The crash claims lawyer Hao Junbo interpretation of San Francisco crash
Created:
/Author:
Aaron Lewis
Beijing time on July 7th Asiana Airlines Boeing 777-200 aircraft landing process accident and fire in the America San Francisco International airport.It is reported, the accident flight on July 6th local time is sixteen thirty-five from Inchon airport to SanFrancico Airport USA, then accidents at the SanFrancico Airport runway 28 while landing at Beijing time on July 7th at three twenty-seven in the morning.According to statistics, a total of 291 passengers on the flight, including China over 141 people.Up to two people to the present report passengers were killed, 180 injured.
Besides the two China female students Wang Linjia, Ye Mengyuan reported killed, the surviving passengers injured many serious.In view of the characteristics of, one can imagine the crash accident, passengers were injured because of strong vibration when the plane landed, cause, so many passengers of spinal injuries, and passengers with great inertia causes the head hit a hard object inside the cabin of the injured.Tighten the safety belt can be fixed on the seat passengers will be but a huge impact may cause visceral injury.While the two China female students is because be thrown outside the cabin and died.Some dead because of not wearing a seatbelt was thrown out of the cabin, there is such a possibility, but the theory may also be because the safety belt problems, or due to other reasons, although the seat belts but still is bumped to fly.
From our proxy multi air crash cases, only two people were killed in the crash, relative to other also occurred in the airport landing stage air crash accident, survival rate is high.A total of 203 July 9, 2007 A310 passenger plane crash in Russia Irkutsk Airport landing, but only 74 survived, three Chinese passengers were killed.Yichun air crash in Yichun airport landing accident which killed 42 people, 54 life.
The horrors of the crash is even in the landing can save lives, but the huge impact the spine and head injuries may still make seriously injured died after the rescue invalid, and the survivors may be lifelong damage caused by severe injury.Therefore the issue of compensation after the case is more complex than other air crash cases.A passenger death compensation relatively fixed, and seriously injured after the medical expenses are included, so the calculation much more complex.
Although the accident occurs in the case of a carrier for South Korea's Asiana Airlines, but because the crash occurred in the American, the whole world knows American personal injury compensation is the highest in the world, it is South Korea China passengers or the families of the passengers can strive for the applicable law to claim American.However, as the defendant lawyer may apply to the court for airline passengers are quoted national law to calculate the compensation.Of course, this is not simply a question of law, is the need of the victims American country lawyer and lawyer together to solve.However, due to the crash occurred in the USA, so under normal circumstances America court has the right to hear the case.And from our practical experience the crash, crash case is almost all compensation mediation, few eventually through legal judgment to solve.
The crash occurred after each have a reporter or the families of the victims have asked me how much compensation can crash occurred in American.The problem is indeed concern, but not a simple standard answer.According to the China law, personal injury and death are calculated with the standard.While most state America including the California, where the crash is applicable law, each case is to calculate the compensation according to their specific circumstances.The San Francisco disaster compensation, I noticed someone analysis according to the Montreal convention, compensation shall be paid for the 100000 special drawing rights is about RMB 1400000.This is certainly not accurate, because the amount is only liable for minimum or at least pay this amount, only applies to the airline has no liability and fault conditions, i.e. if the airline does not have any fault, also should be the minimum amount of compensation.And the crash of good weather, but no terrorist attacks factors, from the current situation should be the driver problem, so Airlines is the responsibility of fault.If the quality problem of aircraft, the aircraft manufacturers should bear the responsibility.In the limit of indemnity compensation probability is very small.
A case in American crash, we will apply from the jury rather than the judge hearing without exception.The jury is easier to understand the families of the victims from the emotional, so decided to compensation generally do not rigidly adhere to the law or the law.Air crash cases are generally not to go to the jury selection trial stage has reconciled.If the amount of compensation for the reconciliation of airlines raised less than $one million is outrageous, because as a passenger is the victim does not have any responsibility.In general only our customers are responsible for the plane crash occurred in the case, we may consider one million dollars in compensation.The typical case is our customer is itself a pilot or air driving school students, in this case, we the victims themselves may need to take part of the blame for the crash, so will reduce the liability of each other.In this case, if without the lengthy proceedings, quickly obtain compensation Mediation Program of $one million is more favorable to the family.But if such as the San Francisco disaster situation, the victims themselves only passengers, not a driver, if not because of their causes of the crash, the victims of the crash itself without any liability, compensation should be in full.General practitioners in the rules, if the airlines want to settle out of court, and family members to the case as soon as possible, 1500000 compensation for the dollar is a basis for negotiations.
USA compensation relatively emphasize the humanistic care, the victims or the families of the victims for the crash caused by mental pain and emotional damage could make corresponding compensation, because if the survivors were seriously hurt and affect sexual function, the spouse can also be due to the quality of life is affected by the responsible party and demand compensation for the corresponding hurt.And their spouses and children can also because passengers were injured and unable to obtain the original health accompany and care the happiness of a family union and demand compensation.But multinational plane relative legal relationship is relatively complex, from our agents China crash family international air crash cases, in addition to USA law, many cases will be used China law, conflict and will have America law and China law so American attorney must fit, and a lot of evidence must be Chinese law from Chinese made.
They crash compensation program, international compensation are the rules, after the crash airline first thought to appease the family, according to the international practice, they will bear all expenses of family members to come to deal with the funeral arrangements, identifying the remains of DNA testing to verify identity, as well as the victims, according to customs processing remains, at the same time be part of Xianxingpeifu, but not hurried to funeral for families as soon as possible to determine the final compensation scheme.Only we Chinese disaster compensation is more rapid, more administrative, crash related departments will organize a airline reach and family as soon as possible the final compensation scheme, hate not just a crash problem package.This Chinese type flash compensation way, has the advantages of fast, disadvantage is faster then the disorderly.Many families in the air just happened has been very difficult to have a normal rational judgment, others must be treated, otherwise unable to live a normal life.Families need compensation but still in the bereaved grief and shock requires them to determine compensation scheme is very difficult.After that this way may be replaced by international conventions.
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