While airplane accidents can be devastating, preventable ones often hurt the most. At Ehline Law, our personal injury attorneys are here to review the details of a recent catastrophic accident involving an airplane propeller to determine whether it may have been an act of negligence. I am attorney Michael Ehline, a Texas and California injury attorney.
I write about tragedies in these and other states. Although I am not licensed to practice law in Kansas, I will explain general legal principles to help people understand fundamental rights. Obviously, if you need help finding a Kansas injury lawyer, I will try to help you since I care about people. Let’s go!
Skydiving Photographer Killed In Plane’s Propeller
On October 26, 2024, Amanda Gallagher, a 37-year-old skydiving photographer and a keen skydiver, headed to Air Capital Drop Zone in Derby, Kansas, to photograph jumpers and flights. It was just another regular working day without any events until one of the airplanes landed.
The Young Lady Dies from Critical Injuries After Backing into a Plane Propeller While Taking Pictures
As Amanda Gallagher, 37, continued to take pictures at the Derby skydiving center, she backed into an airplane propeller, causing her life-threatening injuries.
When the Sedgwick County EMS personnel arrived at the accident scene, they immediately transported the critically injured victim to Wesley Medical Center. Unfortunately, it was too late.
Gallagher passed away at the hospital due to the injuries sustained. The Sedgwick County Sheriff’s Office confirmed her death, stating that she backed into a stationary airplane with a spinning propeller.
Air Capital Drop Zone Shamelessly Blames Amanda Gallagher?
After the tragic accident, Air Capital Drop Zone immediately released a bizarre statement that pinned the blame on Amanda Gallagher. It stated that the victim, for unknown reasons, moved in front of the wing near the airplane propeller, and as she stepped back slightly, the unfortunate incident unfolded.
One of the representatives of Cook Airfield, where the Derby skydiving center is located, tweeted about the tragic accident, requesting its followers to remember Amanda Gallagher, her family, friends, and Air Capital Drop Zone family in their prayers. They also said she would be greatly missed and refused to comment on the cause of the devastating incident or what should’ve happened differently.
Following the accident, the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) immediately sent their teams to recover evidence for a thorough investigation.
Recovering Compensation For Plane Propeller Accident?
Although the grieving family received $19,000 in donations from a GoFundMe campaign to pay for the funeral expenses, it may not be enough to cover the damages caused by the early demise of Amanda Gallagher, a loving daughter, sister, aunt, and friend. Fortunately, there may be a legal remedy in financial compensation.
Under personal injury law, surviving family members or personal representatives of a deceased’s estate may be able to bring a wrongful death claim or lawsuit if the death occurred due to the negligence of another individual or entity. However, before a party can pursue civil action, it’s essential to establish liability.
In the case of the recent moving airplane propeller accident in Derby, surviving family members may have the right to pursue damages if the incident occurred due to another’s negligence. They need to contact an experienced personal injury attorney to discuss the incident and learn more about their legal rights.
Who Is Liable in Accident Involving Spinning Plane Propeller?
According to Air Capital Drop Zone, Amanda Gallagher was responsible for her death, as she had her camera up to shoot photos before backing into the spinning airplane propeller.
On the other hand, Cook Airfield and its representatives have not blamed anyone for the unfortunate incident.
Establishing Liability in Cook Airfield Plane Accident
While establishing liability in this recent accident involving an airplane propeller may seem pretty straightforward, especially after the statement by Air Capital Drop Zone, there may be more to this story.
Amanda Gallagher was a professional skydiving photographer. This alone indicates that she was well aware of the dangers of being around moving or grounded airplanes. The question that arises here is whether she was violating basic safety procedures.
Besides looking at this accident from the perspective of a skydiving company, it’s also essential to consider another side of the story. Could Air Capital Drop Zone be responsible for the death of Amanda Gallagher? Did it do enough to ensure the protection of bystanders or photographers?
This could also turn into a premises liability case. Amanda Gallagher may have slipped due to a hazard, causing her to back into the spinning propeller.
An impartial investigation into the accident could reveal specific facts, portraying a complete picture of how the incident unraveled. This is important in establishing liability and determining whether the grieving family can recover compensation.
Investigation Is Key to Resolving Wrongful Death Cases
Whenever an accident happens, whether it involves a plane propeller or any other object, it’s crucial to conduct an impartial investigation as soon as possible to determine liability.
Can anyone sue for wrongful death? Witness statements, CCTV footage, copies of standard operating and basic safety procedures, and other essential documents could help understand how the tragic incident occurred.
In the case of Amanda Gallagher, an investigation could help determine who was at fault. Perhaps, after the airplane landed, it was positioned somewhere it shouldn’t have been. Or maybe Gallagher was engrossed in taking pictures and failed to notice the spinning propeller.
Kansas Is a Comparative Negligence State. This Could Impact the Outcome of the Wrongful Death Case.
In this case, another critical piece of information is that Kansas is a comparative negligence state. This means eligible plaintiffs may pursue damages even if the decedent was partially responsible for their accident injuries.
Since Kansas follows the modified comparative negligence rule, surviving family members or personal representatives of the deceased’s estate can only recover compensation if the decedent’s fault was 50% or lower. 51% responsibility for the accident or more could bar the plaintiffs from pursuing legal action.
Step to Take After the Deadly Propeller Accident at Kansas Airfield
Overcoming the grief of losing a loved one can take a long time. However, it’s essential to take the proper steps following a deadly accident to ensure financial protection and some closure.
After the funeral of Amanda Gallagher, the grieving family needs to speak to an experienced personal injury attorney. While Air Capital Drop Zone has denied liability in its statement following the accident, it’s crucial to investigate the incident, as there could be a probability that Gallagher may not be responsible.
Even if Amanda was liable for her injuries, Air Capital Drop Zone or Cook Airfield may also be accountable. Did the company follow all safety protocols? Was there negligence on behalf of the pilot? Were hazards the leading cause of the accident? An investigation may bring some evidence that could pave the path of financial recovery for the grieving family members.
There Is a Need to Act Quickly. Otherwise, Plaintiffs May Lose Their Rights!
The statute of limitations governs all personal injury and wrongful death cases. It sets a time limit within which eligible plaintiffs can pursue civil action by filing a claim or lawsuit. Failure to adhere to it may bar them from seeking compensation.
Most states, including Kansas, have a statute of limitations of two years for wrongful death cases. The clock starts ticking from the date of the decedent’s death.
Suppose the young lady and keen skydiver died yesterday shortly after the airplane landed at Cook Airfield. In this case, the statute of limitations would’ve begun from the time the victim breathed their last.
Seek Justice and Compensation with Ehline Law, a Top-rated Law Firm in California!
A wrongful death can send ripples across the entire family. While no amount of money can bring back your loved one, pursuing legal action could provide closure and financial protection to you and those left behind.
At Ehline Law, our Los Angeles personal injury attorneys have decades of extensive expertise in handling wrongful death cases and protecting the rights of their clients. We have the resources and skills to conduct a proper investigation after an accident, gather evidence, and build a solid claim to hold the responsible parties accountable for your loss.
Call us at (833) LETS-SUE to schedule a free consultation with our skilled personal injury attorneys and discuss your wrongful death claim or lawsuit with a legal expert today!
