Attorney Michael Rehm — (800) 978-0754
Attorney Michael Rehm handles helicopter accident claims in Fresno and throughout the Central Valley. Helicopter operations in the Fresno area include emergency medical services, agricultural application, law enforcement patrol, utility inspection, pipeline survey, and private general aviation. Each category of helicopter operation involves a distinct legal framework, different regulatory requirements, and different potential defendants. This page explains the legal standards that govern helicopter accident claims under California and federal law.
Helicopter Accidents in the Fresno Area — NTSB Record
The NTSB's CAROL database records aviation accidents by airport identifier. In the most significant recent Fresno helicopter accident, on October 1, 2022, a Bell 206B JetRanger III (N284CA, NTSB No. WPR23LA004) operating as a pipeline survey helicopter crashed in a residential neighborhood on Garrett Avenue in southeast Fresno during a maintenance check flight. The pilot and passenger sustained serious injuries. The helicopter clipped a house, sheared off the top of a palm tree, and came to rest in the front yard of a residence.
The NTSB's final investigation — published September 26, 2024 — determined the probable cause was the in-service disbond of a segmented tail rotor drive shaft with bonded adapters, resulting in tail rotor failure. The investigation found that the splined adapter had a tapered outer diameter wall below specified limits, with evidence of heating and resolidification in the adhesive bond. Bell Alert Service Bulletin No. 206-20-139 had identified the need for periodic proof-load testing of these bonded shaft assemblies; the operator had conducted the required testing but the failure occurred before the next scheduled interval. The accident illustrates how helicopter maintenance requirements and the adequacy of manufacturer service bulletins can be directly relevant to liability. The full docket is available at carol.ntsb.gov. The Fresno CAROL record also includes a 1992 fatal Robinson R-22 helicopter accident (LAX92LA301).
Federal Regulation of Helicopter Operations
Helicopters in the United States are regulated by the Federal Aviation Administration under Federal Aviation Regulations, available at ecfr.gov. Key regulations include 14 C.F.R. Part 91 (general operating rules applicable to all civil aircraft), Part 135 (on-demand and commuter operations, including air ambulance and charter helicopter services), and Part 133 (rotorcraft external load operations, covering agricultural and utility helicopter work). Maintenance requirements for helicopters are governed by Part 43.
Helicopter pilots operating under Part 91 or Part 135 are required to comply with specific performance limitations, minimum equipment requirements, and weather minima. A helicopter pilot who flies into deteriorating weather conditions without instrument qualification, operates with known mechanical deficiencies, or exceeds weight-and-balance limitations has violated the FARs. Violation of an FAR is negligence per se under California law when the violation caused the type of harm the regulation was designed to prevent.
Air ambulance helicopter operators in California are additionally regulated by the Emergency Medical Services Authority. The NTSB has identified air ambulance helicopter operations as among the highest-risk segments of rotorcraft aviation. NTSB Special Investigation Report SIR-06/01 addressed helicopter emergency medical services safety concerns. Verification of that report's current availability is recommended before citing at publication.
Duty of Care
Helicopter operators providing transportation for hire — including air ambulance services, air taxi operations, and charter flights — 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.
Non-commercial general aviation helicopter operations 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 — Helicopter Manufacturers and Maintenance Providers
The 2022 Fresno Bell 206B accident illustrates that helicopter accident liability may extend to the manufacturer where a component defect — whether in original design, manufacturing, or the adequacy of service bulletins — contributed to the failure. California's strict products liability doctrine, established in Greenman v. Yuba Power Products (1963) 59 Cal.2d 57, holds manufacturers strictly liable for injuries caused by a product placed in the stream of commerce in a defective condition. A manufacturer's service bulletin that identifies a known failure mode but specifies an inadequate inspection interval may itself be a product defect if it fails to adequately address the risk.
Maintenance providers who perform work on helicopters and return them to service with uncorrected defects may be independently liable for negligent maintenance and repair. An airframe and powerplant mechanic who approves a helicopter for return to service with a known or discoverable mechanical deficiency has breached the applicable standard of care.
The General Aviation Revitalization Act (GARA), 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 to bar product liability claims for helicopters and aircraft components older than 18 years. Exceptions exist for aircraft used in commercial operations and for newly installed replacement components. Whether GARA applies and whether an exception defeats the defense requires case-specific analysis.
Government Entity Claims
Where air traffic control error, a federal airspace management failure, or the negligent act of a federal employee contributed to the helicopter accident, claims may lie under the Federal Tort Claims Act, 28 U.S.C. section 2671 et seq. FTCA administrative claims must be filed with the relevant federal agency within two years of the incident. Missing this deadline can potentially bar the claim. Tolling doctrines may apply. Contact Attorney Michael Rehm to assess the specific timeline in your case.
Damages
Recoverable damages under Civil Code section 3333 include medical expenses incurred and future care, lost wages and earning capacity, pain and suffering, and emotional distress. For fatal helicopter accidents, wrongful death and survival claims are available under Code of Civil Procedure sections 377.60 and 377.30.
Statute of Limitations
The statute of limitations for personal injury claims is two years from the date of injury under Code of Civil Procedure section 335.1. FTCA administrative claims must be filed within two years of the incident. Missing these deadlines can potentially bar a claim. Contact Attorney Michael Rehm to assess the specific timeline in your case.
Related Pages
- Fresno Aviation Accident Attorney
- Fresno Charter Flight Accident Attorney
- Fresno Wrongful Death Attorney
- California Aviation Accident Attorney
Attorney Michael Rehm handles helicopter accident claims in Fresno and throughout the Central Valley 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.
