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A recent plane crash over the Potomac River, involving a small aircraft and a military helicopter, has brought renewed attention to the risks of aviation accidents in Washington, D.C. DC has the strictest aviation rules in the country. Commercial aircraft cannot fly directly over the District. An airplane flying into Washington Reagan (DCA) must be on a very tight flight path. While DCA is not the largest airport, it is home to the busiest runway in the country, with planes landing about every minute. All the while, it cannot deviate even slightly from its path or risk fighter jets scrambling from a nearby airbase. With all these precautions, one may believe that a DC plane crash lawyer is seldom necessary. But in the wake of tragedy, victims and their families deserve justice.
A crash of a commercial airliner in the United States is exceptionally rare. The last time there was a crash was in 2009 in Buffalo, New York. In Washington, DC, understanding who is responsible requires experience with federal aviation laws, National Transportation Safety Board (NTSB) investigations, and local regulations. A complex interplay exists between federal regulations affecting civil air travel and military activity. Nonetheless, traditional rules of negligence still apply. And where negligent behavior leads to tragic deaths, families and estates are entitled to compensation. An experienced DC plane crash lawyer can help you and your family navigate these intricate legal matters and advocate on your behalf against the federal government when a military helicopter causes a crash. Immediate action preserves evidence, meets strict deadlines for filing a claim against the federal government, and holds responsible parties accountable.
Call today for a free consultation with a DC plane crash lawyer.
The Washington D.C. Metropolitan Area Special Flight Rules Area (DC SFRA) is a circular area with a 30 nautical mile (about 33 statute miles) radius around Washington, D.C. It surrounds the Flight-Restricted Zone (FRZ). This means the Flight-Restricted Zone is a smaller circle that exists inside the DC SFRA. Not just any aircraft can fly inside of the SFRA. First, you need clearance to enter or exit the area. Second, the aircraft must have an altitude-encoding transponder and be operating.
The FRZ is about half the size of the DC SFRA, at about 15 nautical miles. It surrounds Ronald Reagan Airport and Washington National Airport. The FRZ has only been in effect since the horrific events of 9/11, about 24 years ago.
Moving inward, we have Prohibited Area 56 (P-56). Prohibited Area 56 (P-56) is a restricted airspace around Washington, D.C. that includes the White House, the National Mall, and the Naval Observatory. Within this airspace, commercial and private aircraft are not permitted. So, what aircraft may fly within P-56? Only specially authorized flights that directly support the U.S. Secret Service, the Office of the President, or one of several government agencies with missions requiring air support within P-56.
Washington, DC, is the home to all three branches of government in the United States. Our citizens are of the utmost importance. Moreover, if there were to be an attack or disaster against one of our government buildings or monuments, that would certainly spell chaos in our country. Unlike other metropolitan areas where commercial and private aircraft operate relatively flexibly, D.C.’s airspace is a complex intersection of civilian and military aviation, governed by strict federal regulations. Thus, we have one of the world’s most tightly controlled and monitored airspaces. So, how could such an incident happen? In any field operated by humans, negligence can exist. Systems and structures are in place to minimize the possibility of human error. When a party makes a mistake that causes injury or death, a DC aviation attorney can help.
Given the amount of military activity and protected assets in Washington, D.C., military vehicles are frequently at work. FAA-operated control towers monitor civilian air traffic over D.C., while military aircraft are subject to their own chain of command. Thus, there can be multiple channels of communication, making communication between pilots more complicated than it would normally be. Moreover, when military vehicles undergo training exercises, they may focus on tasks unrelated to what is happening in the DC airspace. While this is undoubtedly a difficult task, it does not forgive negligence, particularly when there are such grave consequences.
When there is a fatal plane crash, there are two claims available. The first claim available is for the estate of the decedent. This is a survival action. In Washington, DC, Section 12-101 governs the law on survival claims. The statute is simple, but pursuing a survival claim can be complex. The statute itself is simple. But, the statute’s purpose is to overrule the common law, which holds that the right to claim compensation passes with the victim. Once an estate forms, the representative may act on behalf of the decedent for specific purposes and pursue a survival action. A personal representative, also known as an administrator or executor, either receives appointment before the decedent’s passing or gains authority through intestacy laws. A DC plane crash lawyer can assist with creating the estate and pursuing a survival action against the appropriate party.
The second claim is a wrongful death claim. In Washington, DC, only certain parties can make a wrongful death claim. But remember, other parties may also have a claim if they are named in the will. If that is the case, their claim aligns with the survival action. You may also have a claim if you are a spouse, child, parent, or grandparent. Your eligibility to make a claim is decided by statute where the death occurs. The types of compensation available to you in a wrongful death claim also vary depending on your relationship with the decedent. Next, we examine the types of compensation available with assistance from a DC plane crash lawyer.
Under sovereign immunity, the U.S. government is generally immune from lawsuits. This would ordinarily include when the military is negligent and causes harm in a plane accident. Sovereign immunity is a judge-made doctrine, meaning not made by Congress, which states that the government cannot be sued without its consent. The idea comes from British common law, from which our legal system originates. In that system, it was ordered that the king can do no wrong. The federal government passed the Federal Tort Claims Act in the United States. This gives consent for our DC plane crash lawyers to sue the DC government in select instances. The United States is liable to the claimant according to the law of the place where a particular act or omission occurred. In the case of the American Airlines crash, Washington, DC, law may apply.
The types of compensation available after a plane crash depend on your relationship to the victim. If you are pursuing a wrongful death claim, your damages generally are funeral and burial costs, loss of future income, loss of companionship, consortium, parental training, guidance, and, in some cases, punitive damages. The rationale behind these damages in a wrongful death claim is never meant to replace the loss of life. These damages in a wrongful death claim never serve to replace the loss of life. However, courts also recognize that losing a family member can put you in a precarious financial situation. If you lose a family member, you have emotional damages. Unfortunately, that is generally not directly compensable unless you witness the incident. The purpose of these damages is to provide financial security in a time of considerable uncertainty.
The second aspect of the claim is the survival action. This usually joins the wrongful death claim and may involve the same party. Nonetheless, it serves a different purpose. This is to compensate the decedent. The victim’s right to make a claim against the negligent party survives their death. And if they have a will, the party to whom the victim wanted to pass their assets should receive that compensation.
As it turns out, the January 30, 2025 events are not isolated. Since 1988, there have been 23 near midair collisions between passenger planes and helicopters at Ronald Reagan National Airport. This is an alarming statistic that indicates more widespread negligence. Thus, we can point the finger at more parties, allowing for more compensation for victims and potentially even punitive damages.
Countless individuals can be held liable in a plane crash. This may include aircraft operators, helicopter manufacturers, maintenance technicians, air traffic control, or military agencies. However, a prudent DC plane crash lawyer aims to maximize compensation for clients. Thus, at Gelb & Gelb, we target primarily the party with the most resources to cover your damages. This is seldom an individual but instead a government agency. Of course, we must prove that this defendant is also a proximate cause of your or your family’s damages. This requires extensive investigation. The legal cause of the plane collision may be pilot error, mechanical failures, weather conditions, or fuel issues. As the plaintiff, we must prove the defendant’s liability by a preponderance of the evidence. Thus, we must act quickly and thoroughly investigate the accident.
If the claim is against the military, this falls under the federal government’s jurisdiction. Therefore, your DC plane crash lawyer must be licensed to practice in federal court.
On the date of the plane crash over the Potomac, wind gusts were over 30 miles per hour, which is believed not to be a factor in the accident. Despite the accident occurring at night, there was clear visibility as the skies were clear of fog or adverse weather conditions. If you are looking to hire a plane accident attorney, call our aviation law firm today. The DC plane crash lawyers at Gelb & Gelb have handled personal injury law in Washington, DC, for 71 years. Since then, we have recovered over $150 million for our clients. Call our office today for a free case consultation at (202) 331-7227.
Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.