Mid Air Collision Lawsuit

A midair collision (MAC) is an aviation accident involving two aircraft coming into contact with each other while both are in flight. MACs can involve commercial aircraft, private planes, helicopters and conflicts between military and civilian airspace.

MACs typically result from a failure to maintain adequate vertical or horizontal separation. This type of plane crash often occurs when a faster-moving aircraft overtakes a slower airplane. Common causes of midair collisions may include:

Pilot error or failure to follow air traffic instructions

Pilot error can consist of preflight and inflight mistakes. According to the Federal Aviation Administration (FAA), the 10 most frequent causes of accidents involving pilot error include:

1. Failure to maintain directional control
2. Failure to obtain and/or maintain flying speed
3. Failure to see and avoid objects or obstructions
4. Fuel mismanagement
5. Improper in-flight decisions or planning
6. Improper level-off
7. Improper operation of flight controls
8. Inadequate pre-flight preparation or planning
9. Misjudgment of distance and speed
10. Selection of unsuitable terrain

Air traffic control miscommunication or oversight

Communication errors between pilots and air traffic controllers are one of the most critical issues for aviation safety. Examples include misunderstandings, missed transmissions and problems with communication equipment. In addition, reports reveal that as many as 99% of air traffic control towers in the U.S. were understaffed in 2023. Controllers also work long hours, often in sub-optimal conditions.

Inadequate radar or flight tracking technology

When radar or flight tracking equipment is insufficient or malfunctions, it can be difficult for air traffic controllers to locate aircraft and direct flight crews.

Congested airspace or lack of separation protocols

Traffic density, traffic complexity and a mixture of types of aircraft can increase the likelihood of a midair collision plane crash. Traffic-related midair collisions are most common near airports. They often result from confusion over landing order. The highest risk occurs at airports without air traffic control towers.

Midair collisions are rare.

FAA midair collision statistics from January 2009 to December 2013 documented 42 MACs. However, during that same period, 461 near-midair collisions (NMACs) were reported. Though they do not occur often, MACs still happen every year in U.S. airspace.

Many MACs involve general aviation aircraft (i.e., planes that are non-military and not commercial). Some recent crashes have involved military helicopters and commercial airplanes. One recent example is the January 2025 midair crash involving American Airlines Flight 5342 and a U.S. Army Black Hawk Helicopter.

FAA midair collision data indicates that human error is the leading factor in these types of plane crashes. The FAA identified a need for improvements in pilot education, operating practices, procedures and improved visual scanning techniques.

Motley Rice aviation attorneys have worked on numerous aviation accident and midair collision lawsuit cases. Our experience in midair collisions includes several notable incidences.

American Airlines Flight 5342 plane crash

Motley Rice is representing the families of the victims of American Airlines Flight 5342. This commercial flight collided midair with a military helicopter on January 29, 2025. The flight began in Wichita, Kansas, and collided with the Sikorsky UH-60 Black Hawk while approaching the runway at Ronald Reagan Washington National Airport. Both aircraft then crash-landed in the Potomac River.

The collision killed everyone aboard the commercial aircraft and the helicopter. The victims included 60 passengers, four crew members and three soldiers. The National Transportation Safety Board (NTSB) has issued its preliminary crash report. It highlights airspace congestion, air traffic control staffing issues and helicopter altitude deviations as key factors. Motley Rice attorneys are currently investigating the crash.

Alaska midair collision

Our aviation attorneys represented the survivors of victims of an Alaska midair collision that caused the deaths of seven people on July 31, 2020. The two aircraft involved in the crash were a de Havilland DHC-2 Beaver carrying six people and a twin-engine Piper Aztec, occupied by only the pilot.

The NTSB investigation determined that the cause of the crash was that the pilots didn’t see each other. It also cited the lack of an FAA requirement for traffic awareness gear with audible warnings.

Air Force F-16 and private plane midair collision

Motley Rice obtained a multi-million dollar wrongful death settlement for the survivors of a father and son who were tragically killed after an Air Force F-16 Fighting Falcon jet crashed midair into their Cessna 150C. The collision occurred on July 7, 2015, near Lewisfield Plantation in Moncks Corner, 25 miles north of Charleston, South Carolina.

Plaintiffs in the case alleged that the air traffic controller on duty failed to alert the F-16 pilot about the Cessna’s presence in time to avert a crash. Early in the litigation, the government admitted that “acts and omissions of its employees” caused the accident.

Hudson River crash

Motley Rice represented the families of five Italian tourists in a fatal midair collision lawsuit. This Hudson River midair collision occurred on August 8, 2009. It happened when a sightseeing helicopter, operated by a commercial pilot for Liberty Helicopter Tours, crashed into a Piper PA-32R-300 plane operated by a licensed private pilot.

The Hudson River air corridor can often become congested with traffic from sightseeing aircraft. Investigations of the collision revealed several missteps that caused or contributed to the accident. Issues included a short-staffed air traffic control tower and an inattentive air traffic controller.

A party can be held liable for a midair collision plane crash if their negligent actions (or the actions of someone under their control, like an employee) caused or contributed to the victims’ injuries or deaths.

In the U.S., determining fault for a midair collision usually requires a complex investigation process overseen by the NTSB and FAA. Potentially responsible parties may include:

• Aircraft manufacturers
• Air traffic controllers
• Commercial airlines
• The FAA or NTSB
• Military entities
• Private pilots or charter aircraft companies

Motley Rice’s aviation lawyers have handled numerous aviation lawsuits. We have litigated cases involving midair collisions, pilot errors, air traffic control mistakes, mechanical issues and aviation terrorism. Our firm has experience cooperating with government agencies and conducting independent aviation accident investigations.

You may be eligible to file a personal injury or wrongful death lawsuit if you were injured or your family member was killed in a mid-air collision caused by negligence. If debris from the collision hits bystanders on the ground, they may also be eligible for injury lawsuits. If the debris damages property, owners may be eligible for economic loss lawsuits.

Often, midair collision lawsuits involve:

• Early evidence collection and preservation: Launching a timely crash investigation and gathering and preserving case evidence are vital. Evidence collection will usually involve obtaining government documents and records that the defendant has in their possession, like flight logs or air traffic control transmissions.
• Expert review of aviation procedures and systems: Aviation litigation often involves working in cooperation with aviation experts, engineers and government agencies. It also requires an understanding of FAA and NTSB regulations.
• Legal action against one or more responsible parties: Aviation lawsuits can involve more than one liable party. For example, liability could rest with both a commercial airline and an airplane manufacturer. You can pursue multiple claims against multiple parties when applicable.

Midair collision lawsuits are complex. They can present many unique challenges, including:

• Lack of transparency: Military or government agencies involved in the investigation may attempt to withhold data, citing national security exemptions. Airlines and other commercial entities may be reluctant to turn over evidence that points to their negligence.
• Limited evidence: In-flight collisions can destroy critical records, like cockpit data and voice transmissions. Aviation experts may be needed to reconstruct the evidence.
• Multiple jurisdictions: Aviation accidents can involve state, federal and international agencies and regulations, military branches and private parties. Plaintiffs and defendants can be spread across multiple states and countries, bringing multiple jurisdictions into the case.
• Sovereign immunity issues: Sovereign immunity is a common law legal doctrine that prohibits a government from being sued without its consent. This legal principle can come into play in aviation lawsuits involving the FAA, Department of Defense or other government entities.

How an aviation attorney can help

An aviation attorney can use their aviation knowledge, industry relationships and legal skills to build a robust midair collision lawsuit. Motley Rice has represented numerous plane crash victims and their survivors. We can:

• Navigate legal barriers: We can help you understand and resolve legal obstacles, including military and government liability issues, federal requirements and international laws.
• Obtain and preserve evidence: An attorney can manage the evidence collection process. We can secure documents and other proof in the defendant’s possession, collect physical evidence and obtain government investigation results.
• Pursue multiple defendants: When more than one party shares responsibility for an accident, we can file multiple claims against multiple defendants.
• Work with industry experts: Motley Rice is a nationwide law firm with decades of experience fighting for victims of negligence. We have established relationships with experts in various industries, including aviation.

Motley Rice has extensive experience with aviation litigation. Our attorneys have represented victims and surviving family members in personal injury and wrongful death lawsuits involving midair collisions, mechanical failures, pilot errors, air traffic control mistakes, aviation terrorism and regulatory failures.

We care about helping our clients seek justice and effecting positive changes in the airline industry. If you or your loved one was injured or killed in a midair crash, we can discuss your legal options during a free consultation. Contact our aviation accident attorneys online or call 1.800.768.4026.

Read more about our aviation litigation experience.