground. Identifying every responsible party is essential to maximizing the compensation available to victims and their families.
Commercial airlines generally operate as common carriers and are subject to detailed federal operating requirements. Federal Aviation Administration (FAA) regulations under Part 121 govern most scheduled commercial airline operations, while Part 135 governs many charter, air taxi, and commuter flight operations. The specific duties differ by operation type, but both regulatory frameworks can be important in evaluating crew training, maintenance, scheduling, and operational safety.
A failure in hiring, training, or supervising flight crew can create direct liability for the carrier. Carriers may also face liability for negligent scheduling decisions that forced fatigued crews to operate aircraft in hazardous conditions.
Products liability claims against aircraft manufacturers and component suppliers proceed under theories of design defect, manufacturing defect, and failure to warn. Massachusetts defective product claims are commonly brought under breach of the implied warranty of merchantability, M.G.L. c. 106, § 2-314, which requires goods sold by a merchant to be fit for their ordinary purposes.
If a faulty engine, defective landing gear, or flawed avionics system contributed to the crash, the manufacturer, designer, and parts supplier may all bear liability. Retaining qualified engineering experts early in the case is critical to establishing the defect and tracing it to the responsible party in the supply chain.
Third-party maintenance providers and FBOs that inspect, repair, or service aircraft must comply with applicable FAA maintenance, inspection, and recordkeeping requirements. When maintenance errors cause or contribute to an accident, maintenance logs, Airworthiness Directive compliance records, and work orders become critical evidence. Negligent maintenance is a frequent contributing factor in general aviation crashes across Massachusetts.
When an air traffic controller’s error contributes to a crash, the claim proceeds against the United States government under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2671 et seq. The FTCA generally requires the claimant to present an administrative claim to the responsible federal agency within two years after the claim accrues before filing suit in court. ATC errors include improper separation of aircraft, failure to communicate weather hazards, and runway incursion mismanagement.
Key Takeaway: Aviation accident liability can extend to airlines, manufacturers, maintenance providers, and the federal government. Identifying every responsible party early in the case is critical because each carries separate insurance and each may be subject to different legal standards.
The parties responsible for an aviation accident are not always immediately apparent, and different legal standards may apply depending on whether the claim involves an airline, aircraft manufacturer, maintenance provider, or government entity. To discuss how these issues may affect your case, contact Colucci, Colucci & Marcus, P.C. at (617) 698-6000.
Most aviation accident claims involve at least some body of federal law. The Federal Aviation Act established the FAA’s regulatory authority over all aspects of civil aviation in the United States, and federal regulations set the safety standards against which airline and pilot conduct is measured. International aviation accidents may also be governed by treaty obligations.
The Montreal Convention governs liability for international air travel. Under Article 17, a carrier may be liable for passenger death or bodily injury caused by an accident on board the aircraft or during boarding or disembarkation. Article 21 creates a two-tier liability structure: for damages up to 151,880 Special Drawing Rights, the carrier generally cannot exclude or limit liability, though defenses such as passenger contributory negligence may still affect recovery.
Above that threshold, the airline may avoid liability only by proving the damage was not due to its negligence or was solely caused by a third party. The Convention also controls where a lawsuit may be filed. In passenger injury or death cases, Article 33 may allow suit in several designated forums, including the carrier’s domicile, principal place of business, the place of business through which the contract was made, place of destination, and, in qualifying cases, the passenger’s principal and permanent residence.
Federal Aviation Regulations codified in Title 14 of the Code of Federal Regulations establish detailed safety standards for commercial operations (Part 121), charter operations (Part 135), and general aviation (Part 91). In Massachusetts, a violation of an applicable FAA regulation may serve as evidence of negligence, but it is not automatically conclusive by itself. Maintenance records, pilot training logs, and FAA inspection reports are among the most valuable categories of evidence in aviation litigation. Obtaining these records promptly after an accident helps prevent gaps that defendants may otherwise exploit.
Key Takeaway: Federal law, including the Montreal Convention for international flights and FAA regulations for domestic operations, often controls the legal framework of an aviation accident case. Regulatory violations can serve as important evidence of negligence in Massachusetts courts, but they are not automatically conclusive.
For questions about how federal aviation law affects your claim, contact Colucci, Colucci & Marcus, P.C. at (617) 698-6000. We can evaluate how federal and state legal frameworks intersect in your specific case and explain what that means for your path to recovery.
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While federal law governs many aspects of aviation safety, Massachusetts state law controls significant parts of an aviation accident lawsuit, including the wrongful death statute, the statute of limitations for personal injury claims, and the calculation of damages.
M.G.L. c. 229, § 2 allows the executor or administrator of the deceased’s estate to bring a wrongful death action against the party or parties whose negligence caused the death. Recoverable damages may include the fair monetary value of the decedent to the statutory beneficiaries, including reasonably expected net income, services, protection, care, assistance, society, companionship, comfort, guidance, counsel, and advice, as well as reasonable funeral and burial expenses.
Because Massachusetts permits punitive damages in qualifying wrongful death cases, this statute can be particularly significant in aviation crash cases involving gross negligence or reckless conduct.
Filing deadlines vary by claim type, and missing a deadline can permanently bar your right to compensation. The general personal injury statute of limitations under M.G.L. c. 260, § 2A is three years from the date of injury. Wrongful death claims under M.G.L. c. 229, § 2 must be filed within three years of the date of death.
FTCA claims generally require an administrative claim within two years after the claim accrues. If the agency issues a written final denial, suit must generally be filed within six months after that denial. If the agency does not make a final disposition within six months after the claim is filed, the claimant may treat the inaction as a denial and file suit. International flights governed by the Montreal Convention impose a two-year suit deadline, generally measured from the date of arrival at the destination, the date the aircraft should have arrived, or the date the carriage stopped.
| Claim Type | Filing Deadline | Governing Law |
|---|---|---|
| Personal Injury (state) | 3 years from date of injury | M.G.L. c. 260, § 2A |
| Wrongful Death (state) | 3 years from date of death | M.G.L. c. 229, § 2 |
| FTCA (federal government) | Administrative claim within 2 years; lawsuit within 6 months after final denial | 28 U.S.C. § 2401(b) |
| Montreal Convention (international) | 2 years from arrival or scheduled arrival | Montreal Convention Art. 35 |
Key Takeaway: Massachusetts imposes a three-year statute of limitations for both personal injury and wrongful death aviation claims. Federal claims against the government have a shorter two-year administrative deadline. Missing any of these deadlines can permanently bar your right to recover compensation.
The rules governing aviation accident claims can vary depending on the type of claim involved, the parties responsible, and whether federal or international law applies. To discuss how these rules may affect your case, contact Dino M. Colucci at (617) 698-6000.
Dino M. Colucci is the founding partner and lead trial counsel at Colucci, Colucci & Marcus, P.C. Since 1988, he has represented individuals and families in serious personal injury and motor vehicle accident cases throughout Massachusetts. A graduate of Suffolk University Law School and Tufts University, Dino has built a reputation for handling high-stakes litigation involving catastrophic injuries, wrongful death, commercial trucking accidents, and other negligence claims.
Dino has been selected as a Massachusetts Super Lawyer annually since 2012, earned Martindale-Hubbell’s AV Preeminent Rating, and has been recognized by Best Lawyers in America and the National Association of Distinguished Counsel. His extensive courtroom experience and record of significant verdicts and settlements allow him to effectively advocate for victims injured in serious motor vehicle accidents.
Darin Colucci is the managing partner of Colucci, Colucci & Marcus, P.C. and represents victims injured in car, truck, motorcycle, and other motor vehicle accidents across Massachusetts. A cum laude graduate of Suffolk University Law School and former Law Review editor, Darin focuses his practice on personal injury litigation and trial advocacy, helping clients pursue compensation after serious crashes and wrongful death accidents.
Darin has been recognized by Massachusetts Super Lawyers, The National Trial Lawyers Top 100, and the National Academy of Personal Injury Attorneys. His experience securing substantial settlements and verdicts in injury cases, combined with his hands-on approach to client representation, allows him to guide accident victims through every stage of the legal process.
Matthew J. Marcus is a partner at Colucci, Colucci & Marcus, P.C. and brings decades of legal experience to the firm. He earned his J.D. from Suffolk University Law School and later obtained an LL.M. in Taxation from Boston University School of Law. Matthew has been selected as a Massachusetts Super Lawyer annually since 2006 and has served in numerous leadership roles within the legal community.
While his primary practice focuses on estate planning and elder law, Matthew’s experience advising individuals and families on significant legal matters contributes to the firm’s client-centered approach. His background in advocacy, long-term planning, and legal problem-solving provides valuable support for clients and families facing the aftermath of serious accidents and life-changing events.
Aviation accidents frequently result in catastrophic injuries or death, making the damages analysis one of the most important aspects of the case. Massachusetts law allows recovery of both economic and non-economic losses, and in wrongful death cases, punitive damages may also be available when gross negligence is proven.
Economic damages compensate for measurable financial losses caused by the accident. These typically include:
Non-economic damages address losses that do not have a direct dollar value but are equally real. Under Massachusetts law, these include pain and suffering, emotional distress, loss of consortium and companionship, permanent disfigurement, and loss of enjoyment of life. Massachusetts does not impose a statutory cap on non-economic damages in most personal injury or wrongful death cases, which is particularly significant in aviation accident claims where injuries tend to be severe.
Massachusetts allows punitive damages in wrongful death claims under M.G.L. c. 229, § 2 when the death was caused by malicious, willful, wanton, or reckless conduct, or by gross negligence. In aviation cases, punitive damages may be argued where the facts show egregious safety misconduct, such as knowingly operating an aircraft with unresolved maintenance defects or recklessly disregarding known safety risks.
Key Takeaway: Victims of aviation accidents in Massachusetts can recover economic damages, non-economic damages, and, in wrongful death cases involving gross negligence, punitive damages. Massachusetts does not cap non-economic damages in most aviation cases, which allows juries to fully account for the severity of crash injuries.
To discuss the potential value of your aviation accident claim, contact Colucci, Colucci & Marcus, P.C. at (617) 698-6000. Our team can evaluate the economic, non-economic, and, where applicable, punitive damages available based on the specific facts of your case.
The National Transportation Safety Board (NTSB) investigates aviation accidents independently of any civil lawsuit. The NTSB’s purpose is to determine the probable cause of the accident and issue safety recommendations, not to assign legal liability or determine compensation. NTSB investigations typically take 12 to 24 months to complete, and major accident reports may take longer.
Under 49 U.S.C. § 1154(b), no part of an NTSB report related to an accident or accident investigation may be admitted into evidence or used in a civil damages action. Courts may treat underlying factual materials differently from the Board’s final report, analysis, or probable cause determination. However, the underlying factual data gathered during the investigation, such as radar tracks, maintenance records, air traffic control audio, weather observations, and wreckage documentation, may sometimes be admissible in court. Litigating the admissibility of this evidence is a key part of an aviation lawsuit.
Families and victims should not wait for the NTSB to complete its investigation before retaining an attorney. Critical evidence, including flight data recorder contents, cockpit voice recorder audio, and physical wreckage, must be preserved immediately after the accident.
To learn how an NTSB investigation may affect your case timeline, contact us at (617) 698-6000. Our team can explain how the parallel investigation process works and what steps are needed to protect your legal rights while the NTSB conducts its review.
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An uninsured motorist struck me from behind at the end of my driveway while I was shoveling. And was seriously injured. My case was handled with the highest expertise, support and with excellent customer service. I did not expect to have it settled so quickly and was pleasantly surprised with the results. I highly recommend this group…
I had a wonderful experience with Dino and his entire team from CCM when I was involved in an accident while cycling at fault of a motor vehicle driver resulting in multiple injuries. Dino was compassionate and actionable when we first got in touch, and throughout the entire settlement process always made himself available for any questions I had…
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Aviation accident litigation demands early action and access to expert resources that most personal injury cases do not require. Colucci, Colucci & Marcus, P.C. approaches these cases with a focus on immediate investigation, preservation of physical and electronic evidence, and building a liability case supported by expert analysis and federal regulatory records.
Time-sensitive evidence in aviation cases includes flight data recorders (FDRs), cockpit voice recorders (CVRs), air traffic control audio recordings, aircraft maintenance logs, weather data, and the wreckage itself. Our team can send spoliation preservation letters to airlines, maintenance providers, and government agencies immediately upon retention to prevent destruction or alteration of this evidence. Early preservation is often the difference between a strong claim and an unprovable one.
Aviation accident cases rely heavily on expert testimony. We work with accident reconstruction specialists, aviation human factors experts, metallurgical engineers, medical experts, and forensic economists to establish the cause of the crash, the identity of liable parties, and the full extent of the victim’s damages. Expert testimony is frequently required at both the liability and damages phases of litigation.
Aviation insurers operate differently from automobile or premises liability insurers. Specialty aviation insurance markets often underwrite policies with coverage limits in the tens or hundreds of millions of dollars. These insurers employ experienced defense counsel and may offer early settlements designed to minimize their exposure. Our team evaluates every offer against the full scope of recoverable damages and is prepared to litigate through trial when an insurer’s offer is inadequate.
Colucci, Colucci & Marcus, P.C. serves aviation accident victims across Greater Boston, the South Shore, the North Shore, Worcester, Springfield, and all of Massachusetts. We handle cases involving incidents at or near Boston Logan International Airport, Hanscom Field, Beverly Municipal Airport, Plymouth Municipal Airport, and Norwood Memorial Airport.
Whether the accident occurred at a major commercial airport or a small regional airfield, Colucci, Colucci & Marcus, P.C. is prepared to evaluate your claim and pursue every available avenue of recovery.
Aviation accident claims often involve liability issues, federal regulations, and substantial financial losses. Legal representation can help victims and families face these challenges while pursuing compensation from all responsible parties.
Dino M. Colucci and our team at Colucci, Colucci & Marcus, P.C. have represented accident victims across Greater Boston and Massachusetts for years. We handle aviation accident cases on a contingency fee basis, charging no legal fees unless you recover compensation. Whether the accident occurred at Boston Logan International Airport, at a regional airfield, or in Massachusetts airspace, we are prepared to investigate your claim and fight for full recovery.
Call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 to schedule a free consultation. Our office is located at 424 Adams St #101, Milton, MA 02186, and serves clients throughout Boston, the South Shore, and all of Massachusetts.
Aviation accident cases involve unique legal rules and tight deadlines. The following answers address common questions from victims and families considering legal action after a crash in Boston or elsewhere in Massachusetts.
The general statute of limitations for personal injury claims is three years under M.G.L. c. 260, § 2A. Wrongful death claims under M.G.L. c. 229, § 2 must also be filed within three years of the date of death. FTCA claims against air traffic control require an administrative claim within two years. International flights governed by the Montreal Convention carry a two-year suit deadline, so early consultation is critical.
Yes, if the airline, its employees, or another aviation defendant caused or contributed to the fatal crash. Massachusetts’ wrongful death statute allows the executor or administrator of the estate to bring the claim against the responsible party or parties.
Commercial airlines are commonly treated as common carriers and are subject to extensive federal safety and operating regulations. International commercial flights are also subject to the Montreal Convention’s liability rules and damage thresholds. Private and general aviation crashes rely primarily on state negligence law and products liability theories. The liable parties, insurance structures, and applicable regulatory frameworks differ significantly between the two.
No. Under 49 U.S.C. § 1154(b), no part of an NTSB accident report may be admitted into evidence or used in a civil damages action. However, underlying factual materials, such as radar data, maintenance records, and weather observations, may be treated differently from the Board’s final report or probable-cause analysis.
Compensation may come from an airline’s liability insurer, an aircraft manufacturer’s product liability carrier, a maintenance company’s insurer, or the federal government under the FTCA if ATC negligence contributed to the crash. Most aviation defendants carry substantial insurance policies, but maximizing recovery requires identifying all liable parties early in the case.
Your right to sue and where you file depend on where the crash occurred, where the defendant is incorporated or does business, and whether federal or international law applies. An experienced attorney can evaluate jurisdiction and venue options, including whether the Massachusetts federal district court is an appropriate forum for your claim.
Possibly. A claim may be available against the pilot’s estate or applicable aviation insurance, even when the pilot was related to the victim, but estate-claim deadlines, policy exclusions, and the facts of the crash can affect recovery. Product liability claims against aircraft manufacturers and negligence claims against maintenance providers may still be available if the evidence supports those theories, regardless of the pilot’s identity.
Very happy with the care, attention and service I received from everyone at Colucci Colucci & Marcus at Law. From day one, everyone was kind, professional and outstanding advocates for me during a very stressful time in my life. I am very happy with the settlement I received. Stephanie & Junyan were kind…
Professional, Honest, and Responsive
I cannot recommend Attorney Matt Marcus enough for anyone seeking estate planning services. What truly set him apart was his professional integrity, right from the very start…
Darin is a great lawyer, works with his clients, and goes all out for everything they can get. Above that, he has the best assistant, Allison, she is always there to help when Darin is doing his outside work. I will recommend this agency to get you everything you deserve…