Suing for a Drone Accident: Your Legal Options Explained

Drones have increased in popularity in recent years, which means that the number of people who have had property damaged or have been injured by drones has increased too. This raises an important legal question: “Can I sue for a drone accident?”

People asking if they can sue for a drone accident are curious about their legal rights, which can vary based on individual state laws and how the drone accident occurred. These drones can, unfortunately, impact serious or even deadly force in the hands of someone who is not properly trained to operate it. 

Many people use drones for recreation or even for taking pictures. There are serious consequences associated with poorly or improperly operating a drone, however, particularly if a drone were to come into contact with a commercial aircraft and jeopardize its traveling route. Even when using drones for more recreational purposes, such as taking pictures at a wedding or at a real estate open house, serious accidents can occur. 

People who have been injured in a drone accident due to improper operation could have grounds to pursue a personal injury lawsuit and might turn to Google to search "Can I sue for a drone accident?" 

Common Drone Injuries

Any time that a drone crashes or hits someone, this can cause injuries. The injuries will depend on the speed the drone was going at the time of the accident and where the accident happened. But these small devices can carry big consequences in the event of a crash.

If you’re hit by a drone, you can expect injuries like:

•       Lacerations
•       Burns
•       Broken bones or fractures
•       Brain injuries

One of the most important things to do after being hit by a drone is to get medical care. Taking care of yourself is the top priority. But also, you might not realize some of your I juries or condition until days after an incident. It's important to have a medical professional review your condition before drawing your own conclusions. Plus, it will be much easier to file a personal injury claim when you have a proper examination and a lawyer with a strong track record for your type of concern. 

If you have been seriously hurt and another person is responsible for your injuries, this information can become the core of your personal injury claim. 

Sometimes, filing a claim directly against the responsible party could lead to a settlement conversation. This is because someone who was negligent in a drone accident might not want the uncertainty of going through courts and not knowing if the judge or jury will award you a significant amount. Before committing to any settlement amount, however, it's important to communicate with your personal injury attorney to decide whether or not the settlement sufficiently covers the injuries you sustained. 

Understanding Drone Accident Liability

If you have been hit by a drone and can show that another person was negligently or recklessly operating it, you could file a lawsuit for drone accident liability. A drone is much like other devices which remain under the control of an operator who needs to exercise reasonable care when operating it.

One of the most complex aspects in these types of lawsuits is that these devices can be complicated and require some level of expertise, but this cannot be easily verified, such as a driver's license where a person has to pass a test and maintain a current license to be verified. At present, there are no federal regulations or laws regarding the use of personal drones, although plenty of local municipalities have banned their use in certain areas that impact commercial airspace.

Basics of Drones

Drones can reach speeds of 140 miles per hour and travel as high as 5,000 ft. Even at lower heights and speeds, these devices can cause serious injuries in a collision for someone who is struck by them. Most people will not be able to react quickly enough if a drone accident is imminent because the machine could break and fall on or near them very quickly. Many people are not looking up or monitoring the trajectory of a drone, which increases their chances of being hurt.

Understanding Liability Issues in a Lawsuit

If you have been hit by a drone and injured, you may be eligible to open an injury claim against the operator for failing to use reasonable care in the operation of the device. Depending on the specifics of your case, you could also have a lawsuit against the drone manufacturer. 

In some cases, if the owner of the land you were on at the time of the accident is different from the original party, you could also have a lawsuit or claim against the landowner if they knew or should have known about any drone activity. The maker of the drone could also be held legally responsible for injuries sustained by a victim. Even though many drones contain instructions and safety precautions, it is important that these warnings be adequate enough to indicate the possibility of serious accidents and injuries for others. 

If you can show that the drone contains some type of defect in the marketing, design, or manufacturing that makes it possible to result in a loss of control, you may be able to pursue a product liability lawsuit as well. In most cases, you will need to go after the drone operator specifically because it is doubtful that a renter's liability or homeowner's insurance policy would cover injuries from a drone. 

In some cases, liability insurance might be carried by the person who uses a personal drone, which is an avenue to explore. If you find yourself in these circumstances, it is important to retain the services of an experienced and knowledgeable drone accident lawyer.

What Kinds of Damages Can I Get?

As with many other product liability and personal injury lawsuits, there are several different types of damages you may be eligible for based on the extent and nature of your injuries. Some of the most common damages include pain and suffering, past and future income loss, past and future medical expenses, lost earning capacity, psychological trauma, disfigurement, permanent disability, or spousal loss of consortium. 

You need to have an attorney investigate your case as soon as possible if you find yourself in this circumstance, as choosing the right drone accident lawyer could have a significant impact on your ability to recover compensation. Do not hesitate to get help from a dedicated drone accident lawyer, so that you can have your legal questions answered and understand the various legal theories and negligent parties that could be associated with your lawsuit.

What Does a Lawyer Really Do?

Since drone law and accident issues are still evolving, it’s worth finding a lawyer who has experience in this area of the law. When you retain a personal injury lawyer who has a background in handling drone cases, the person will often begin with a thorough investigation of your accident. Their primary purpose is to determine how the accident occurred and which actions of the owner of the drone contributed to the negligent behavior. This information is then used to make a case regarding your damages. The injuries that you have sustained and the long-term prognosis for them will influence your possible recovery amount.

Your lawyer will handle all communications for you in your legal case, including working with the insurance company. If a settlement offer is presented, your lawyer will bring this to your attention so that you can fully evaluate it. 

When Should I Hire a Lawyer?

Ideally, you should hire a personal injury lawyer as soon as possible after you’ve been hit by a drone. Each state has its own rules around a maximum time limit beyond the accident; if you exceed this time limit, you could lose your right to recovery. The sooner you speak with a lawyer, the easier it will be to realize which things you need to gather before filing for court. 

Will My Case Go All the Way to Trial?

There is always the possibility that your drone accident case will go to trial, however, it is more common for these cases to be resolved in settlement conversations outside of court. It is important when reaching out to an experienced personal injury attorney to find a lawyer with extensive experience in handling both the settlement and a trial aspects of the case. This will give you the opportunity to understand when it is in your best interest to accept a settlement and also to know that your lawyer is properly prepared in the event that he or she will file in court. 

If you or someone you love has been injured in a drone accident, please contact the experts at Morgan & Morgan for a free case evaluation to get started on your journey to recovery. It's time to get the compensation you deserve.