Missoula, MontanaMissoula Aviation Accident
Missoula Aviation Accident Lawyers: Plane Crashes, Helicopter Accidents and Aerial Firefighting Crashes in Western Montana
Boland Aarab PLLP.
Aviation cases near Missoula can involve a small plane on a mountain approach, a helicopter, a commercial flight at Missoula Montana Airport, or an aerial firefighting aircraft. These cases are different from car cases. The NTSB investigates but does not represent you, federal rules and deadlines may apply, and the evidence is technical. Many Missoula-area aviation cases are heard in the federal courthouse on East Broadway.
Key Takeaways
- The NTSB’s investigation is a fact-finding process with no adverse parties (49 C.F.R. § 831.4). Families are not parties to it.
- No part of an NTSB Board accident report may be used in a civil damages case (49 U.S.C. § 1154(b)).
- Claims against the United States, including federal agencies that contract for or operate aircraft, have a 2-year presentment deadline (28 U.S.C. § 2401(b)).
Lost a family member, or seriously hurt, in an aircraft accident in western Montana? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What kinds of aviation activity surround Missoula?
Missoula is western Montana’s busiest aviation center, and its airspace is shaped by mountains on every side:
- Missoula Montana Airport (MSO). The airport west of town handles commercial airline service, air cargo, corporate jets, flight training and private aircraft. It completed a major new passenger terminal in recent years to handle growth. Arrivals and departures funnel through the Clark Fork valley between high terrain.
- Aerial firefighting. The U.S. Forest Service’s Missoula smokejumper base and Aerial Fire Depot sit beside the airport (USFS), and Neptune Aviation Services, an aerial firefighting company, is headquartered in Missoula. In fire season, air tankers, lead planes, helicopters and smokejumper aircraft work over rugged terrain, in heavy smoke and at low altitude.
- Backcountry and mountain flying. Pilots fly from Missoula into the Bitterroot, the Seeley-Swan, the Rattlesnake and the Idaho backcountry. Mountain weather changes fast, and high-elevation strips reduce aircraft performance on hot days.
- Medical and utility flights. Air ambulances bring patients to Providence St. Patrick Hospital, the region’s ACS Level 2 / State Regional Trauma Hospital (DPHHS), from across western Montana. Helicopters also support logging, power-line and survey work.
Weather and smoke. Western Montana’s winter inversions can hold low clouds and fog in the valley, and summer wildfire smoke can sharply reduce visibility (Missoula Public Health). Mountain wave turbulence and afternoon thunderstorms add risk. Whether a pilot or operator should have flown in those conditions is often the central question in a case.
What happens after an aviation accident near Missoula?
The investigations. The NTSB leads the investigation of civil aircraft accidents, often with the FAA. In a firefighting crash, federal land agencies and the aircraft’s contractor may conduct their own reviews. None of these investigations is designed to compensate you, and the NTSB’s final probable-cause findings cannot be used in your civil case. Our job is to run an independent investigation: preserve wreckage when released, obtain maintenance and training records, and bring in qualified aviation experts.
Who may be responsible. Depending on the facts: the pilot or operator, the aircraft or parts manufacturer, a maintenance shop, a charter or tour company, a fuel supplier, or a government contractor. Claims against the United States follow the Federal Tort Claims Act, with an administrative claim that must be presented within 2 years.
Which court. Aviation cases often involve out-of-state manufacturers and operators, or the United States, so many are heard in federal court. For Missoula and much of western Montana, that is the Missoula Division of the U.S. District Court, at the Russell Smith Federal Courthouse, 201 East Broadway (U.S. District Court, Missoula). The Missoula Division covers Missoula, Ravalli, Mineral, Lake, Sanders, Flathead, Lincoln and Granite Counties, which include most of the region’s backcountry flying and fire country. A case against Montana defendants may be heard in the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway.
Montana law that applies
Montana law usually governs negligence, damages and wrongful death in a Montana crash, while federal law governs aviation safety standards and claims against the United States:
- Deadline: generally 3 years for injury and wrongful-death claims (§ 27-2-204, MCA); 2 years to present a federal tort claim (28 U.S.C. § 2401(b)).
- Manufacturer claims may be limited by the General Aviation Revitalization Act, which generally bars suits against general aviation manufacturers 18 years after delivery, with important exceptions.
- Wrongful death: the personal representative brings the claim (§ 27-1-513, MCA).
For more, see our Montana aviation accident lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle aviation cases statewide. These cases turn on federal procedure, expert evidence and the ability to try a technical case, and many of them will be litigated in federal court. Our attorneys travel to Missoula for depositions, wreckage inspections, hearings and trial, and we work with aviation experts wherever the evidence is.
The Boland Aarab Way
- We know federal court. Our attorneys have handled 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.
- We try cases. Our firm has tried more than a dozen jury trials, and our attorneys have spent more than 4,000 hours in the courtroom.
- We hold institutions accountable. We obtained a $550,000 civil-rights and wrongful-death settlement in Estate of Alexander v. Cascade County.
- We are part of the trial bar. Both attorneys belong to AAJ and the Montana Trial Lawyers Association; Caitlin Boland Aarab is an AAJ Governor and serves on the MTLA Board.
We also handle Missoula wrongful death and Missoula burn injury cases, and other Missoula personal injury claims.
Frequently Asked Questions
Who investigates a plane crash near Missoula? The NTSB leads, often with the FAA. Their work explains what happened for safety purposes; it does not pursue compensation for families.
Can a family sue after an aerial firefighting crash in western Montana? Sometimes. Claims may run against a private operator, a manufacturer or a maintenance provider. Claims involving a federal agency follow the Federal Tort Claims Act and its 2-year presentment rule.
Will my case be heard in Missoula? Often, yes. Many aviation cases go to the federal Missoula Division, which covers eight western Montana counties. Others are heard in the Fourth Judicial District Court at the Missoula County Courthouse.
Can smoke or weather be blamed for the crash? Weather explains conditions; it does not excuse a decision to fly into them. Whether the pilot or operator should have waited is often the key question.
How quickly should we act after a crash? Right away. Wreckage, maintenance logs and flight data can be released, repaired or lost, and some deadlines are shorter than Montana’s usual 3 years.
Talk to a Missoula Aviation Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
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.
