Air Traffic Control Service Failures And Federal Aviation Administration Liability
Safe flying depends on air traffic controllers (ATCs) giving clear directions and fast warnings. When controllers make mistakes and planes crash, you need a strong legal team on your side.
At Nolan Law Group, our air traffic controller negligence attorneys have over 40 years of experience handling complex cases across the U.S. We have won over $150 million for our clients by reviewing radar data, questioning government workers and holding federal agencies responsible for their mistakes.
Common Errors Due To Air Traffic Controller Negligence
Air traffic controllers must follow strict safety rules to keep flights safe, which means a single mistake in the control tower puts planes in immediate danger. When suing the Federal Aviation Administration (FAA) for air traffic control error, our legal team will expose these failures:
- Poor weather routing: Controllers steer airplanes directly into severe storms instead of guiding them around danger.
- Runway errors: Tower workers give wrong takeoff or landing directions that cause airplanes to cross paths or crash on the ground.
- Handoff failures: Controllers fail to pass control smoothly when an airplane moves between different flight areas.
- Overworked staff: Exhausted employees in understaffed control centers make deadly mistakes.
- Missed altitude warnings: Radar operators forget to warn pilots when an airplane flies dangerously low to the ground.
These severe controller errors routinely cause preventable aviation accidents and tragic losses.
The Federal Tort Claims Act (FTCA) Process
Holding a government agency responsible requires a specific legal process. You cannot go straight to court. First, you must submit an official claim form, known as Standard Form 95, to the FAA. You have exactly two years from the date of the accident to complete this step.
The agency has six months to review your claim. You must wait for this six-month window to pass before you can take the next step. Once that time passes, you can officially file an FAA negligence lawsuit in federal court. A judge will review all the proof and decide your case.
Bypassing The Discretionary Function Exception
Government lawyers routinely attempt to dismiss claims by invoking discretionary immunity defenses. They claim that controller actions involve policy choices that courts cannot review. We defeat this defense by proving that controller mistakes represent operational failures rather than policy choices. By proving that controllers violated mandatory procedural directives, we eliminate government immunity defenses.
How Nolan Law Group Can Help
We will work hard to overcome strict federal administrative requirements by filing meticulously prepared SF-95 claims supported by irrefutable radar and audio evidence before statutory deadlines expire. To recover damages for ATC operational errors, we invalidate the government’s “discretionary function” defense by proving controllers failed to follow mandatory safety rules.
Because controller operational errors often intersect with pilot oversight or instrument failures, our trial attorneys also implement a comprehensive multidefendant strategy. We will execute coordinated trial plans against both government agencies and commercial aircraft manufacturers to hold all responsible parties accountable.
Talk To Experienced Air Traffic Controller Negligence Lawyers Today
Contact Nolan Law Group today to discuss your aviation claim with our trial team. Call our office at 312-820-2071 or complete this intake form to schedule a consultation. We handle claims from all over the U.S. and act immediately to protect your rights.