The suit states: “The pilots were either poorly trained and/or failed to follow their training. The pilots’ decision was a breach of their duty owed to the passengers on board and was a substantial factor in causing the crash and resultant injuries and deaths.”

It goes on to say that the plane’s “landing gear, tires, wheels, brakes, reverse thrust system, squat switches and component parts were not airworthy.”

Barker is suing for “pain and suffering, mental anguish, psychological and emotional distress, disfigurement, loss of earnings capacity and medical expenses.”

He told press, “I’m already playing my drums again and I’m already back in the studio. It was like riding a bike. It was really exciting to know I still have my chops. It still felt good. I still can make it around the kit. Everything felt right, so I’m thankful to be able to play.”

In what comes as a saddening surprise, Travis Barker and Adam Goldstein (aka DJ AM) were on board a Learjet that crashed while taking off from a South Carolina airport late last night (September 19).

According to reports, the crash was fatal - killing four people and critically injuring two others on the small aircraft. Federal Aviation Administration spokeswoman Kathleen Bergen told that air-traffic controllers saw sparks before the plane careened off the runway and crashed at a nearby road.

At this time, Barker and Goldstein are both said to be listed in critical condition at a burn clinic in Augusta, Georgia. Barker is said to have suffered injuries from the waist down, while DJ AM incurred facial burns.

Federal officials have also said that two crew members and two passengers were killed in the crash - with a coroner identifying three victims: Pilot Sarah Lemmon, 31; co-pilot James Bland, 52; and Barker’s assistant, Chris Baker, 29.

William Owens, who was driving down the road and stopped to help after the incident occurred, told press that he saw Travis Barker and Adam Goldstein by the side of the plane, saying: “We turned to the jet to try and see if there was anything we could do, but immediately, there was nothing anyone could do.”