Helena, MontanaHelena Aviation Accident
Helena Aviation Accident Lawyers: Plane Crashes, Helicopter Crashes and Small-Aircraft Accidents Near Helena Regional Airport
Boland Aarab PLLP.
A plane or helicopter crash near Helena starts two processes: a federal safety investigation, usually by the NTSB, and a civil claim for the people hurt and the families left behind. Those are separate. Helena cases often involve Helena Regional Airport, mountain terrain along the Continental Divide, and federal court at the Paul G. Hatfield Courthouse.
Key Takeaways
- The NTSB’s investigation is fact-finding with no adverse parties (49 C.F.R. § 831.4), and its Board accident reports cannot be used in a civil damages case (49 U.S.C. § 1154(b)).
- Montana gives 3 years for most injury and wrongful-death claims (§ 27-2-204, MCA). Claims against the United States must be presented within 2 years (28 U.S.C. § 2401(b)).
- The General Aviation Revitalization Act can bar claims against manufacturers 18 years after delivery, with important exceptions.
Hurt, or lost someone, in an aircraft accident near Helena? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What aviation activity is there around Helena?
More than most people realize, and several kinds share the same airspace.
- Helena Regional Airport (HLN). The airport, at 2850 Skyway Drive on the city’s northeast side, has three runways: 9/27 at 9,000 feet, 5/23 at 4,644 feet and 16/34 at 2,989 feet. It serves airline flights, charter operators, flight training, private pilots and business aircraft.
- Military helicopters. The Montana Army National Guard’s Army Aviation Support Facility has been on the airport’s north side since 1994. It is home to the 1-189th Aviation Battalion, which flies UH-60 Black Hawk, CH-47 Chinook and UH-72 Lakota helicopters and C-12 fixed-wing aircraft. Large military transports also use the 9,000-foot runway.
- State aviation. The Aeronautics Division of the Montana Department of Transportation, which is headquartered in Helena, registers aircraft and supports Montana’s airports.
- Backcountry, firefighting and air medical flights. Small aircraft and helicopters work the surrounding mountains in fire season, in search and rescue, and on medical transports.
The terrain and weather. Helena sits in a valley ringed by mountains, with the Continental Divide to the west. Mountain flying means rising terrain, turbulence and downdrafts over ridges, changing weather, and reduced aircraft performance on hot summer days. In winter, icing, low ceilings and snow add risk. None of that excuses an operator, maintenance shop or manufacturer whose failure caused the crash. Pilots and operators are expected to plan for mountain conditions.
What happens after an aviation accident in Helena?
The investigation. The NTSB generally leads investigations of civil aircraft accidents. The FAA may investigate too. Families and injured people are not parties to the NTSB process, and the wreckage and records may be held for weeks or months. Crashes of military aircraft follow different rules; the NTSB generally does not investigate them.
First responders and treatment. Local response comes from Helena and Lewis and Clark County emergency services. The seriously injured are usually taken to St. Peter’s Health, a DPHHS-designated State Area Trauma Hospital, and some are transferred to Level 2 centers in Great Falls or Missoula or Level 1 centers in Billings.
Preserve your own evidence. Keep photos, flight-tracking data, messages with the pilot or operator, tickets or charter agreements, and any personal devices recovered from the aircraft. Do not sign releases or give recorded statements to an operator’s or manufacturer’s insurer.
The court. Aviation cases often involve federal law, out-of-state manufacturers and federal parties, so many are in federal court. For Helena-area crashes, that is the Helena Division of the U.S. District Court for the District of Montana, at the Paul G. Hatfield Federal Courthouse, 901 Front Street. The division covers Lewis and Clark, Broadwater, Jefferson, Meagher and Powell Counties (D. Mont. L.R. 1.2). A case against a Montana operator or pilot may instead be filed in the First Judicial District Court at the Lewis and Clark County Courthouse (§ 3-5-101(1), MCA).
Government aircraft. When a National Guard or other government aircraft is involved, the key questions are who owned it and in what status it was flying. They decide whether a claim runs against the United States under the Federal Tort Claims Act, with its 2-year administrative claim rule, or against the State of Montana, with its written-notice rule (§ 2-9-301, MCA). Get advice early. These deadlines are unforgiving.
Montana law that applies
Montana law generally governs fault and damages for a Montana crash. Recovery is allowed if a person’s fault is not greater than the defendants’ combined (§ 27-1-702, MCA), and fault is apportioned among the operator, pilot, maintenance shop and manufacturer (§ 27-1-703, MCA). Montana requires most civil aircraft in the state to be registered with MDT (§ 67-3-201, MCA), and those records can help identify an owner. GARA (49 U.S.C. § 40101 note) protects manufacturers of older general aviation aircraft, but not pilots, operators or maintenance providers. It has exceptions for medical-transport passengers and people on the ground. Our Montana aviation accident lawyer page explains these rules in detail.
Why hire a Great Falls firm for a Helena case?
Aviation cases are built on records, wreckage and experts, often in federal court and against national defendants, so the location of the law office is not what decides them. We are based in Great Falls, handle cases statewide, and travel to Helena for inspections, depositions, hearings and trial. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana, the court where many aviation cases are decided.
The Boland Aarab Way
- We know federal court. More than 40 cases in the District of Montana over nine years, and two Ninth Circuit arguments by Samir Aarab.
- We build for trial and appeal. The Boland Aarab appellate record reaches back to 1977. See our appellate record.
- We handle death cases with care. We resolved Estate of Alexander v. Cascade County, a civil-rights and wrongful-death case, for $550,000 (case summary).
- We are part of the trial bar. Both attorneys belong to AAJ and MTLA. Caitlin Boland Aarab is an AAJ Governor and serves on the MTLA Board.
We also handle wrongful death cases in Helena, burn injuries in Helena and other Helena personal injury cases.
Frequently Asked Questions
Who investigates a plane crash near Helena Regional Airport? The NTSB usually leads the investigation of civil aircraft accidents, with the FAA involved. Military crashes are investigated by the military. None of these investigations represents the injured or their families.
Can I use the NTSB report in my case? Not the Board’s accident report itself, which federal law bars from civil damages cases (49 U.S.C. § 1154(b)). Factual information gathered by investigators is treated differently.
What if a National Guard helicopter was involved? The aircraft’s status at the time decides whether a claim runs against the United States or the State of Montana. The deadlines differ, so get advice promptly.
Where would a Helena aviation lawsuit be filed? Many are in the U.S. District Court’s Helena Division at the Paul G. Hatfield Courthouse. Others, against local operators or pilots, are filed in the First Judicial District Court in Helena.
The aircraft was more than 18 years old. Is there still a case? Often. GARA limits claims against manufacturers only, and it has exceptions. Pilots, operators and maintenance shops are not protected by it.
Talk to a Helena Aviation Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: 49 C.F.R. § 831.4 · 49 U.S.C. § 1154 · 28 U.S.C. § 2401 · § 27-2-204, MCA · § 27-1-702, MCA · § 27-1-703, MCA · § 67-3-201, MCA · § 2-9-301, MCA · D. Mont. L.R. 1.2 · Helena Regional Airport, Military
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
