Who Is At Fault in a Drone Accident in Georgia?

Drones have grown rapidly in popularity in recent years, and at any given event, it’s not uncommon to see them whirring through the air. Though they are often used for recreation and entertainment, they also have commercial uses such as real estate photography, package deliveries, and wedding videography, to name just a few.

Unfortunately, drones also have the capacity to cause significant damage. Drones can crash into pedestrians, interfere with vehicles or cause damage to aircraft. Because this technology is still relatively new, accidents raise lots of questions,and the most important one is, “Who is legally responsible for this?”

If you’ve suffered bodily harm due to a negligent or reckless drone operator, we can help. Call Harris Lowry Manton to set up a consultation with an accident lawyer now.

Common types of drone accidents in Georgia

Drone accidents can occur in a wide variety of ways, each raising its own questions of liability. Some of the most common scenarios we see include:

• Collisions with people: Properly operating a drone requires experience and caution. Reckless drone operators may get too close to people or lose control of their drone entirely, causing it to strike bystanders. People may suffer cuts, bruises, and more serious injuries. These accidents can also cause significant emotional and mental distress for victims.
• Causing property damage: Drones are responsible for a significant amount of property damage across the United States. Drones that crash into structures and vehicles can cause thousands of dollars in damage, and drones that carry equipment can also cause damage by dropping it.
• Traffic interference: A reasonably cautious drone operator keeps their equipment away from roadways to avoid distracting drivers and potentially running into vehicles. When they get too close to the road, drivers may panic and overcorrect, causing collisions.
• Aircraft interference: Some of the most serious drone accident cases involve interference with aircraft. A growing number of drones on the market can reach heights great enough to cause visual interference for pilots or even strike airplanes. When drones are operated near airports, they can even cause flights to be delayed.

Liability for drone accidents

Determining liability largely comes down to the circumstances of the accident. Potential liable parties include:

The drone operator

In most drone accident cases, liability ultimately lies with the drone operator. Operators are legally required to handle their drones safely and take reasonable steps to prevent harm to others. This includes following all local and federal regulations, but it goes beyond that. Even if someone is operating within legal limits, they may still be negligent if they are operating their drone in a way that is outside their experience, training, or comfort levels. Operators who take unnecessary risks, exceed heights of 400 feet, or use their drone while distracted or impaired can cause serious harm to others and their property. If their negligence leads to injuries or property damage, they may be held liable and have to pay damages.

Drone manufacturers

Although operators are often responsible for drone accidents, there are also many accidents where liability rests with the manufacturer. If a drone is defective, it doesn’t matter how safe or careful the operator is—the drone itself is a hazard that can become dangerous at any point in time. Imagine, for example, a drone whose battery catches fire mid-flight, causing it to fall and strike someone. Another example: a drone with a navigation system that fails despite appropriate use, causing the operator to lose connection with the drone mid-flight. When it’s proven that a manufacturing or design defect contributed to (or fully caused) an accident, the manufacturer may bear some financial responsibility.

Commercial entities

In some cases, commercial parties outside the physical operator and drone manufacturer may be responsible for accidents. Consider companies that use drones for package delivery. If the employee causes an accident while doing a drone delivery, the employer may be ultimately responsible due to vicarious liability. A wedding videography company that relies on drone usage for some of its shots may be responsible if its drone crashes into a guest’s car, drops a camera on a guest, or interferes with an airplane in flight.

FAA regulations

The FAA defines drones as “unmanned aircraft systems,” with many drones falling into the category of “recreational flyers.” Operators must follow the guidelines of a Community-Based Organization, keep their drone within their line of sight at all times, and always give way to other aircraft. Operators who want to fly in controlled airspace must secure prior FAA authorization. Outside of controlled airspace, operators must fly at or below 400 feet.

Before operating a drone, operators must pass a Recreational UAS Safety Test and carry proof of their test passage when flying. They must also have proof of registration for their drone.

These requirements are even stricter for those who fall outside the recreational flyer category. They may have to pass the Unmanned Aircraft General-Small Knowledge Test, get an FAA tracking number, and be fully versed on Part 107 rules.

Your next steps

If you or your property have been harmed in a drone accident, it’s important to act quickly to preserve your rights, document the evidence, and hold the negligent party accountable. Our team of personal injury lawyers can help you figure out how the accident occurred, who caused it, and how much compensation you may be entitled to. Evidence degrades fast after these accidents, so the quicker you act, the stronger your case may be.

Demand compensation after a drone accident with Harris Lowry Manton

If you’re ready to start your personal injury claim, we’re here to advocate for you. From investigating your claim to negotiating for fair compensation, you can trust us to always act in your best interest. Set up a consultation now by contacting us online or calling us today.