Kreindler & Kreindler Partner Kevin Mahoney recently authored, Aviation Collisions: Legal Duties and Responsibilities, published in the New York Law Journal. In the attorney article, Mahoney examines the legal responsibilities of air traffic controllers and pilots in preventing aviation collisions. His analysis followed a near-miss event involving a Delta Airlines Airbus 330 and a United Airlines Boeing 737 at Phoenix Sky Harbor International Airport, which prompted an FAA investigation. *This piece was published the morning of the mid-air collision of an American Airlines Jet and an Army Black Hawk Helicopter over the Potomac in Washington, D.C. which tragically claimed 67 lives.
Not surprisingly, air traffic controllers have a legal responsibility to prevent aircraft under their control from colliding. If controllers fail in this responsibility, the United States can be sued
Mahoney highlights the increasing frequency of such incidents and emphasizes the legal framework that governs air traffic control negligence. “Not surprisingly, air traffic controllers have a legal responsibility to prevent aircraft under their control from colliding. If controllers fail in this responsibility, the United States can be sued,” he writes. However, liability under the Federal Tort Claims Act (FTCA) is complex, as the government is shielded from lawsuits stemming from liability for acts involving elements of “judgment or choice.”
The article also explores the evolving role of technology, particularly the Traffic Collision Avoidance System (TCAS), which has been instrumental in preventing midair crashes. “Given the success of TCAS and rapid advances in technology and artificial intelligence, a future in which an integrated electronic system simultaneously operates, navigates, and separates aircraft, without any human input at all, seems inevitable,” Mahoney notes.
Mahoney does, however, relay the importance of proactive intervention in protecting travelers. “We must all be vigilant in ensuring that this country’s outstanding safety record does not lull us into complacency.” Catastrophic collisions pose risks to the lives of everyone on board multiple aircraft as well as people on the ground.
Partner Kevin Mahoney is playing a pivotal role on the Kreindler legal team representing dozens of victims following the 2026 fatal runway crash at LaGuardia Airport between an arriving Air Canada jet and a NY/NJ Port Authority fire truck. Kevin played an important role in the litigation resulting from the Francis Scott Key Bridge tragedy, in which the firm successfully settled cases for most of the wrongful death victims. Kevin is also on the Kreindler legal team that represents 34 victims of the 2025 Washington, D.C. midair collision over the Potomac River between an Army helicopter and an American Eagle jet. His broad experience covers a wide array of transportation litigation involving airliners, military aircraft, general aviation aircraft, air tour operations, maritime vessels and tractor-trailers, as well as premises liability disputes throughout the United States.
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Not surprisingly, air traffic controllers have a legal responsibility to prevent aircraft under their control from colliding. If controllers fail in this responsibility, the United States can be sued
