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Tue, Feb 04, 2025

Lawsuits Against FAA, DOD, American Take Shape

Government Officials Take the Blame for Fatal DC Crash

Families of the victims in January 29th’s midair collision near Ronald Reagan Washington National Airport (DCA) are beginning to explore legal action against the federal government. Statements from President Trump and other officials pinning blame on the military helicopter could play a major role in these claims.

Trump and his cabinet have publicly acknowledged fault in the crash, which involved an Army UH-60 Black Hawk helicopter and an American Eagle regional jet, killing 67 people.

“It was far above the 200 foot limit. That’s not really too complicated to understand, is it???" Trump stated.

Secretary of Defense Pete Hegseth also suggested that the DOD would take responsibility, saying at a White House press conference, "No excuses, we’re going to get to the bottom of this… it never should have happened."

Under the Federal Tort Claims Act, victims’ families must file a notice of claim before pursuing litigation against the government. If the claim is denied or no decision is made within six months, they can proceed with a lawsuit. Cases against the government would be decided by a judge rather than a jury.

The National Transportation Safety Board (NTSB) preliminary investigation will take a month, with a final report expected in over a year. However, civil litigation against American Airlines, the FAA, and the DOD will not wait for the NTSB’s conclusions.

Attorneys will use flight recorder data, media reports, and forensic analysis to build their cases. While NTSB "probable cause" conclusions are not admissible in court, the underlying factual findings can be introduced as evidence.

Pittsburgh Attorney Jason Matzus, who has worked on similar cases, emphasized that non-economic damages will be the most compelling factor in settlements. “Claims will be significant. It’s premature, but conservatively speaking these will be multimillion-dollar claims each,” he said.

FMI: www.ntsb.gov

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