Kreindler Attorney Kevin Mahoney Examines the Legal Responsibilities of Air Traffic Controllers and Pilots in Preventing Aviation Collisions
January 29, 2025
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Originally published in the New York Law Journal
Kreindler & Kreindler partner Kevin Mahoney recently authored an article published in the New York Law Journal, examining 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 crash between American Airlines Flight 5342 and a Black Hawk helicopter, which claimed 67 lives.
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.
Mahoney adds, “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.”
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.