Lawyers Can Assist Persons With Air Traffic Controller Negligence Claims

If you or someone you love has suffered an injury or passed away in an aviation accident, you may be entitled to compensation.

Air traffic controllers have a duty to assist pilots with safely taking off and landing from airports. Air traffic controllers must possess a license from the Federal Aviation Administration (FAA). The FAA compiles operation manuals that contain procedures that air traffic controllers must follow. For example, air traffic controllers must accurately transmit information in the manuals and take all steps necessary to keep pilots and their passengers safe while flying.

Air traffic controllers have a duty to prevent midair collisions between aircraft, respond to pilots in emergencies and provide solutions, notify pilots of dangers, inform pilots of inclement weather, and ensure that planes take off and land safely. Unfortunately, air traffic controllers who act negligently have been the cause of serious airplane accidents. Studies have shown that when air traffic controllers fail to keep pilots safe, and their negligence results in an airplane accident, victims have a right to bring a lawsuit for compensation. Contact the experienced personal injury lawyers at Arnold & Smith, PLLC today to schedule a free initial consultation and learn how we can advocate for you or an injured loved one.

The majority of general aviation airplane accidents involve small passenger planes. Pilots on small planes often do not use instruments or designated routes to determine their flight paths. Also, their field of vision is often small compared to larger aircraft. Pilots depend on air traffic controllers to notify them of dangerous or hazardous situations. When air traffic controllers negligently fail to provide pilots with warnings, accidents can happen.

A failure to issue warnings to a pilot is the main cause of accidents caused by air traffic controllers. Courts have held air traffic controllers liable for accidents caused by a failure to issue warnings, including the failure to issue warnings in time for a pilot to avoid a disastrous accident. In some cases, air traffic controllers are not properly trained for the job. In other cases, controllers fail to pay adequate attention because they are distracted. Whatever the cause of the negligence, injured victims of a plane accident may hold air traffic controllers accountable for injuries.

Air traffic controllers are responsible for managing many different incoming and outgoing flights. They must take into consideration the impact of inclement weather on every aircraft to ensure that pilots and passengers arrive safely. Many plane accidents occur on arrival or as a plane departs.

When weather conditions become too dangerous for flight, air traffic controllers have a duty to warn pilots not to take off. Inclement weather can make it difficult for air traffic controllers to track and manage planes on runways, however they still have a duty to advise planes as to the safest path of travel. When disorganization or bad decisions made by air traffic controllers cause plane accidents, victims may have the right to bring lawsuits.

All air traffic controllers have a legal duty to use reasonable care while performing their duties. When air traffic controllers breach that duty, they may be liable for the injuries that they cause. Air traffic controllers have a duty to warn pilots of hazardous conditions. When air traffic controllers provide pilots with inaccurate information, they have a duty to contact pilots and share the correct information as soon as possible.

Air traffic controllers must receive certification from the FAA. As such, all negligence lawsuits brought against air traffic controllers are subject to the Federal Torts Claims Act. That Act describes the procedures for holding negligent actors responsible for their conduct.

The agency or company that employs controllers may be held liable for negligence based on a theory known as respondeat superior. Under this legal doctrine, an employer can be held legally responsible for any negligence on the part of an employee or agent, as long as the latter is acting within the scope of one’s employment. When an air traffic controller acts negligently, injured victims may seek to hold the federal government liable for negligence. A successful plaintiff can recover damages for medical expenses, lost time from work, and pain and suffering.

When air traffic controllers fail to adhere to the duty of care and their negligence results in an airplane accident, injured victims may have a right to pursue compensation. Contact our experienced personal injury lawyers today to schedule a free initial consultation and learn how we can advocate for you or an injured loved one.