Attorney Michael Rehm — (800) 978-0754
Attorney Michael Rehm handles aviation accident claims at Fresno Yosemite International Airport and throughout Fresno County. Fresno Yosemite International Airport (FAT/KFAT) is the primary commercial airport for California's San Joaquin Valley, serving 2,752,392 passengers in 2025 — a record year. Eight airlines provide nonstop service to 16 domestic and international destinations including Guadalajara, León, and Morelia in Mexico. SkyWest Airlines handles approximately 34 percent of total passenger traffic at FAT, operating under contract as American Eagle, Alaska Airlines, Delta Connection, and United Express. Fresno Chandler Executive Airport (FCH/KFCH), 1.5 miles west of downtown Fresno, serves general aviation. Aviation accident claims are legally complex and are governed by overlapping federal, state, and in some cases international law.
NTSB Accident History — Fresno Area
The National Transportation Safety Board maintains the CAROL accident database, which records every investigated aviation accident in the United States. The Fresno area CAROL record includes eight fatal accidents and seven serious-injury accidents from 1982 through 2023.
The most significant accident in the Fresno record is NTSB Accident No. DCA95MA007 — the December 14, 1994 crash of a Phoenix Air Learjet 35A (N521PA) operating under contract to the California Air National Guard. The aircraft declared an emergency inbound to Fresno Air Terminal due to engine fire indications, overshot the runway, and crashed on Olive Avenue west of Chestnut Avenue. Both pilots were fatally injured. Twenty-one persons on the ground were injured, and 12 apartment units were destroyed or substantially damaged by impact and fire. The NTSB determined the probable cause was improperly installed special-mission electrical wiring that caused an in-flight fire. Full report: NTSB Aircraft Accident Report No. NTSB/AAR-95/04 (1995).
A more recent serious-injury accident occurred on October 1, 2022, when a Bell 206B JetRanger III (N284CA, NTSB No. WPR23LA004) crashed in a residential neighborhood on Garrett Avenue in southeast Fresno during a maintenance check flight. The helicopter lost tail rotor control due to a disbonded splined adapter on a segmented tail rotor drive shaft. The pilot and passenger sustained serious injuries. The NTSB issued its final report on September 26, 2024. The full docket is available at carol.ntsb.gov.
Additional fatal accidents in the Fresno CAROL record include a 2016 loss of control on takeoff from Sierra Sky Park Airport (WPR17FA041), a 2013 Cessna 172K (WPR14FA078), a 2012 Cessna 172N (WPR12LA093), a 1998 Cessna 182Q (LAX99LA019), a 1992 Robinson R-22 helicopter (LAX92LA301), and a 1990 Cessna 150G (LAX91LA055). The complete Fresno area accident record is searchable at carol.ntsb.gov using Airport ID “FAT” and “FCH.”
Federal Aviation Law — Regulatory Framework
Aviation in the United States is governed by the Federal Aviation Act, codified at 49 U.S.C. section 40101 et seq. The Federal Aviation Administration promulgates Federal Aviation Regulations under Title 14 of the Code of Federal Regulations, accessible at ecfr.gov. Key regulations relevant to civil aviation accident claims include 14 C.F.R. Part 91 (general operating rules), Part 121 (air carrier operations for commercial airlines), Part 135 (commuter and on-demand operations, including charter), and Part 133 (rotorcraft external load operations, applicable to certain helicopter claims).
Violation of an FAR is negligence per se under California law when the violation causes the harm the regulation was designed to prevent. A commercial carrier operating without required maintenance, a pilot who flies into instrument meteorological conditions without an instrument rating, or a charter operator who overloads an aircraft in violation of weight-and-balance requirements has breached the duty of care as a matter of law.
Duty of Care — Common Carrier Standard
Commercial airlines and air carriers are common carriers under California law. Civil Code section 2100 requires a carrier of persons for reward to use the utmost care and diligence for the safe carriage of passengers. The full text of Civil Code section 2100 is at leginfo.legislature.ca.gov. This is a higher standard of care than ordinary negligence. Airlines, charter operators, and air taxis operating under Part 121 or Part 135 are subject to this heightened duty.
General aviation pilots operating under Part 91 are subject to the ordinary reasonable care standard of Civil Code section 1714(a). The full text of Civil Code section 1714 is at leginfo.legislature.ca.gov.
Products Liability — Aircraft and Component Manufacturers
Where an aircraft accident resulted from a defective aircraft, engine, component, or avionics system, the manufacturer may be strictly liable under Greenman v. Yuba Power Products (1963) 59 Cal.2d 57. The General Aviation Revitalization Act of 1994, codified at 49 U.S.C. section 40101, provides an 18-year statute of repose for general aviation aircraft manufacturers. A manufacturer may invoke GARA as a defense to bar product liability claims for general aviation aircraft older than 18 years. Whether GARA applies, and whether statutory exceptions — including exceptions for aircraft used in commercial operations and for newly installed components — defeat the defense, requires case-specific analysis.
Government Entity Claims — ATC and Airport Operations
Where an air traffic control error, a runway incursion facilitated by airport operations, or a negligent act by a federal employee contributed to the accident, claims may lie against the United States under the Federal Tort Claims Act, codified at 28 U.S.C. section 2671 et seq. FTCA claims require an administrative claim filed with the relevant federal agency within two years of the incident. Missing this deadline can potentially bar the claim. Tolling doctrines may apply depending on the facts.
The discretionary function exception to the FTCA, codified at 28 U.S.C. section 2680(a), shields the government from FTCA liability for acts involving a discretionary function — policy-level judgments — as opposed to operational-level failures. Whether the exception applies depends on whether the conduct at issue involved judgment calls in policy implementation. The government may raise this exception as a defense; whether it applies requires case-specific analysis.
Montreal Convention — International Flights
Claims arising from international commercial flights are governed by the Montreal Convention of 1999, which preempts state tort law claims for passenger injury or death on international flights. The Convention provides its own cause of action: strict liability for bodily injury up to 128,821 Special Drawing Rights (approximately $170,000 at current exchange rates — verify current SDR valuation at imf.org) without the need to prove fault; and liability beyond that amount unless the carrier establishes it took all necessary measures to prevent the damage. For serious injuries, the carrier's liability may not be capped if the carrier cannot rebut the presumption. A carrier may invoke the Convention to bar claims — such as pure emotional distress without qualifying bodily injury — that fall outside the Convention's scope.
Practice Areas — Fresno Aviation
Related Pages
- Fresno Personal Injury Attorney
- Fresno Wrongful Death Attorney
- Fresno Brain Injury Attorney
- California Aviation Accident Attorney
Attorney Michael Rehm handles aviation accident claims at Fresno Yosemite International Airport and throughout Fresno County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.
The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.