RV-10
Flight Crew Commercial; Flight Crew Instrument; Flight Crew Multiengine
Flight Crew Last 90 Days 150; Flight Crew Total 2000; Flight Crew Type 250
Communication Breakdown
Conflict NMAC; Deviation / Discrepancy - Procedural Published Material / Policy
Flight Crew Took Evasive Action
Procedure
My Aircraft RV-10 was cleared for an IFR flight plan take off from the ZZZ tower for a runway 14 departure with a runway heading course. As I was climbing through approx. 200 feet AGL the tower called out for an immediate traffic alert with converging traffic from my left 10 o'clock position. I immediately looked in the direction but did not see an aircraft. Simultaneously my wife seated in the left front seat yelled out that there was an aircraft to our right 1 o'clock position high in a left turn descending path. Our two aircraft's were on an immediate converging path; I instinctively push the aircraft nose over to stop our climb; gain forward airspeed and started a left bank to avoid possible collision. At the same moment I heard the ZZZ tower give immediate course direction to the other aircraft to avoid a collision. I recall that the other aircraft was a low wing single engine aircraft; possibly white with other strip colors. Once we were cleared of conflict; I resumed runway heading and my climb to avoid two large buildings on the beach end of the runway heading. It was at that time I heard the tower controller advise the other aircraft that he was being reported for possible pilot deviation for not following the tower controller instructions while in the pattern and that he needed to contact the tower via landline once on the ground. This event left me shaken for a few moments as I had my entire family on board my aircraft.  The learning here is despite being in a controlled airspace; on a IFR flight plan; with a clearance for takeoff by the tower controller; it is still always first and foremost the PIC responsibility to be very vigilant of all other aircraft in the vicinity. Never assume you are 100% safe in a controlled airspace / towered environment.
Pilot reported taking evasive action on takeoff to avoid a midair collision with an aircraft not following controller's instructions.