We discuss recent aviation accidents, explore potential litigation, and consider changes to the U.S. Air Traffic Control system.

Erin Applebaum returns as our guest for this episode. Erin is a Partner in the aviation practice of Kreindler & Kreindler LLP, a New York law firm. She specializes in litigation for passengers who were injured or killed in general aviation accidents and commercial airline disasters. Erin previously joined us in Episode 831 Advocating for 737 MAX Crash Victims and Episode 777 Aviation Accident Litigation.

We discuss the Delta Air Lines CRJ-900 regional jet crash at Toronto’s Pearson Airport. Because this occurred the same day the episode was recorded, few verified facts were available. Erin also helps us consider the Washington National midair collision between an American Airlines regional jet and an Army Blackhawk helicopter. We look at the U.S. air traffic control system, including staffing needs, outdated systems, and alternatives such as privatization such as that used by other countries.

Along the way, Erin explains litigation under the Montreal Convention and how aviation attorneys obtain clients. We look at the quality of communications between controllers and pilots, the types of altimeter types and implications for safety, traffic screens, the current status of the B737 MAX litigation, and the Federal Tort Claims Act. We also have thoughts on how to respond when people outside the industry ask, “Is it safe to fly?”

Erin has devoted her career to advocating for justice and fighting for the advancement of aviation safety. She serves on the Plaintiffs’ Executive Committee for the Ethiopian Airlines Flight 302 Boeing 737 MAX litigation. Erin is part of the legal team representing the 737 MAX crash victims in the federal criminal case against Boeing.

We used the following sources for our conversation. Note that some are behind a paywall and others require free registration.

Black Hawk crew might not have heard crucial tower instruction, NTSB says

Pilots got 100 collision warning at DCA

From 1920s Thinking to Digital Autonomy: After 100 Years, It’s Time To Rethink How Air Traffic Control Works

US senators call for increased funding, staffing for air traffic control

How Elon Musk Will Bring ATC Under Control, By Robert Poole, Reason Foundation.

Victims’ Families of Boeing Crash Ask New US Attorney General for Meeting on Criminal Plea Agreement

Elon Musk Vows To Cut FAA’s “Senseless” Supersonic Boom Noise Regulation

Max Flight, Rob Mark, our Main(e) Man Micah, and Max Trescott.