2025 Potomac Mid-Air Collision: Potential Wrongful Death Claims Against Air Traffic Control and the U.S. Military

2025 Potomac Mid-Air Collision: Potential Wrongful Death Claims Against Air Traffic Control and the U.S. Military

On January 29, 2025, PSA Airlines Flight 5342 and a U.S. Army Black Hawk helicopter collided near Reagan National Airport (DCA) in the Washington D.C. area. This devastating accident resulted in the loss of all 67 lives on board both aircraft — all 64 passengers and crew members on the American Airlines flight and 3 personnel on the Army helicopter. The wreckage from both aircraft is currently being removed from the Potomac River.

As investigations begin, potential legal claims for wrongful death are emerging due to possible lapses in both air traffic control (ATC) and Army operations.

Grounds for Wrongful Death Claims

In wrongful death cases, surviving family members can pursue legal action when another party’s negligent actions cause their loved one’s death. In the case of the January 29 collision, two entities stand out as possible defendants: the Federal Aviation Administration (FAA), which oversees air traffic control, and the U.S. Army, responsible for operating the Black Hawk helicopter.

Air Traffic Control’s Role and Potential Negligence

Air traffic controllers play a crucial role in keeping aircraft safely separated, especially near busy airports like Reagan National.

Several potential issues with ATC actions before the crash raise concerns:

  • Inadequate Staffing: Air traffic control systems typically rely on multiple controllers, especially in busy airspaces, to ensure safe distances between aircraft. At Reagan National, there was only one controller managing both the airliner and the helicopter.
  • Delayed Warnings: The controller did warn the helicopter crew twice about the approaching American Airlines flight, but the first alert occurred just two minutes before the collision. Investigations will analyze whether these warnings were too late or unclear for the helicopter pilot to take evasive action.
  • Failure to Enforce Altitude Restrictions: Reagan National imposes specific altitude restrictions on helicopters, such as maintaining no more than 200 feet over certain areas. If the helicopter was flying higher than permitted, it could suggest that ATC failed to properly monitor or enforce these regulations.

Since the ATC has a duty to keep passengers safe, any of these issues are potential grounds for liability.

The U.S. Army’s Potential Liability

The U.S. Army could also be held accountable for the crash, especially if certain aspects of the Black Hawk helicopter’s operation were mishandled:

  • Helicopter Altitude Violation: Preliminary reports indicate that the Black Hawk may have exceeded the allowable altitude of 200 feet. If the helicopter’s flight path was not properly coordinated with ATC or the pilot ignored established regulations, the Army could bear some liability for the collision.
  • Pilot Training and Supervision: The Black Hawk was on a proficiency evaluation flight, meaning the pilot’s performance was under review. If the Army failed to ensure that the pilot was fully trained to operate in such congested airspace, it might be deemed negligent in supervising the flight.

It’s also possible that both the ATC and the Army could share liability for the collision. In these types of cases, a thorough analysis of how each party’s actions—or lack thereof—contributed to the crash is necessary. For instance, if the controller’s late warnings and the Army’s failure to follow altitude guidelines both played a role in the incident, both could be found negligent.

Legal Theories Behind Wrongful Death Claims

A few different legal theories can form the foundation of wrongful death claims in this tragic event, including:

  • Negligence: Negligence is the most common cause of action in wrongful death cases. If the actions of either the air traffic controller or the Army violated a duty of care owed to the victims, their families could seek compensation for the deaths.
  • Vicarious Liability: The Army could also be held vicariously liable for the actions of the helicopter’s pilot. If the pilot’s failure to follow proper protocols directly resulted from inadequate training or oversight by the Army, vicarious liability could apply.

A personal injury lawyer can help you determine which legal theory will give you the most leverage for your claim.

Compensation for Victims’ Families

If a wrongful death claim is successful, the family of a victim may receive compensation for a variety of damages:

  • Funeral and Burial Expenses: Families may seek reimbursement for the financial costs of laying their loved ones to rest.
  • Loss of Financial Support: If the deceased individuals were primary earners for their families, compensation may cover lost future earnings.
  • Emotional Distress: Surviving family members may also be entitled to damages for the emotional toll caused by the sudden and tragic loss of their loved ones.

Through meticulous investigation, it will become clearer whether negligence on the part of air traffic control, the Army—or both—contributed to the disaster. As the legal process unfolds, it will shed light on how such a tragedy can be addressed and prevented in the future.

Contact Alpert Schreyer Personal Injury Lawyers for Help Filing a Wrongful Death Claim

At Alpert Schreyer Personal Injury Lawyers, our legal team has decades of combined experience handling complex wrongful death claims against major corporations and entities. Experience and resources matter when your case involves the military or federal government; we will spare no resource or effort in helping your family get justice after the collision at Reagan National.

Contact us today to schedule a free consultation to discuss your case with an experienced Maryland wrongful death lawyer.

For more information, please contact Alpert Schreyer, Personal Injury Lawyers, to schedule a free and confidential consultation with a personal injury lawyer. Our team is available to assist clients in Lanham, Frederick, Rockville, Waldorf, Annapolis, and Lexington Park, Maryland.

We proudly serve Charles County, Prince George County its surrounding areas. Visit our law offices at:

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