Aviation Accident Claims in New Mexico in NM… | CGMIMM
Personal Injury · NM
Aviation Accident Claims in New Mexico
New Mexico aviation-accident claims involve federal aviation law, FAA / NTSB investigations, multiple potential defendants, and (for international flights) treaties like the Montreal Convention.
Published May 8, 2026
## Aviation accident claims in New Mexico
Aviation crashes — commercial airliners, private planes, helicopters, and drones — combine state law, federal aviation law, FAA / NTSB regulations, and (for international flights) international treaties.
## Common causes
- **Pilot error** — most common cause of GA crashes
- **Mechanical failure** — engine, controls, structural
- **Weather** — sudden weather encounters; failure to divert
- **Air traffic control errors**
- **Defective products** — defective aircraft, parts, fuel
- **Maintenance negligence** — improper repairs, missed inspections
- **Fatigue** — flight crew overtired
- **Mid-air collisions**
- **Bird strikes**
- **Runway incursions**
- **Operator (commercial / charter) negligence**
- **Manufacturing defects**
## Who can be liable
**Multiple defendants typical:**
- Pilot / pilot's estate
- Aircraft owner
- Operator (charter / airline)
- Aircraft manufacturer (Boeing, Cessna, etc.)
- Component manufacturer (engines, avionics, parts)
- Maintenance provider
- Air traffic control (federal — FTCA)
- Fuel supplier
- Trainer / flight school
- Federal government for negligent inspection / certification
## NTSB investigation
After most aviation accidents:
- **NTSB investigates** — National Transportation Safety Board
- Probable cause determination (often takes 12-24 months)
- Final report public
- **Important:** NTSB findings are NOT admissible at trial as evidence of fault (49 U.S.C. § 1154)
- Underlying factual data IS admissible
## State law vs federal law vs international
**Domestic flights / general aviation:** Mix of state tort law + federal preemption issues. State law usually governs damages and underlying torts. FAA regulations may preempt state "safe operations" claims (uncertain area).
**International flights:** **Montreal Convention (1999)** governs:
- Strict liability for first $175,000 (~ SDR 128,821, 2024)
- Carrier can defeat additional damages by showing no negligence
- 2-year statute of limitations
- Damages limited to bodily injury / death (not most economic loss)
- Choice of forum limited to specific countries
**Older Warsaw Convention** still applies in narrow circumstances.
## Federal preemption
**Federal Aviation Act of 1958** + **FAA regulations** preempt some state-law claims:
- Federal authority over airspace + aircraft operations
- States can't ban specific aviation activities
- BUT — state tort law for negligence, products liability generally survives
- **Skybus / Cleveland Air Show v. Goodrich** — products liability against manufacturer
## Death on the High Seas Act (DOHSA)
For international flights crashing 12+ miles offshore:
- **Death on the High Seas Act (46 U.S.C. § 30301)** governs
- Allows wrongful-death suits for aviation deaths over open ocean
- Limits damages
- Federal jurisdiction
## General Aviation Revitalization Act (GARA)
**18-year statute of repose** for general-aviation aircraft and parts (49 U.S.C. § 40101 note):
- Bars claims against manufacturers more than 18 years after delivery
- Exceptions: products fraudulently misrepresented, knowing concealment of defects
- Significant defense in older-aircraft cases
## Damages
Aviation deaths often produce large recoveries:
- **Decedent's earnings + benefits** lost
- **Pain and suffering** of decedent before death (in some states)
- **Loss of consortium** for spouses / children
- **Punitive damages** in egregious cases
Settlement values for fatal commercial crashes often $1M-$10M+ per victim.
## Critical experts
- **Aviation accident reconstructionist**
- **Aircraft mechanical engineers**
- **Pilot training experts**
- **Air traffic control experts**
- **Forensic meteorologists**
- **Avionics experts**
- **Black box analysts** (FDR / CVR)
- **Aerodynamics experts**
- **Human factors experts**
## Critical evidence
- **Black box / FDR / CVR data**
- **NTSB findings** (factual portions)
- **Maintenance logs**
- **Pilot logs / training records**
- **Weather data**
- **ATC recordings + radar data**
- **Manufacturer records**
- **Wreckage analysis**
- **Witness statements**
- **Photos / video / phone records**
## Time-critical issues
- **Spoliation letters** — preserve aircraft / parts / records
- **Pre-suit subpoenas** to operators / manufacturers
- **Evidence inspection** before disposal
- **NTSB document requests** under FOIA
- **Statute of limitations** — varies; 2 years (Montreal) to 5+ (some state PI SOLs)
## What you should do
If you've lost a loved one (or been injured) in an New Mexico aviation accident: hire a personal-injury attorney with SPECIFIC aviation experience. Aviation cases require specialized knowledge — generic personal-injury attorneys often lack it. Most aviation attorneys work on contingency and front the substantial expert costs. Time-sensitive evidence preservation is critical.
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*This guide is general information about New Mexico law as of early 2026 and is not legal advice. Aviation cases involve complex federal-state-international law interactions. Talk to a licensed New Mexico aviation attorney about your specific case.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.