Great Falls Aviation Accident Lawyer

Practice areaAviation Accident

Great Falls & Montana Aviation Accident Lawyers: Plane Crashes, Helicopter Crashes, Air Ambulance and Crop-Duster Accidents

Boland Aarab PLLP.

Our attorneys: Caitlin Boland Aarab · Samir F. Aarab

If you were hurt, or lost a family member, in a small-plane, helicopter, air ambulance or crop-duster crash in Montana, you may have claims against the operator, the pilot, a maintenance shop or a manufacturer. The NTSB will investigate, but it does not work for your family, and its final report cannot be used in your case. Evidence and deadlines need attention right away.

Key Takeaways
The NTSB investigates civil aviation crashes as a fact-finding process with no adverse parties (49 C.F.R. § 831.4). Injured people and families are not parties to it.
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).
The General Aviation Revitalization Act (GARA) generally bars suits against general aviation manufacturers 18 years after delivery, with important exceptions.
Montana gives you 3 years for most injury and wrongful-death claims (§ 27-2-204, MCA); claims against the United States have a 2-year presentment rule (28 U.S.C. § 2401(b)).

On this page: Types of crashes · Causes · NTSB investigation · NTSB reports in court · Who is responsible · GARA · Montana Aeronautics · Great Falls aviation · What to do · Damages and deadlines · Why Boland Aarab · FAQ

Hurt in an aircraft accident, or lost someone in a crash? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

What kinds of aviation accidents do we handle?

We represent people hurt, and families who lost someone, in crashes involving:

Small private planes: single- and twin-engine aircraft used for personal travel, flight training, hunting and fishing trips, and business.
Charter and air-taxi flights, which are generally governed by stricter federal operating rules (14 C.F.R. part 135).
Air ambulances, both fixed-wing and helicopter, carrying patients across Montana’s long distances.
Helicopters used for medical transport, tours, utility and powerline work, firefighting and ranch work.
Crop dusters and agricultural aircraft, regulated under 14 C.F.R. part 137. These crashes can injure the pilot, ground crews and people on the ground, and spray drift can cause separate harm.
Ground injuries: people struck on the ground, on a ramp or by a falling aircraft.
Fatal crashes, where we bring wrongful death and survival claims for the family.

What causes small-plane and helicopter crashes?

Crashes usually have more than one cause. Common factors include:

Pilot error: loss of control, flying into weather the pilot was not qualified for, fuel mismanagement, or flying into terrain.
Mountain and weather hazards: high-altitude airports, mountain wave and turbulence, icing and sudden weather changes, all well known in Montana.
Improper maintenance: missed inspections, bad repairs, or parts installed incorrectly.
Defective aircraft or parts: engines, fuel systems, propellers, rotor components, instruments and autopilots.
Operator pressure: pushing a pilot to fly when conditions or duty time called for staying on the ground.
Air traffic control and airport issues: communication failures, runway conditions or obstructions.
Wire strikes: especially for agricultural and low-flying helicopters.

How does the NTSB investigate an aviation accident?

The National Transportation Safety Board (NTSB) leads the investigation of civil aviation accidents in the United States, under rules at 49 C.F.R. part 831. The operator must notify the NTSB immediately after an accident (49 C.F.R. § 830.5).

What families should understand:

It is a safety investigation, not a lawsuit. The NTSB investigates to determine the facts, conditions and circumstances of an accident. Its investigations are fact-finding proceedings with no adverse parties (49 C.F.R. § 831.4).
The “parties” are the industry. The NTSB may name as parties the companies and agencies whose employees, functions or products were involved, and who can supply technical experts: often the operator, the aircraft and engine makers and the FAA (49 C.F.R. § 831.11).
Families are not at the table. No party representative may hold a legal position or represent claimants or insurers (§ 831.11). The companies that may later be defendants help the NTSB examine the wreckage; the injured person’s lawyers do not.
It takes time. A final report and probable-cause finding often take a year or more.

That is why families need their own investigation. We work with qualified aviation experts to document the wreckage, the maintenance records, the pilot’s history, weather and radar data, and the aircraft’s systems, and we send preservation demands to everyone who has evidence.

Can an NTSB report be used in court?

Not the Board’s final report. Federal law says no part of a report of the Board related to an accident or investigation may be admitted into evidence or used in a civil action for damages (49 U.S.C. § 1154(b)).

NTSB regulations draw a line between two kinds of documents (49 C.F.R. § 835.2):

	Board accident report	Factual accident report
What it is	The Board’s conclusions, including probable cause	The investigator’s factual findings
Use in a damages case	Barred by § 1154(b)	The NTSB says there is no statutory bar

Federal law also limits discovery of cockpit voice recorder recordings and transcripts the Board has not released (49 U.S.C. § 1154(a)). In practice, your case has to be proven with independent evidence and expert testimony, not by pointing to the NTSB’s conclusion.

Who can be held responsible for an aviation accident?

Depending on the facts, responsibility can reach:

The pilot, and the pilot’s employer.
The operator: the charter company, air ambulance provider, flight school, agricultural operator or aircraft owner.
A maintenance or repair shop that inspected or worked on the aircraft.
The manufacturer of the aircraft, engine or a component, subject to GARA (below).
A fuel supplier or airport operator, where fuel contamination or airport conditions played a role.
The United States, where federal employees such as air traffic controllers were negligent, under the Federal Tort Claims Act and its 2-year presentment rule (28 U.S.C. § 2401(b)).

Montana apportions fault among everyone responsible (§ 27-1-703, MCA), so identifying every responsible party early matters. Aviation cases also often land in federal court, where our attorneys practice regularly.

What is GARA, and how does the 18-year rule work?

GARA is a federal law that generally bars lawsuits against the manufacturer of a general aviation aircraft, or of its parts, if the accident happens more than 18 years after the aircraft was first delivered.

The General Aviation Revitalization Act of 1994 (Pub. L. 103-298, 49 U.S.C. § 40101 note) works like this:

What it covers. “General aviation aircraft” means aircraft that, when originally certificated, had fewer than 20 passenger seats and that were not in scheduled passenger-carrying operations at the time of the accident. It protects manufacturers acting as manufacturers.
The 18-year clock. The period starts when the aircraft is delivered to its first purchaser or lessee.
The clock restarts for replacement parts. For a new component, system or part that replaced another part or was added to the aircraft, the 18 years run from its installation, for claims caused by that part.
Exceptions. GARA does not bar claims:
where the manufacturer knowingly misrepresented, concealed or withheld required safety information from the FAA, and that is linked to the harm;
by a person who was a passenger for medical or other emergency treatment, which can matter in air ambulance cases;
by a person not aboard the aircraft, such as someone on the ground; or
under a written warranty.

GARA does not protect pilots, operators, owners or maintenance shops. Even for an older aircraft, there are often claims to pursue. Whether GARA applies turns on maintenance and parts records, which is another reason to secure them early.

What does the Montana Aeronautics Division do?

The Aeronautics Division is part of the Montana Department of Transportation. It registers aircraft and pilots, supports Montana’s airports, and runs aviation programs including search and rescue (MDT Aeronautics).

Montana requires civil aircraft operated in the state to have a current federal registration or certificate that has also been registered with the department, with some exceptions (§ 67-3-201, MCA). State registration records can help identify an aircraft’s owner. The Aeronautics Division does not replace the NTSB, which leads civil crash investigations.

What aviation activity is there around Great Falls?

Great Falls is one of Montana’s busier aviation communities.

Great Falls International Airport (GTF) is the city’s commercial airport, at 2800 Terminal Drive (Great Falls International Airport). It also has fixed-base operators, charter service and flight training.
The Montana Air National Guard’s 120th Airlift Wing is based at the airport and flies C-130 aircraft (120th Airlift Wing).
Malmstrom Air Force Base, east of the city, is home to the 341st Missile Wing. Its 40th Helicopter Squadron supports the missile field (DVIDS: 341st Missile Wing).

Crashes involving military aircraft follow different rules. The NTSB generally does not investigate them, and civilian claims against the United States go through the Federal Tort Claims Act process. Around the region, agricultural operators, air ambulance services and private pilots use many smaller airports and strips.

What should families do after an aviation accident?

Get medical care, and keep all records.
Do not sign anything from an operator, insurer or manufacturer, including releases or quick-settlement offers.
Do not give recorded statements to insurers or company representatives before talking with a lawyer.
Keep everything: photos, videos, texts from the pilot or passengers, flight-tracking screenshots, receipts and personal items recovered from the scene.
Write down what you know: the flight plan, the operator, the weather, and anything the pilot said.
Talk with a lawyer quickly. Once the NTSB releases the wreckage, it can be moved, stored or salvaged, and records can be lost.

What can you recover, and how long do you have?

In a Montana aviation case, recoverable damages can include medical care now and in the future, lost earnings and earning capacity, pain and suffering, loss of the established course of life, and in a death case, the losses of the family and the estate (§§ 27-1-513, 27-1-501, MCA). Survivors of serious crashes often face burns, traumatic brain injuries, spinal cord injuries and other catastrophic injuries.

Deadlines:

3 years to file most injury and wrongful-death claims (§ 27-2-204, MCA).
2 years to present a written claim to the federal agency for claims against the United States (28 U.S.C. § 2401(b)).
Claims against the State, a county or a city must first be presented in writing (§ 2-9-301, MCA).
GARA’s 18-year repose for general aviation manufacturers, with the exceptions above.

The Boland Aarab Way

We are trial lawyers who build every serious case for trial and for appeal. Aviation cases are complex and often end up in federal court, and that is work we know.

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 protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client (Voegel v. Salsbery, 2023 MT 137). Our appellate record reaches back to 1977.
We stand with families. We obtained a $550,000 settlement for the estate in a civil-rights and wrongful-death case (Estate of Alexander v. Cascade County). See our results.
You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves and bring in qualified aviation experts where the facts call for it. Both are members of the American Association for Justice and the Montana Trial Lawyers Association.

Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Where do we handle aviation accident cases?

Our office is at 18 6th Street North, Suite 200, Great Falls, MT 59401. We handle aviation cases across Montana, including Great Falls, Billings, Missoula, Helena, Bozeman, Butte and Kalispell.

Aviation accident cases across Montana

We are based in Great Falls and handle aviation accident cases statewide. Local information for each city:

Frequently Asked Questions

Who investigates a plane crash in Montana? The NTSB leads the investigation of civil aviation accidents, under 49 C.F.R. part 831. The FAA usually takes part. Military crashes are investigated by the military.

Can I use the NTSB report in my lawsuit? Not the Board’s final report or its probable-cause finding; federal law bars it in civil damages cases (49 U.S.C. § 1154(b)). The NTSB says factual reports are not subject to that bar, but the case still needs independent experts.

How long does an NTSB investigation take? A final report often takes a year or more. You do not have to wait for it to protect your claim, and waiting can cost evidence.

What is the 18-year rule for aircraft manufacturers? GARA generally bars claims against general aviation manufacturers 18 years after the aircraft was first delivered, with a new clock for replacement parts. It has exceptions, including for people on the ground and medical-emergency passengers, and it does not protect pilots, operators or maintenance shops.

Can we sue after an air ambulance crash? Often, yes. Claims may run against the operator, pilot, maintenance provider or manufacturer, and GARA’s exception for medical-emergency passengers may apply.

What if the crash involved a military aircraft or an air traffic controller? Claims against the United States generally go through the Federal Tort Claims Act, which requires a written claim to the agency within 2 years (28 U.S.C. § 2401(b)).

How long do we have to file an aviation wrongful death claim in Montana? Generally 3 years under § 27-2-204, MCA, but federal claims, government claims and GARA can shorten or change the timeline. Talk with a lawyer early.

Talk to a Great Falls Aviation Accident Lawyer