Mid-Air Collision

Lawyers Experienced in Handling Mid-Air Collision Cases

For over 40 years, our attorneys have dealt with very difficult aviation crash cases of all types, including multiple mid-air collisions. A mid-air collision is often fatal to the occupants of one or both planes and can lead to extremely complex litigation. Since a mid-air collision potentially involves two pilots, two aircraft, two flight plans, multiple maintenance providers, along with possibly multiple owners, operating companies and more, it is easy to see how difficult these cases can be.

Discovering the true cause of these terrible accidents and holding the responsible parties accountable requires the assistance of attorneys who are both knowledgeable and experienced in all aspects of aviation law.

If you or a loved one has been harmed by a mid-air collision or any other type of aviation accident, please, speak with an experienced lawyer at Wisner Baum.​

How Often Do Mid-Air Collisions Happen?

A mid-air collision is a rare occurrence, but there are some elements that tend to be found in the majority of mid-air collisions. Contrary to what many people assume about mid-air collisions, these tragic crashes do not often happen in foggy weather or at night when visibility is impaired. In fact, most mid-air collisions take place during the day when the weather is warm and clear. This is because there are more pilots out flying when the weather is ideal and most of them will be relying on VFR (or visual flight rules). The simple fact is the more planes in the sky, the more danger of a mid-air collision. This explains why the majority of these accidents take place within five miles of an airport and in areas that are popular for plane traffic.

Mid-air collisions tend to happen with smaller planes. Larger planes that carry hundreds of people have specific flight paths that are scheduled and tracked by the airlines and air traffic controllers. Smaller planes and helicopters that are operated for personal use, training, or in small commercial enterprises, such as sightseeing tours, are far more likely to experience an in-flight collision. This is due to the fact that these smaller planes may be less aware of one another than larger planes and do not necessarily have set schedules or firm flight paths. Many smaller planes can be operating under visual flight rules and may not necessarily see another aircraft until it is too late. Over 80 percent of all mid-air collisions occur when one plane tries to overtake another, often during final approach.

Additionally, certain areas are more prone to having two aircraft collide, such as popular tourist destinations or plane and helicopter training areas. When a large number of personal aircraft are in the air the potential for a mid-air collision increases.

For example a tour helicopter and a private plane collided over the Hudson River in 2009. This mid-air collision was attributed partly to an air-traffic controller taking a personal phone call that prevented him from performing his duties. The opportunity to see the New York skyline from a helicopter is a unique and exciting thrill, but can be very dangerous when you consider how many aircraft are able to fly in the Hudson River VFR Corridor, which is airspace that uses only visual flight rules, without scheduled flight plans or air traffic controllers involved. Beyond the many helicopter touring companies, there are numerous people who own their own private helicopters or planes as well as over 30 airports or heliports, three of which are large international airports, all fighting for the limited airspace over the populous City of New York.

What Causes a Mid-Air Collision?

The so called “see and avoid” rule in the Federal Aviation Regulations requires every pilot to remain vigilant at all times while operating an aircraft, “So as to see and avoid other aircraft.” It then lays down certain “rules of the road” that govern who has the right of way when two airplanes are approaching head-on, converging, overtaking and landing.

Very often, a mid-air collision involves one or more pilots violating one or more of those rules. Application of these rules can be quite complex because factors such as speed, weather, restrictions on vision, and limits on human ability may well challenge easy conclusions.

Mid-air collisions are always the result of at least one aircraft operator being unaware of the presence of another aircraft in its vicinity. However, the parties responsible for providing that knowledge can change from incident to incident. If a plane is told to land on the same runway from which another plane taking off, then the mid-air collision may be the result of air-traffic controller negligence. If a company fails to properly train its pilots to be aware of other aircraft or ground its flights during times of low visibility, the accident may be traced back to corporate negligence. However, the vast majority of mid-air collisions involve small personal planes or helicopters, otherwise known as general aviation aircraft.

The most common cause of a mid-air collision is pilot error, or the general failure to take notice of the other aircraft by one pilot or another. Sadly, in most cases, at least one pilot could have seen the approaching aircraft in time to avoid a mid-air collision.

The important thing to remember about a mid-air collision is that no pilot or plane type is immune. An inexperienced pilot may forget to keep an eye out for other aircraft, while an experienced pilot may have traveled the same route so many times, they are not paying as much attention to unexpected changes. Even with air traffic controllers and pilots on the lookout, with planes moving toward each other at high rates of speed, it can be difficult for people to respond in time to prevent an accident.

According to the FAA, while flying it is easy for a pilot to develop empty-field myopia—where the lack of surrounding objects to focus on, leads to the eyes not focusing on anything, even if it does enter the field of vision. Another common issue for pilots is tunnel vision, where objects in peripheral vision are ignored. Additionally, environmental effects such as glare from the sun or flying over a densely populated area with lots of buildings can camouflage a nearby aircraft until an accident is unavoidable.