Kalispell, MontanaKalispell Aviation Accident
Kalispell Aviation Accident Lawyers: Plane and Helicopter Crashes at Glacier Park International, Kalispell City Airport and Over the Mountains
Boland Aarab PLLP.
After a plane or helicopter crash in the Flathead Valley, the NTSB investigates, but families aren’t parties to that investigation, and the Board’s conclusions can’t be used in a civil case. Montana generally allows three years to file. Aviation cases from Flathead County are often heard in federal court in Missoula.
Lost someone, or were you hurt, in an aircraft accident in northwest Montana? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What makes flying in the Flathead Valley different?
The valley has two public airports and some of the most demanding mountain flying in the country, just minutes away.
- Glacier Park International Airport (FCA). About six miles northeast of Kalispell, the airport is owned by the Flathead Municipal Airport Authority, a public agency Flathead County created in 1974. Airline service has grown quickly, and the airport also serves general aviation, charter, cargo and air-ambulance traffic. More traffic means more ground operations, fueling, de-icing and ramp work, as well as more flights in and out of the valley.
- Kalispell City Airport (S27). About a mile south of downtown, the city’s general-aviation field has a single runway of about 3,600 feet. The City of Kalispell describes it as one of the oldest general-aviation airports in Montana. Private pilots, flight training and recreational flying are based there.
- The mountains. Within minutes of either airport, pilots face the Whitefish Range, the Swan Range, the Livingston Range in Glacier National Park and the Continental Divide. That means rising terrain, narrow valleys, mountain wave and turbulence, fast-changing weather, and summer density altitude that cuts aircraft performance. Winter brings icing, low ceilings and short days.
- Scenic, backcountry and utility flying. Scenic flights over Glacier, backcountry trips into the Bob Marshall country, aerial firefighting, and helicopter work for utilities and logging all happen in the region.
- Air ambulance. Logan Health’s helicopter program, long known as A.L.E.R.T., began flying patients in 1975. It was one of the country’s earliest hospital-based rural air ambulances, and it operates in the same weather and terrain.
What happens after an aviation accident near Kalispell?
The NTSB and FAA take charge of the wreckage. The NTSB leads civil aviation crash investigations. It is a fact-finding process with no adverse parties (49 C.F.R. § 831.4). The aircraft owner, operator and manufacturers often take part as “party” participants. The injured person or the family does not (49 C.F.R. § 831.11). That is why families need their own investigators early. Local agencies, including the Flathead County Sheriff’s Office for crashes in the county and the park for crashes in Glacier, secure the scene and handle search and recovery. In mountain terrain, recovery can take days.
Evidence.
- Maintenance logbooks and pilot training records.
- Air traffic control and ADS-B data.
- Weather briefings, fuel records and the operator’s flight-following records.
All of it must be requested or preserved quickly. When the wreckage is released, it should be secured, not sold for salvage.
Court.
- A state-court case in Flathead County is filed in the Eleventh Judicial District Court at the Flathead County Justice Center, 920 South Main Street, Kalispell.
- Many aviation defendants are out-of-state manufacturers and operators, so these cases often go to the U.S. District Court’s Missoula Division, at the Russell Smith Courthouse.
- Claims against the United States, such as a claim involving air traffic control or a federal aircraft, must first be presented to the agency in writing within 2 years (28 U.S.C. § 2401(b)).
Montana law that applies
A brief summary; our Montana aviation accident lawyer page has more.
- NTSB reports: no part of an NTSB Board accident report may be admitted or used in a civil damages case (49 U.S.C. § 1154(b)). Factual reports are treated differently (49 C.F.R. § 835.2).
- Operators: charter and scenic operators flying for hire generally operate under stricter FAA rules (14 C.F.R. part 135).
- Manufacturers: the General Aviation Revitalization Act generally bars claims against general aviation manufacturers 18 years after delivery, with important exceptions, including for replacement parts.
- Deadlines: 3 years for most injury and wrongful-death claims (§ 27-2-204, MCA). Fault can be apportioned among the pilot, the operator, maintenance shops and manufacturers (§ 27-1-703, MCA).
- Wrongful death: the personal representative brings the case for the family and the estate (§ 27-1-513, MCA).
Why hire a Great Falls firm for a Kalispell case?
We are based in Great Falls and handle serious injury and death cases across Montana. Our attorneys travel to Kalispell and Missoula, and to wherever the wreckage, witnesses and records are. Aviation cases are document- and expert-driven, and they are usually fought in federal court. Our federal-court experience is a large part of what we bring.
The Boland Aarab Way
- Federal-court experience. More than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit.
- Trial preparation. Our attorneys have spent more than 4,000 hours in the courtroom.
- Accountability for families. We resolved a civil-rights and wrongful-death case for $550,000 in Estate of Alexander v. Cascade County.
- Trial-bar involvement. Both attorneys are AAJ and MTLA members, and Caitlin Boland Aarab serves on the MTLA Board.
We also handle wrongful death cases in Kalispell and burn injury cases in Kalispell. See our Kalispell personal injury page.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
Who investigates a plane crash near Glacier Park International Airport? The NTSB leads the investigation, with the FAA. Local law enforcement secures the scene. Families are not parties to the NTSB investigation, so they need their own experts.
Can we sue a Glacier scenic-flight operator after a crash? Possibly. Operators flying passengers for hire are held to strict FAA rules, and their maintenance, training and weather decisions can be examined. Waivers don’t necessarily bar claims for negligence.
The crash happened in the mountains outside Kalispell. Where would the case be filed? In Flathead County District Court in Kalispell, or often in federal court in Missoula. If the crash site is in another county, venue can change. We sort that out early.
Can the NTSB report be used in our lawsuit? The Board’s probable-cause report can’t be used in a civil damages case. Factual information gathered in the investigation can be treated differently, and we build our own proof regardless.
How long do we have to bring a Montana aviation claim? Generally 3 years for injury and wrongful-death claims. Claims against the United States require written presentment within 2 years.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
