The March 23, 2026 collision between an Air Canada Express CRJ-900 and a Port Authority fire truck at LaGuardia Airport left two pilots dead and dozens of passengers injured. For those onboard—and for families affected by the tragedy—the legal and financial questions that follow can be overwhelming.
As detailed in our earlier report (Air Canada plane collision at LaGuardia raises serious safety questions after fatal runway crash), the crash appears to involve serious issues related to runway coordination and communication. But beyond the investigation itself, injured passengers and families need to understand what rights they have and what steps they can take.
This article explains those rights, including how international law—specifically the Montreal Convention—may apply to claims against the airline, as well as how additional claims may arise against other responsible parties.
Immediate Legal Rights After an Aviation Accident
Passengers involved in a crash like the LaGuardia incident may have the right to pursue compensation for injuries and losses. These rights can arise under multiple legal frameworks, depending on the facts of the case and the parties involved.
For injured passengers, claims may include compensation for:
- Emergency medical treatment and hospitalization
- Follow-up care and rehabilitation
- Lost wages or reduced earning capacity
- Long-term disability or impairment
- Pain, suffering, and emotional distress
These losses are typically categorized as economic damages and non-economic damages, both of which can be substantial in aviation cases.
Because aviation accidents often involve high-impact forces, victims frequently suffer serious and catastrophic injuries, including orthopedic trauma, neurological injuries, and internal damage that may require ongoing treatment.
In some cases, injuries may not be immediately obvious. Passengers who initially feel “okay” may later develop symptoms tied to underlying trauma.
The Montreal Convention and Airline Liability
One of the most important legal frameworks governing this case is the Montreal Convention, an international treaty that applies to most international air travel.
Because the Air Canada flight originated in Montreal at Montreal-Pierre Elliott Trudeau International Airport, and landed in New York, the Montreal Convention will likely govern claims against the airline.
Under the Montreal Convention.
- Airlines are strictly liable for passenger injuries up to a set monetary threshold
- Passengers are not required to prove negligence for initial recovery
- Claims can be brought in multiple jurisdictions, depending on the circumstances
- Additional compensation may be available if negligence is established
This structure is designed to protect passengers by simplifying the claims process, at least in the early stages.
However, that does not mean the process is simple in practice. Determining the full value of a claim often requires a detailed investigation into how the accident occurred, what injuries were sustained, and what long-term impacts the victim may face.
When Additional Liability Beyond the Montreal Convention Applies
While the Montreal Convention governs claims against the airline, it does not prevent injured passengers from pursuing claims against other responsible parties.
In a case like the LaGuardia collision, there may be multiple layers of responsibility, including:
- Air traffic control personnel
- Airport authorities and operators
- Ground vehicle operators
- Maintenance or operational contractors
This is where the concept of third-party liability becomes especially important.
For example, if investigators determine that conflicting runway clearances were issued or that a vehicle was improperly allowed onto an active runway, liability may extend beyond the airline.
These additional claims can significantly affect the total compensation available to injured passengers and families.
Claims for Families After Fatal Aviation Accidents
For families who have lost loved ones, the legal system provides avenues for recovery through a wrongful death claim.
These claims may seek compensation for:
- Loss of financial support
- Loss of companionship and guidance
- Emotional suffering
- Funeral and burial expenses
In addition, a survival claim may allow recovery for the pain and suffering experienced by the deceased prior to death.
The loss of a loved one in an aviation accident is not only emotionally devastating but can also have long-term financial consequences for families. Legal action may help provide both accountability and financial stability moving forward.
The Importance of Medical Treatment and Documentation
After an aviation accident, seeking immediate medical attention is one of the most important steps a passenger can take.
Even if injuries seem minor at first, underlying conditions may develop over time. These can include:
- Internal bleeding
- Soft tissue injuries
- Neurological damage
- Psychological trauma such as PTSD
In more severe cases, passengers may suffer a traumatic brain injury, which can have long-lasting cognitive and physical effects.
Medical records serve as critical documentation in any legal claim. They help establish the connection between the accident and the injuries sustained, which is essential when seeking compensation.
Long-Term Impacts and Future Medical Needs
Aviation accident injuries often extend far beyond the initial hospitalization.
Many victims require:
- Ongoing medical care
- Physical therapy
- Psychological counseling
- Assistive devices or home modifications
In these cases, compensation may include recovery for future medical care, which accounts for the long-term costs associated with serious injuries.
Calculating these future needs often requires input from medical professionals and life care planners, who can project the cost of care over time.
Evidence and Investigation
Building a strong legal claim depends heavily on gathering and preserving evidence.
In this case, key evidence may include:
- Air traffic control audio recordings
- Flight data and cockpit voice recordings
- Airport surveillance video
- Maintenance and operational records
- Witness testimony
This information is used to reconstruct the sequence of events and determine what went wrong.
The Role of Comparative Fault
In complex aviation accidents, responsibility is often shared among multiple parties.
Legal principles such as comparative negligence allow courts to allocate fault based on each party’s contribution to the accident.
For example, investigators may determine that:
- Air traffic control issued conflicting instructions
- Ground personnel failed to confirm clearance
- Operational procedures were not followed
Each of these factors can influence how liability is distributed and how compensation is calculated.
Time Limits for Filing a Claim
Passengers and families must also be aware of strict deadlines for filing claims.
The statute of limitations sets the timeframe for bringing a legal case. Under the Montreal Convention, additional time limits may apply.
Failing to act within these deadlines can result in losing the right to pursue compensation entirely.
Because of these time constraints, it is important to seek legal guidance as soon as possible after an accident.
Frequently Asked Questions
Do passengers automatically receive compensation after a plane crash?
Not automatically. While the Montreal Convention provides a framework for recovery, passengers must still file a claim and document their injuries. Additional compensation may require proof of negligence or other legal factors.
Can I pursue a claim even if I was not seriously injured?
Yes. Even moderate injuries can result in medical expenses, lost wages, and other damages. It is important to document all injuries and seek medical evaluation.
What if multiple parties are responsible?
It is common for aviation accidents to involve multiple responsible parties. Claims may be pursued against each party depending on their role in the incident.
How long will a case like this take?
The timeline can vary depending on the complexity of the case and the number of parties involved. Aviation cases often take longer due to the need for detailed investigation and expert analysis.
Legal Guidance for Injured Passengers and Families
Aviation accidents like the LaGuardia runway collision involve complex legal issues, including international treaties, multiple responsible parties, and highly technical investigations. Understanding your rights—and acting quickly—can make a significant difference in the outcome of a claim.
Spagnoletti Law Firm represents individuals and families affected by serious aviation accidents. An experienced aviation accident attorney can help you understand your rights under the Montreal Convention, identify responsible parties, and pursue the compensation you deserve.
If you or a loved one has been affected by an aviation accident, you can learn more about your options through a confidential consultation. Our firm handles cases on a contingency fee basis, meaning there are no upfront costs.
To speak with an aviation accident attorney, call 713-804-9306 or contact us online.