Plane crash victims could run into problems trying to sue the FAA

Legal experts have told Newsweek that there is potential for lawsuits stemming from the crash involving an American Airlines flight and a U.S. Army Black Hawk helicopter over the Potomac River on Wednesday night, but suing the government could be difficult.

A police boat is seen at the wreckage site in the Potomac River from Ronald Reagan Washington National Airport on January 30, 2025, in Arlington, Virginia.

AP Photo

Why It Matters

All 64 passengers on board the PSA Airlines Bombardier CRJ700 jet and the three flying in the Sikorsky H-60 Black Hawk military helicopter are believed to have died in the accident.

Trump blamed diversity programs from the Obama and Biden administrations for the accident, citing a Fox News article about a Federal Aviation Administration (FAA) hiring initiative for people with disabilities. However, a similar program was launched in 2019 during Trump’s own presidency and such hiring policies have existed for over a decade.

Michael McAuliffe

Attorney Micheal McAuliffe told Newsweek in an email on Thursday, “While it’s far too early to make meaningful judgments about who’s at fault and why the crash occurred (as opposed to how), victim family members will almost surely pursue claims against American Airlines and any regional airline affiliates.

“It’s difficult to name the FAA as a defendant in a suit given applicable immunity, but there may be very limited tort actions allowed under federal statute.”

Barbara McQuade

Former attorney and professor at the University of Michigan Law School, Barbara McQuade told Newsweek in an email on Thursday, “There will need to be an investigation first, but if victims’ families can show that the airline, the FAA or any other party’s negligence caused the crash, then they could file a lawsuit and seek money damages for compensation for their loss.”

Neama Rahmani

Former federal prosecutor and legal analyst Neama Rahmani told Newsweek in an email on Thursday, “Depending on who was at fault for the deadliest American plane crash in decades, the victims’ family members can sue American Airlines, the federal government, both.

“The case against the airline would be like any other civil lawsuit. In addition to the airline, if a defect caused the accident, the manufacturer of the plane or helicopter can be sued.

“If the Army (pilot error) or FAA (air traffic control negligence) was responsible, the United States can be sued under the Federal Torts Claim Act. There are some limitations, though. The federal government can only be sued in federal court and there is no right to a jury trial.

“That means a district judge will decide liability and damages. In addition, under the Feres doctrine, active duty military families can’t sue the government for their death—only civilians can.”

What People Are Saying

Trump said during Thursday’s press conference: “We have to have our smartest people. It doesn’t matter what they look like, how they speak, who they are. What matters is intellect, talent. The word talent—they have to be talented, naturally talented, geniuses.

“Brilliant people have to be in those positions [air traffic controllers], and their lives are actually shortened, very substantially shortened, because of the stress, where you have many, many planes coming into one target, and you need a very special talent and a very special genius to be able to do it.”

The FAA said in a statement: “FAA investigators are supporting the National Transportation Safety Board (NTSB)-led investigation of Wednesday night’s midair collision near Reagan Washington National Airport. The NTSB is leading the investigation and will provide all updates.

“We cannot comment on any aspect of open investigations. The FAA will quickly take any actions necessary based on evidence from the investigation.”

Elon Musk said Thursday on X: “Under the Biden administration, the FAA and other government agencies had absolutely insane hiring practices that endangered the public. President @realDonaldTrump and his team are working rapidly to restore competent personnel to all positions involving your safety.”