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Nolan Law Group
  • Home
  • About
    • Mission Statement
    • Our Team
  • Practice Areas
    • Aviation Accidents
    • Medical Negligence
    • Traumatic Brain Injury Attorneys
    • Wrongful Death And Personal Injury
    • Carbon Monoxide Poisoning
  • Testimonials
  • Verdicts & Settlements
  • Blog
  • Contact
  • Resources
    • Law Firms Secure $9.1M Malpractice Verdict
    • NLG retained for UPS Cargo Crash
    • First 48 Hours After Aviation Disaster
    • AA Flight 5342 Investigation Update and Resources
    • AA Flight 5342 NTSB Media Briefing
    • AA Flight 5342 Reconstruction
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  5. How air traffic controller negligence creates risks for accidents

How air traffic controller negligence creates risks for accidents

On Behalf of Nolan Law Group | Mar 26, 2026 | Accidents & Incidents

Following the events at LaGuardia Airport on March 22, 2026, many families are left seeking answers. When an aviation accident occurs, multiple factors are often at play. Understanding the legal framework for accountability is the first step toward finding peace of mind.

The responsibilities of an air traffic controller

Air traffic controllers are the overseers of movement on the ground and in the sky. They are responsible for managing the safe flow of aircraft to prevent collisions. Because their tasks are high-risk, they must strictly abide by the Federal Aviation Administration’s (FAA) Air Traffic Control Procedures to minimize errors. Failing to adhere to these established standards may constitute air traffic negligence.

Errors in the control room often stem from several critical factors:

  • Understaffing
  • Fatigued controllers
  • Lack of clear communication between controllers and pilots
  • Failing to monitor the radar
  • Improper handoffs between sectors
  • Failing to account for weather and turbulence reports

These may be seemingly minor lapses, but they can cause a chain of fatal events. For instance, if miscommunication occurs, an aircraft can collide with vehicles on the runway or in the taxi bay.

Your rights as a grieving family member

Because air traffic controllers are federal employees, the Federal Tort Claims Act (FTCA) governs any legal action regarding their negligence. However, this comes with strict procedural hurdles. You must file an administrative claim with the FAA first and wait for their response. They have six months to review the claim, offer a settlement or issue a denial.

If the FAA denies your claim or fails to act within six months, you have the right to submit a formal lawsuit in U.S. District Court.

Seeking accountability with legal support

Aviation litigation against the government can be complex. While the FAA may argue the Discretionary Function Exception, courts hold that a controller’s operational errors do not fall under this protection.

Timing is critical for tort claims. You generally have two years from the date of the accident to file an administrative claim. Once the FAA issues a formal denial, you have six months from the date of that mailing to file a lawsuit in federal court. Missing these deadlines will permanently bar your recovery.

Before you take action, consider seeking legal counsel from an aviation law attorney. They can review your case and guide on meeting the two-year statute of limitations for tort claims.

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