Travis Barker has filed a lawsuit that blames the pilots and defective equipment for the plane crash that severely injured the drummer and his colleague DJ AM, and killed four others.
Barker, the ex-drummer of Blink-182, was injured in the crash of 20 September 2008 in Columbia, South Carolina.
Barker is suing Goodyear Tire and Rubber Co, which owned the Learjet that crashed, and an aeroplane maintenance company, for $25,000 (£17,000) in damages for pain and suffering, disfigurement, loss of earnings plus medical and legal expenses.
The suit claims the pilots "negligently decided to abort" the takeoff when the Learjet's tyres failed at the airport.
The LA Superior Court lawsuit, continues: "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 onboard and was a substantial factor in causing the crash and resultant injuries and deaths."
Thelma Martin Still, the mother of Barker's bodyguard Charles Monroe Still Jr, who was killed in the crash, has joined the drummer in the lawsuit. She is suing for damages including grief and sorrow and funeral expenses.