This year, the U.S. saw the worst mid-air collision in more than two decades. The accident, now dubbed the “2025 Potomac River mid-air collision,” has led to an increase in scrutiny of the aviation industry and the serious consideration of wrongful death suits for the families of the bereaved against the U.S. government and American Airlines.
American Airlines
On January 29, 2025, a catastrophic midair collision occurred over Washington, D.C., involving an American Airlines regional jet and a U.S. Army Black Hawk helicopter. This incident resulted in the loss of all 67 individuals aboard both aircraft. Preliminary investigations have highlighted potential resulting factors such as air traffic control staffing issues at Ronald Reagan Washington National Airport and the presence of a “high-risk” airspace. Notably, reports suggest that a single air traffic controller was managing operations at the time, a deviation from standard protocol that may have contributed to the tragedy. However, the involvement of a U.S. Army helicopter has raised further questions as to the circumstances surrounding the collision.
Facts of the Case
- Flight 5342 (a Bombardier CRJ701ER) was on final approach to DCA when the collision occurred.
- The second aircraft, a UH-60L Black Hawk Helicopter with the callsign PAT25 had left from Davison Army Airfield in Virginia prior to the incident.
- The helicopter was granted a request for “visual separation” near the airport. This request allows the helicopter to provide its own separation instead of the control tower. Generally, aircraft rely on tower readings to provide flight paths and coordinate trajectories away from each other.
- Both aircraft collided at less than 300 feet altitude, causing the helicopter to explode and crash upside down into the river.
Establishing Liability
Aside from black-box data, which is still under review, the proximate cause of American Airlines Flight 5342 is yet to be determined. As of now, there are multiple potential points of error that may have led to the disaster:
- Air Traffic Control Operations: It is possible that the staff operating the air traffic control tower at the Ronald Reagan Washington National Airport deviated from standard protocol, and that issues such as understaffing or miscommunication contributed to the incident.
- Mechanical Failures: It is possible that mechanical or technological defects in either the Black Hawk helicopter or the airbus resulted in misguided navigational data, resulting in the accident. These failures may be innate to the aircraft, or could be the result of lapsed or poor maintenance.
- Piloting Error: Finally, it is possible that the error was a result of one or both of either aircraft’s pilots. Recent news may point to “missed instructions” by the Black Hawk pilots.
If fault lies with the helicopter or with the control tower, the bereaving families will file suit against the U.S. Government and may draw compensation from the same. However, if fault lies with the airline, whether as a result of improper piloting, mechanical failure or poor maintenance, family members will likely draw suit against American Airlines instead.
Federal Tort Claims Act
When governmental bodies are implicated in a wrongful death case, as in the case of air traffic control errors or military actions, claims are subject to the Federal Tort Claims Act (FTCA). Under the FTCA, the government may be held liable for negligence; however, claimants must prove that the death occurred under the scope of the employee’s role.
Compensation
Wrongful death claims aim to provide financial relief for losses incurred due to the decedent’s passing. Compensable damages may include:
- Economic Damages: Such as loss of the decedent’s future earnings, medical expenses incurred prior to death, and funeral costs.
- Non-Economic Damages: Including loss of companionship, emotional distress, and pain and suffering experienced by the survivors.
Statute of Limitations
Timeliness is a critical factor in wrongful death claims. Statutes of limitations impose deadlines by which a claim must be filed, varying by jurisdiction and the nature of the defendant (e.g., private entity vs. government agency). Failure to initiate legal action within these timeframes can result in forfeiture of the right to seek compensation.
Wrongful Death Lawyers in Macon, Georgia
If you had a loved one present on board American Airlines flight 5342, know that your opportunity to receive legal and financial compensation is limited. Cases involving the FTCA move fast. Consider contacting the wrongful death lawyers at the McArthur Law Firm.
We prepare every case as if we will ultimately take it to trial. We never take the easy way out and will only accept a full and fair settlement, including in American Airlines wrongful death cases. Call today at 478-238-6600 or contact us online to arrange your free initial consultation with a wrongful death attorney from our Macon or Atlanta office. We practice nationwide.
