Air Traffic Control Negligence and Your Claim

When Communication Breaks Down and Lives are on The Line

Every pilot depends on air traffic control (ATC) like a lifeline. Every passenger does too, even if they never think about it. One misheard word, one missed warning, one second of confusion and an entire flight’s safety can vanish. The consequences are devastating: midair collisions, runway crashes, near-misses that turn into nightmares.

Our personal injury attorneys at Horn Wright, LLP, represent people who’ve been injured or lost loved ones because of air traffic control negligence. We handle aviation cases across New York, and we also serve New Jersey, New Hampshire, Vermont, and Maine. Each state has its own deadlines and damage laws, but negligence in the sky follows one rule everywhere: preventable errors should never happen twice.

If you suspect air traffic control mistakes contributed to your crash or injury, call (855) 465-4622. You’ll get honest answers, compassion, and a team that knows how to stand up to federal agencies, airlines, and insurers when lives have been lost to bad communication.

What Air Traffic Controllers Are Supposed to Do

Air Traffic Control  professionals guide aircraft from taxi to touchdown. 

Their work is intense—constant coordination between multiple pilots, radar systems, and weather feeds. But it’s also built on rigid rules. Controllers are trained to follow precise Federal Aviation Administration procedures for every word and handoff they make.

When those procedures are ignored, the results can be catastrophic. A missed altitude warning, a delayed clearance, or a misread radar screen can put two aircraft on the same path. A wrong runway assignment can create a disaster before the wheels ever leave the ground.

Controllers have an enormous responsibility because every instruction they issue, or fail to issue, can affect hundreds of lives. When they fall short of that standard, accountability matters.

How Air Traffic Control Negligence Causes Accidents

Negligence in air traffic control usually isn’t about intent. It’s about distraction, pressure, or failure to follow protocol. Still, the impact is the same: chaos where order should exist.

• Miscommunication between controllers and pilots. The FAA’s phraseology system exists for a reason. Deviating from it creates confusion, especially between foreign and domestic pilots. When words are unclear, collisions and near-misses become real risks.
• Radar monitoring failures. Controllers must track aircraft separation at all times. In busy airspace like JFK, LaGuardia, or Newark, a moment of inattention can erase miles of safe distance in seconds.
• Improper handoffs between control sectors. When responsibility for an aircraft shifts, the new controller must confirm position, altitude, and heading. Missed handoffs leave pilots “in limbo,” flying without anyone truly watching.
• Ignored weather and turbulence reports. Controllers are required to relay critical weather information. When they don’t, pilots can fly into dangerous conditions that should’ve been avoided.

Negligence doesn’t have to mean a full-scale crash. Even severe turbulence, hard landings, or aborted takeoffs linked to bad ATC calls count.

Who Can Be Held Liable

Air traffic control negligence cases involve more layers than most aviation claims. Responsibility may lie with federal agencies, private contractors, or even airlines, depending on how the control facility was staffed and operated.

• The Federal Aviation Administration (FAA). Most U.S. air traffic controllers are federal employees. Claims against the FAA fall under the Federal Tort Claims Act (FTCA), which has unique filing rules and strict deadlines.
• Private ATC contractors. Some smaller airports outsource air traffic control to private companies. When those controllers make mistakes, standard negligence laws apply.
• Airlines and pilots. Controllers rely on pilot cooperation. If a pilot misheard or ignored instructions, the airline may share partial responsibility under comparative negligence rules in states like New York or Vermont.
• Equipment and software manufacturers. Defective radar systems, headsets, or communication tools can also cause controller errors. Those fall under product liability law.

Our legal team investigates every link in the chain until the full picture of fault emerges. No single party gets to hide behind bureaucracy or finger-pointing.

The Legal Process in ATC Negligence Cases

Air traffic control negligence claims move differently than other personal injury cases. They often require federal filings, specialized experts, and coordination with multiple agencies.

In New York, most personal injury claims are governed by Civil Practice Law & Rules Section 214(5), which sets a three-year limit. But if the FAA is involved, the FTCA’s timeline applies—meaning you must file an administrative claim within two years of the event, and only after denial can you sue in federal court. 

For wrongful death, Estates, Powers, and Trusts Law Article 5-4.1 gives families two years to file in state cases.

Our firm handles both federal and state aviation cases seamlessly. We manage filings with the NTSB, coordinate with federal investigators, and ensure you meet every procedural requirement while keeping your claim moving toward recovery.

The Evidence That Proves Negligence

Air traffic control negligence isn’t always obvious on day one. The evidence lives in data, recordings, and transcripts—materials that can vanish if not requested quickly.

• ATC voice recordings. Every radio exchange between pilots and controllers is recorded. We obtain and review these tapes to pinpoint miscommunication or missed warnings.
• Radar data and flight paths. We reconstruct the incident using radar tracks and flight recorder data to show exactly where separation was lost or instructions went wrong.
• NTSB and FAA reports. Official findings often confirm deviations from procedure. We map those to your injuries and damages to strengthen causation.
• Expert testimony. Former controllers, aviation engineers, and flight safety specialists translate technical errors into plain English juries can understand.

The evidence tells the story. Our New York attorneys make sure it’s preserved before it’s “misfiled” into silence.

What Damages You Can Recover

When air traffic control negligence leads to injuries or loss, compensation should reflect the full impact on your life, not just the obvious costs.

• Medical expenses and future care. From emergency transport to rehabilitation and home assistance, we calculate the total cost of recovery, so you’re not underpaid later.
• Lost wages and future income. Injuries from aviation incidents often end or disrupt careers. We use economists to document both short-term and long-term losses.
• Pain, suffering, and emotional trauma. Fear of flying, anxiety, and post-traumatic stress disorder are common after ATC-related accidents. The law allows recovery for both physical and emotional harm.
• Wrongful death damages. Families can recover funeral costs, financial support, and the value of services the victim provided under EPTL Article 5-4.1 or similar state laws.

These damages are your rights. The sooner we document them, the stronger your claim becomes.

Why Acting Quickly Changes Everything

Time is the enemy in air traffic control negligence cases. Flight data gets archived. Recordings get overwritten. Controllers get reassigned. Every hour counts.

When you contact us early, we send preservation requests, file administrative claims under the FTCA if needed, and start expert review before the paper trail goes cold. We also coordinate across jurisdictions—New York, New Jersey, New Hampshire, Vermont, and Maine—to identify where to file for the best outcome.

The airlines and agencies involved will have entire legal teams protecting their interests. You deserve one protecting yours, with the same speed and precision.

Taking Back Control After Air Traffic Control Negligence

You trusted the system to keep you safe. That system failed. But accountability doesn’t have to stop at the tower.

Our aviation and airplane accident attorneys at Horn Wright, LLP, help victims and families  hold negligent air traffic controllers, agencies, and operators accountable. Our work goes beyond compensation. It’s about forcing change in an industry where communication errors still cost lives.

If you’re ready to move forward, get in touch with us to arrange your free case review. We’ll handle the investigation, filings, and experts while you focus on healing. Because after a crash caused by silence or confusion, you deserve the one thing that was missing that day—clarity and control.