An American Airlines plane collided in midair with a Black Hawk helicopter near the Reagan National Airport on the evening of January 29. According to news reports, the commercial airplane was carrying 64 people, many of whom were figure skaters from across the United States and Russia. It was heading for the runway when it collided with a military helicopter on a training mission. Both the airplane and the helicopter plunged into the Potomac River.
The dark, icy conditions made it difficult for emergency crews to mount a search and rescue mission.
According to the latest reports, there were no survivors in the crash.
From a legal perspective, aviation accidents involve several distinct areas of law and jurisdiction. The first major consideration is whether the flight was domestic or international, as this determines which laws and treaties apply.
For domestic flights in the United States, such as this one, the accident would fall under various legal frameworks:
Federal Aviation Administration has established the standards of care and safety requirements for aviation. Violations of these regulations often form the basis for negligence claims.
The National Transportation Safety Board (NTSB) investigates accidents, and while their findings aren’t admissible as evidence in civil litigation, they often inform the direction of legal proceedings.
Liability can attach to multiple parties:
Military aircraft accidents involve distinct regulations and considerations. Sovereign Immunity plays a significant role – under the doctrine of sovereign immunity, governments are generally protected from lawsuits unless they explicitly consent to be sued. However, there are some important exceptions:
The Federal Tort Claims Act provides a limited waiver of sovereign immunity for negligent acts by government employees, including military personnel. However, two major exceptions affect military aircraft cases. Civilians affected by military aircraft accidents can generally file claims under the FTCA.
Our thoughts are with the families of the victims of this accident. We extend our deepest gratitude to the first responders working tirelessly on rescue and recovery efforts.